Clearing Title Problems Before Closing
When a Title Issue Threatens Your Closing, We Fix It
- We Cure the Title Problems That Stall or Kill Closings
- Attorney-Owned Title Company — Fixed In-House, Not Referred Out
- Local, Responsive, and Built to Close On Time
Call Us Today And See How We Can Fix Your Title Problem
(618) 316-7322
Title Problems That Threaten a Closing in Southern Illinois
A clean closing depends on clean title. When a problem surfaces during the title search — an old mortgage that was never released, a lien, a missing heir, a deceased owner still on the deed, or a break in the chain of title — it can stall a sale or kill it outright. Most title companies, when they hit one of these, hand the file back and tell you to “go see a lawyer.” Olson & Reeves is the lawyer and the title company. We cure the title problem and still close the deal, in one office, through Mt. Vernon Title Company.
Whether you are a seller staring at a title problem you did not know existed, or a real estate agent or lender with a closing in jeopardy, we can usually fix it — and fix it in time. We are based in Mt. Vernon, Illinois and clear title for clients across Jefferson, Marion, Washington, Clinton, Wayne, Hamilton, Franklin, and the surrounding counties.
Most title problems can be cleared before closing. The right fix depends on the defect — a recorded release, a corrective deed, a sworn affidavit, a probate case, or, when nothing else works, a quiet title action in court. The key is catching the problem early and putting the right tool on it, instead of letting the deal sit while the clock runs.
Common Title Problems and How They Get Cleared
Most title defects fall into a handful of categories. Here are the ones we see most often in Southern Illinois closings, what each one means, and how it usually gets fixed.
| Title Problem | What It Means | How It Usually Gets Cleared |
| Unreleased mortgage or paid-off lien | A loan or lien that was paid off but never formally released still shows on the record | Obtain and record a release; if the lender is defunct, a release of lien or court action |
| Judgment or tax lien | A creditor judgment, unpaid taxes, or a government lien attached to the property | Pay or negotiate the lien and record the release, often out of the sale proceeds at closing |
| Missing heirs or no probate | An owner died and title never legally passed to the people who inherited it | Affidavit of heirship, a probate case, or a court order establishing the heirs |
| Deceased owner still on the deed | A spouse or joint owner died but was never removed from the title | Record an affidavit of surviving joint tenant with a death certificate, or probate |
| Break in the chain of title | A past deed was missing, wrong, or improperly signed, leaving a gap in ownership | A corrective deed, a confirmatory affidavit, or a quiet title action |
| Boundary, easement, or survey conflict | The legal description, a fence line, or an easement does not match what is on the ground | A new survey, a boundary or easement agreement, or litigation if it is contested |
| Name or identity discrepancy | The owner’s name differs across documents — a marriage, a typo, or a similar name | A name affidavit or corrective documentation tying the records together |
How a Title Problem Actually Gets Fixed
Clearing title is detail work. The first step is the title search, which tells us exactly what is recorded against the property and where the chain of ownership breaks down. From there, the cure depends on the defect. Many problems are solved with paperwork: tracking down and recording a missing release, preparing a corrective deed, or having the right person sign a sworn affidavit. Liens are often paid and released as part of the closing itself, out of the seller’s proceeds.
When the problem cannot be fixed with documents — a true gap in the chain, an unknown or hostile claimant, or a dispute over ownership — the answer is a quiet title action. That is a court case that asks a judge to declare who actually owns the property and to wipe out the bad claim, so the title becomes marketable again. Because we litigate as well as close, we can take a problem all the way through court and then issue the title insurance on the other side — something a title company without attorneys simply cannot do.
Why an Attorney-Owned Title Company Matters Here
This is the difference that decides whether a deal closes. A standalone title company that finds a defect it cannot insure around has one option: hand the file back and tell the parties to find a lawyer. That sends everyone scrambling while the closing date slips and the deal starts to come apart. Olson & Reeves is built the other way. We are the title company and the law firm, so when a problem turns up, the same office that found it is the office that cures it — a release, a corrective deed, a probate case, or a quiet title action — and then closes the sale and issues the policy. No referral, no hand-off, no lost weeks.
For Real Estate Agents and Lenders
If you are a real estate agent or a loan officer, you know the feeling: the closing is set, and the title search comes back with a problem nobody saw coming. The deal suddenly depends on how fast it gets fixed. This is where we earn our keep. Bring us the files other title companies choke on. Because we are attorneys, we can cure the defect in-house instead of sending your client out to find a lawyer while the clock runs. You get one experienced team that answers the phone, keeps everyone informed, and works to close on the date — not a deal stuck waiting on two separate offices to coordinate. The closings that fall apart are almost always the ones that sat waiting on a problem nobody owned. That does not happen here.
Mt. Vernon Title Company: Find It and Fix It Under One Roof
Olson & Reeves co-owns and operates Mt. Vernon Title Company. The same office searches the title, finds the problem, cures it, issues the title insurance, and runs the closing. Our title work is underwritten by Advocus National Title Insurance Company, the only bar-related title underwriter based in Illinois. For a deeper look at how we handle title and closings, see our Southern Illinois real estate and title attorneys page.
Where We Clear Title Problems in Southern Illinois
We are based in Mt. Vernon and regularly clear title for closings in Marion, Centralia, Salem, Benton, Mount Carmel, Fairfield, McLeansboro, Carbondale, and the surrounding communities. These are some of the counties where we most often handle title curative work:
| Jefferson County | Marion County |
| Washington County | Clinton County |
| Wayne County | Hamilton County |
| Franklin County | Madison County |
| Effingham County | Fayette County |
| Clay County | Richland County |
| Wabash County | Williamson County |
Title Problem FAQ
What is a cloud on title?
A cloud on title is any recorded claim, defect, or unanswered question that makes ownership of a property uncertain — an old unreleased mortgage, a lien, a gap in the chain of deeds, or a deceased owner still on the title. A cloud does not necessarily mean someone else owns the property, but it has to be cleared before the title is marketable and a sale can close.
Most clouds are discovered during the title search and can be cleared with the right document or, when necessary, a court action. The important thing is to identify and resolve them early, before they threaten a closing date.
Can a title problem stop my closing?
Yes. A title problem can delay a closing or stop it entirely, because the buyer’s lender and title company will not move forward until the title can be insured. An unreleased lien, a judgment, a missing heir, or a break in the chain of title all have to be cleared first. How long that takes depends on the problem — some are fixed in days, others take weeks or a court case.
The good news is that most title problems are solvable when they are caught early. Because we clear title and close in the same office, we identify issues up front and start working on the cure immediately instead of discovering them days before closing.
How long does it take to clear a title problem?
It depends on the defect. A missing lien release or a corrective deed can often be handled in a matter of days. Establishing heirs or opening a probate case takes longer, usually weeks to months. A contested matter that requires a quiet title action depends on the court’s schedule. The first step is always the title search, which tells us exactly what we are dealing with and how long the fix should take.
We give you a realistic timeline up front, so if a closing date is at stake, everyone knows what is possible and can plan around it rather than guess.
What is a quiet title action?
A quiet title action is a court case that asks a judge to declare who legally owns a piece of property and to remove competing or defective claims against it. It is used when a title problem cannot be fixed with a simple recorded document — for example, a true gap in the chain of title, an unknown claimant, or a dispute over ownership. When the court rules, the title becomes marketable again.
Because we litigate as well as close, we can take a property through a quiet title action and then issue the title insurance once it is resolved. A title company without attorneys has to refer the lawsuit out, which is where deals lose time.
There is an old mortgage or lien still on my property that was paid off. How do I remove it?
A paid-off mortgage or lien that still appears on the record is removed by obtaining and recording a release or satisfaction from the lender. If the original lender still exists, it is usually a matter of requesting the release. If the lender has gone out of business, merged, or cannot be located, it can take more work — a release of lien, a payoff demonstration, or a court action to clear it.
This is one of the most common title problems we see, especially on older properties. We track down the right party, get the release recorded, and clear the record so the property can be sold or refinanced.
The seller died and is still on the title. Can we still close?
Not until the title passes from the deceased owner to whoever inherited it. How that is done depends on how the property was held — an affidavit of surviving joint tenant if there was a co-owner, a transfer-on-death acceptance, an affidavit of heirship, or a probate case. Once the title is cleared into the living owners’ names, the sale can close normally.
We handle this constantly. Because we can open and complete a probate case in the same office that clears the title and closes the sale, a deceased owner on the deed does not have to mean the deal falls through — see our page on selling an inherited house.
As a real estate agent, what do I do when a title issue threatens my closing?
Get it in front of someone who can actually fix it, as early as possible. The deals that fall apart are usually the ones where a title problem sat unaddressed while the closing date approached. An attorney-owned title company can cure most defects in-house — a release, a corrective deed, a probate case, or a quiet title action — instead of referring it out and losing time.
Send us the file and we will tell you quickly what the problem is, how it gets fixed, and how long it should take, so you can manage your client and your timeline. The faster a title issue is identified, the better the odds of saving the closing.
Have a Title Problem Threatening a Closing?
Whether you are a homeowner, a buyer, a real estate agent, or a lender, Olson & Reeves can identify the problem, tell you how it gets fixed, and cure it through Mt. Vernon Title Company — then close the deal. The sooner we see it, the better the odds of keeping your closing on track.
Call us today at (618) 316-7322 or fill out the form below.