The short answer
The title issues that most often delay Ohio closings are unreleased mortgages and liens, easements that affect use of the property, boundary discrepancies on the survey, and errors in old deeds. A careful early review of the title commitment catches most of them.
When should you read the title commitment?
The title commitment lists exceptions and requirements that must be resolved before closing. Buyers often receive it late and skim it. Reading it the day it arrives leaves time to fix problems without moving the closing date.
"Most title problems are fixable. The trouble is finding them with three days left."Mai Nguyen, Property Counsel
Which title problems are most common, and how are they fixed?
Most problems on this list have a routine fix once someone owns them. The trouble is time: a release from an old lender or a corrective deed from a prior owner can take weeks to obtain.
| Issue | Typical fix |
|---|---|
| Old mortgage not released | Lender release or affidavit from the payoff record |
| Contractor lien | Payoff, bond or negotiated release |
| Easement across the lot | Review its scope, negotiate or confirm use |
| Survey mismatch | Updated survey and boundary agreement |
| Deed error | Corrective deed signed by prior owners |
What should you do this week?
- ReviewRead requirements and exceptions line by line.
- ResolveAssign each issue to the party who can fix it.
- ConfirmGet written clearance before the closing day.
What are the key takeaways?
- Request the title commitment as early as possible.
- Compare the survey to the legal description.
- Ask what each exception means for your plans.
- Keep lender and title company in one email thread.
What else do readers ask?
It covers many hidden defects, but listed exceptions are usually excluded, so read them closely.
Sometimes the lien is paid from sale proceeds at closing, if everyone agrees in advance.
Usually the seller, since the seller promises clear title in most purchase agreements. Check your contract.
What is the bottom line?
A title review is a small investment that protects one of the largest purchases most people make.
By Mai Nguyen, Property Counsel. This article is general information about Ohio law, not legal advice for your situation, and reading it does not create an attorney-client relationship. Aldridge Penn Law is a fictional demonstration firm.
