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What does “curative title work” mean?
When you sell a house, the title company searches public records to make sure you own it free and clear, and that the buyer will too. If the search finds a problem, somebody has to fix it before the sale can close. That fixing is called curative title work. On our cash purchases, it’s part of what we do, and it’s a big reason we buy houses other buyers walk away from. See liens or title issues for how that works.
What a title search finds
The title company reviews recorded documents: deeds, mortgages, satisfactions, liens, judgments, probate records and more. It issues a title commitment listing what must be resolved before it will insure the sale.
| Finding | What it is | Typical fix |
|---|---|---|
| Unreleased mortgage | An old loan that was paid but the release never got recorded | Get the lender to record a satisfaction; affidavit if the lender is gone |
| Judgment lien | A court judgment docketed against an owner | Payoff, negotiated release, or show it doesn’t attach |
| Tax lien | Unpaid property, state or federal taxes | Payoff at closing or discharge |
| Mechanic’s lien | Contractor claim for unpaid work | Payoff, release or escrow |
| Chain-of-title gap | A missing deed, an heir who never signed, a name mismatch | Corrective deed, affidavits, sometimes court |
| Legal description error | Wrong lot, bad measurements | Corrective deed or survey |
| Probate gap | Owner died, no probate, or probate never finished | Open probate, TODD affidavit or other transfer |
Abstract vs. Torrens in Minnesota
Minnesota has two title systems:
- Abstract property: ownership is traced through the chain of recorded documents, historically summarized in an abstract of title.
- Torrens (registered) property: the Registrar of Titles keeps a certificate of title that states the current owner and encumbrances. Common in Hennepin and Ramsey counties.
Torrens can be cleaner in some ways, but clearing certain problems on Torrens property requires a court proceeding, often called a proceeding subsequent, which adds time.
Who does the work
The title company identifies the problems. The fix may come from the seller, a former lender, a creditor, an heir, an attorney or the court. On our purchases, we coordinate it: requesting releases, negotiating with creditors, preparing affidavits and working with a real estate attorney when a court step is needed.
How long it takes
| Problem | Typical time |
|---|---|
| Missing release from an active lender | 1 to 3 weeks |
| Missing release from a defunct lender | Weeks to a couple of months |
| Judgment payoff or negotiated release | 1 to 4 weeks |
| Probate needed | Weeks to months |
| Quiet title or Torrens proceeding | Several months |
What it means for your sale
- A normal buyer may wait, ask you to fix it, or walk away.
- A wholesaler with a short contract window usually can’t wait.
- We plan for it and close when title is clear, with your net explained up front.
If a title commitment has already turned up judgment liens or other problems, send it to Ryan. He’ll tell you what each item means and how long it should take.