Real estate law: title issues
When something is wrong with title
Most closings are uneventful. When something does surface, what matters is that it is found early and dealt with calmly. Liens, registration errors, missing documents and last-minute lender requirements are all solvable problems.
Problems found early are usually just tasks
Nearly everything that goes wrong with a closing is fixable if there is time. The same issue discovered two days before closing becomes a crisis, and occasionally a failed transaction.
That is the reason title searches happen when they do rather than at the end. It is also why we ask for documents early: most delays trace back to information arriving late rather than to anything genuinely wrong with the property.
Issues we address
Title defects and registration errors
Mistakes in the registered record, or descriptions that do not match what is actually being sold.
Liens, notices and executions
Claims registered against the property or the owner, which must be cleared before clear title can pass.
Missing documents or unmet conditions
Outstanding paperwork, or conditions that were never formally satisfied.
Last-minute lender requirements
New conditions arriving days before closing, and the funding delays that follow from them.
What reduces the risk
Sellers and buyers both have a part in this, and very little of it is complicated:
- Confirm that the names on title match your identification exactly, including middle names
- Request mortgage payout statements early: these take longer than people expect
- Deal with anything you already know about, rather than hoping it goes unnoticed
- Respond quickly when your lawyer asks for something, even if it seems minor
Where a defect cannot be resolved before closing, title insurance sometimes covers the consequence. That is one of the reasons it is recommended.
Common questions
What happens if a problem is found on title?
Usually it gets resolved. Liens are cleared from the sale proceeds, registration errors are corrected, and outstanding documents are obtained. The difficulty is almost always time rather than the problem itself, which is why searches happen early.
What is a lien, and who pays it?
A claim registered against the property, often for unpaid work or debts. It has to be cleared before clear title can pass, and it is normally paid from the seller's proceeds on closing.
Can a title problem stop my closing?
It can delay one, and occasionally a serious unresolved defect will end a transaction. Found with time in hand, most are simply tasks. Where one cannot be resolved before closing, title insurance sometimes covers the consequence.
What can I do to avoid delays?
Confirm the names on title match your identification exactly, request mortgage payout statements early, tell us about anything you already know of, and respond quickly when we ask for something. Most delays come from information arriving late.
Why work with Gurpreet?
Clarity
Plain-language explanations and clear next steps.
Responsiveness
Timely updates, so you are never left guessing.
Accuracy
Careful review of documents and title issues to reduce risk.
Coordination
Working directly with your realtor and lender to keep the closing on schedule.
Meet Gurpreet
Barrister & Solicitor, Notary Public, Mahal Law Professional Corporation
Gurpreet Singh Mahal is the principal lawyer at Mahal Law Professional Corporation, serving clients across Ontario, including Brampton, the Greater Toronto Area, and Ottawa.
Read Gurpreet's full profile
Talk to Gurpreet about a title problem
Share a few details and we'll call you to talk it through. The first conversation is free.
- Call
- 613-306-9900
- Office hours
- Monday to Friday9:00 AM to 6:00 PMSaturday10:00 AM to 2:00 PMSundayClosed
- Visit
- 101-14 Chamberlain Ave
Ottawa, OntarioGet directions (opens Google Maps in a new tab)