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Maravalinc

Someone Filed a Claim on Your Street. Here's What the File Actually Contains

Subject
Title risk and ownership records in residential property transfers, including searches, commitments, policy forms, and claims
Editor
The Maravalinc team
Subject
Title risk and ownership records in residential property transfers, including searches, commitments, policy forms, and claims

A forged signature transfers no interest at all, so a later buyer's recorded deed rests on nothing. Courts treat that differently from a deed signed under pressure, which can sometimes be ratified.

Someone Filed a Claim on Your Street. Here's What the File Actually Contains
Schedule B is the dividing line

Most owners never open the policy again after closing, and that is usually fine, because most claims never arrive. When one does, it rarely announces itself as a title problem. It shows up as a letter from a collection attorney, a neighbor's surveyor driving stakes eighteen inches inside what you thought was your side yard, or a stranger who says her father owned a quarter of the house and never signed anything. What happens next depends less on how upset you are and more on what the jacket and the exceptions page already said.

1. The forged or fraudulently executed deed

A forged deed is void, not merely voidable, which means it conveyed nothing no matter how clean the recording looked. These files usually begin with a relative, an estranged spouse, or a person impersonating an absent owner of a vacant lot. The insurer takes on the defense of the title and, if the forgery holds up, pays the loss rather than leaving the insured to argue with a court. A careful reader checks whether the policy is the current owner's form with its fraud and forgery coverage intact, and whether anyone bought the extra endorsements offered at closing.

2. The lien nobody caught

Missed liens are the ordinary bread of claims work: a contractor's mechanic's lien recorded late, a second mortgage released in the file but never released of record, a federal tax lien indexed under a middle initial that the searcher's name run did not catch. The claim is usually simple to prove and simple to price, because a lien has a face amount. The insurer either pays it, buys a release, or defends the priority fight. What the reader checks is Schedule B, the list of exceptions, because a lien listed there was disclosed and is therefore yours.

3. Boundary lines and the survey exception

Boundary and encroachment disputes are the slowest claims and the most personal, since the other party lives forty feet away. A garage corner sits over the line, a driveway has been used by the neighbor for twenty years, a fence became the practical boundary long before either of you arrived. Whether coverage applies turns on the survey exception, the standard clause removing matters an accurate survey would disclose. Many residential policies delete that exception when a survey is provided, which is exactly the line the careful reader looks for before signing.

4. Easements written and unwritten

Recorded easements appear on Schedule B and are excepted, so a utility strip listed in the commitment is not a claim; it is a disclosure you accepted. The claims come from the unrecorded ones: a prescriptive path the neighbors have used for decades, a shared well line, an access right created by an old subdivision plat that never made it into the chain. Loss here is rarely the whole property. It is the difference in value between the parcel you were insured to own and the burdened parcel you actually own.

5. The heir who never signed

Estates generate quiet defects that surface years later, when a child from a first marriage, a nonprobated will, or an omitted heir under state intestacy law appears with a claim to a fractional interest. The insurer defends and typically buys the interest out, since litigating against an heir is expensive and the arithmetic favors settlement. Duty to defend matters more than the payout in these files, because attorney time runs long before anyone reaches a number, and that defense obligation exists even when the underlying claim eventually fails.

How the money gets counted, and where coverage stops

Loss is measured against the policy amount, which for an owner's policy is generally the purchase price at closing, and against the diminution in value the defect actually caused, not the emotional cost or the market's later appreciation. Coverage stops at matters the insured created, agreed to, or knew about and did not disclose; at governmental police power, meaning zoning and building codes; and at anything sitting on the exceptions page. The Consumer Financial Protection Bureau oversees the closing disclosures where these charges appear, which is a reasonable place to start reading before the file goes quiet.

Notice goes to the underwriter in writing, promptly, with copies of the summons, lien, or letter that started it, and the claim number becomes the only thing worth quoting afterward. Owners who kept the full commitment, the exceptions page, the survey, and the recorded deed in one folder tend to move through that process in weeks rather than months.

Federal and state tax liens are indexed by name, and a middle initial or a maiden name can hide one from a routine run. These misses show up years later when a payoff is ordered.

Name variation searches