What Are Common Title Issues That Can Delay or Prevent Closing in New Jersey?

Real estate closings in New Jersey often run smoothly, but sometimes hidden issues in the property’s title can stall or even scuttle the deal altogether. As your legal partner in Old Bridge and throughout the surrounding New Jersey communities, Philip E. Miller P.C. is ready to help identify and resolve title defects before they derail your closing.

What Is a “Clear Title” and Why It Matters

Before closing, the seller must deliver clear and marketable title, meaning the buyer should receive ownership free from undisclosed claims, liens, or ownership gaps. If a title search or title commitment reveals defects, those must typically be cured prior to, or as a condition of, closing.

If unresolved, title problems may give the buyer a legal right to cancel, delay funding, or refuse to close. Below are some of the most frequent title issues we see in New Jersey transactions.

Unpaid Liens and Judgments

One of the most common title issues involves liens or judgments against the seller that remain recorded against the property. These may include:

• Unpaid mortgages that weren’t properly discharged
• Judgments from lawsuits (which automatically attach as liens)
• Municipal or tax liens
• Mechanic’s or contractor liens from unpaid work

Until these are satisfied or properly released, the title is encumbered and cannot be conveyed undisputed.

Missing or Defective Deeds, Gaps in the Chain of Title

Sometimes prior transfers (sales, inheritances, divorces) were recorded with errors or omitted altogether. If a deed is missing or was improperly recorded, the chain of ownership becomes murky. A title search may reveal discrepancies in names, incomplete documentation, or “orphaned” parcels. In those cases, a quiet title action or corrective deed must sometimes be filed to resolve the defect.

Unknown or Undisclosed Easements & Encroachments

Easements or rights-of-way granted to third parties (such as utility, ingress/egress, or neighbor cross-access) can limit your use and enjoyment of the property. Sometimes they were never disclosed or recorded properly. Encroachments (e.g. a fence, shed, driveway on your lot) may also appear when a survey is done, forcing negotiation or adjustment.

Survey Discrepancies & Boundary Disputes

A new survey often reveals boundary line issues, overlaps, or mislocated structures. Many lenders or title insurers require a survey endorsement or updated survey, and if the report shows problems you may need to resolve them before closing.

Title Company Exceptions & Conditions in the Commitment

Even if the title search looks generally clean, the title commitment may include exceptions or requirements (e.g. prior unrecorded liens, missing releases, missing documentation) that must be satisfied. Your attorney will review and negotiate with the seller’s side to meet those conditions.

How a Real Estate Attorney Can Help in Old Bridge & Surrounding NJ Areas

As your dedicated real estate attorney in Old Bridge, Philip E. Miller P.C. reviews the title commitment, assesses all exceptions, advises on necessary cures, negotiates with opposing counsel or creditors, and helps guide any court or recording work needed. With local experience across Old Bridge, and surrounding cities, his team understands the regional quirks of title practice in New Jersey.

If you’re preparing for a real estate closing, whether in Old Bridge or elsewhere in New Jersey, don’t let a hidden title issue ruin your deal. Contact Philip E. Miller P.C. today to schedule a title review consultation and protect your investment every step of the way.