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Selling Fast in ClaremontBy Anthony Grynchal8 min read

How Title Issues Slow a Fast Claremont Sale, and How to Spot Them Early

Old loans with no release, liens, unpaid tax and names that cannot sign: how each slows a fast Claremont closing and how to find it first.

A bright living room with white plantation shutters, a light sectional sofa, a coffee table with a red candle and a TV on a wood console, with a white kitchen to the right.

Title issues slow a fast Claremont sale because escrow cannot close until everything recorded against the house is paid, released or signed off: an old loan whose release was never recorded, a lien or judgment, unpaid property tax, or a name on the deed that belongs to someone who has died, divorced or moved away. A buyer's cash does not move any of those. You can spot most of them early, before you sign anything, by reading your own deed, tax bill and loan papers, and by asking escrow for the preliminary title report as soon as it opens. Closing then lands on your date once title is clear, instead of slipping after the fact.

This article is part of our guide to selling fast in Claremont. Title is step 5 of the timeline in our pillar, selling a Claremont house fast: the real timeline, and it is the step where fast sales most often slow down.

What the title search looks at

When escrow opens, a title company searches the public record for the house. The California Department of Insurance describes that search as determining who owns the property, what outstanding debts are against it, and the condition of the title, from records such as deeds, mortgages, wills, divorce decrees, court judgments, tax records, liens and maps. The results come back as a preliminary title report. Everything listed on it that should not survive the sale has to be paid at closing, released, or signed away before the deed records.

None of that depends on who the buyer is. A cash buyer and a financed buyer wait on the same report. What a fast sale can do is find the problems first, while there is still time to fix them before the date you need.

The title items that slow a fast Claremont sale

A paid-off loan that still shows on title

Many Claremont houses have been owned for decades and refinanced more than once. Each old loan was secured by a deed of trust, and each payoff should have been followed by a recorded release, called a reconveyance. When one was never recorded, the old loan still appears on the preliminary report even though nothing is owed. Escrow or the title company then has to chase the old lender, or whoever now holds its records, for the release. How long that takes depends on that lender, not on you or the buyer.

Liens and judgments

A recorded money judgment, a mechanic's lien from a remodel that ended in a dispute, or a city code lien attaches to the house and shows on the report. Each must be paid from the proceeds or released before closing. If you dispute one, that is a question for an attorney, and it can hold the sale until it is resolved. See our explainers on mechanics liens and judgment liens, code liens and title, and disputed liens and a sale.

Unpaid property tax

Los Angeles County bills secured property tax in two installments: the first due November 1 and delinquent after December 10, the second due February 1 and delinquent after April 10, with a 10 percent penalty on a late installment. Unpaid tax and penalties show on the title report and are paid from the proceeds at closing. That is routine when the amount is known; it slows things only when nobody looked until escrow.

A name on the deed that cannot sign

This is the most common slow item on long-held Claremont houses.

  • A parent who has died. If the house was in a trust, the successor trustee usually signs, with the trust paperwork escrow asks for; see what escrow asks the trustee for. If it was not, someone needs legal authority to sell. The California Courts self-help guide notes that, depending on the amount and type of property, an estate may or may not need to go to court, and that it may need probate even if there was a will. That question belongs with a probate attorney; our article on a deceased parent's house still in their name describes the paths.
  • A former spouse. A divorce decree may award the house, but the deed may still show both names. Escrow will want either that person's signature or the recorded paperwork that removes them, which is a question for the family-law attorney.
  • Siblings or co-owners. Everyone on title signs, including the one who lives in another state. Remote signing can be arranged; agreement cannot.

Association items on South Claremont condos

Townhomes and condominiums south of the 10 come with association documents, and unpaid dues can become a recorded lien. Ask the association for your account status at the start, not at the end.

How to spot them early, before you sign

You can do most of this in an afternoon with papers you already have.

CheckWhere to lookWhat would slow the saleFound?

Who is on the deed, and how

Your grant deed or trust transfer deed

A name that cannot sign today

-

Every loan ever recorded

Old closing papers and refinance files

A paid-off loan with no release on record

-

Current loan balances

A payoff statement from each lender

A second loan or line of credit you had forgotten

-

Property tax status

Your Los Angeles County tax bill

A delinquent installment or penalty

-

Liens or court papers

Letters, notices, judgments you have received

A recorded lien or judgment

-

HOA account

The association's statement

Unpaid dues or a recorded assessment lien

-

For payoff statements, see how to request payoff statements. If you want to look at the public record yourself, note how the Los Angeles County Registrar-Recorder files it: property records are indexed by grantor name, grantee name and year of recording, not by street address, and the department states its property records are not accessible online. The Recorder also notes that clearing a recorded lien means filing a release of lien with its office, which is why a paid lien can still show until someone records that release.

Reading the preliminary report when it arrives

The preliminary report lists the owners of record and then the exceptions: loans, liens, easements and recorded restrictions. The loans and liens are what matter for a fast sale; easements and recorded restrictions are often items that stay with the house, and the title officer can say which ones matter. Mark each money item as "paying at closing", "already paid, needs a release" or "I do not recognize this", and send that list to escrow the same day. For a full line-by-line guide to the report from the listing side, see Mr. Claremont, the site of Anthony Grynchal, a licensed California agent in Claremont, on reading a Claremont preliminary title report.

Who pays to fix it, and what it does to the two numbers

Payoffs, tax and valid liens come out of the seller's proceeds, so they appear on the net line of either route. The California Department of Insurance notes that in Southern California the seller customarily pays the title insurance premium, paid once, at the close of escrow. The as-is cash offer and the open-market read in your written report both show these lines, so a title item changes both nets by the same amount.

What a title issue changes is the timing argument. A cash sale's main advantage is fewer steps before closing. If title will take months to clear whichever route you choose, that advantage shrinks, and the open market is more likely to net more: you can list while the title work runs, and a financed buyer's escrow may end up no longer than the title work itself. Our comparison of a fast sale and a fast listing shows how to weigh that with your own figures.

What this looks like in practice

These are the kinds of files that come in, described without names or figures.

  • A North Claremont house refinanced several times, where one old loan's release was never recorded and escrow had to reach the successor of a lender that no longer existed under its old name.
  • A Village bungalow still in a late parent's name, with no trust, where the family's attorney decided the path to authority before any date was set.
  • A South Claremont condo with a dues balance the owner had not seen, cleared from the proceeds once the association sent the figure.

Next step

If you have a date and want to know whether title is likely to be the slow step, start at the sell your house fast page or call (909) 498-3977. We are based in Claremont; the neighborhoods are described on the Claremont area page. Title and legal questions go to the title company, escrow or an attorney. There is no cost and no obligation to get the two numbers and the written report.

Sources

Mr. Cali Offers is not a law firm or a title company. Cash offers come from independent buyers and investors who buy for their own account and may resell for profit; a cash offer is generally below what the open market would bring. Any value shown is a preliminary estimate, not an appraisal. Nothing here is legal, tax or financial advice.

Frequently asked questions

What title issues can delay the sale of a Claremont house?

The usual ones are a paid-off loan whose release was never recorded, a recorded lien or judgment, unpaid property tax, unpaid HOA dues, and a name on the deed belonging to someone who has died, divorced or cannot be reached. Each must be paid, released or signed off before escrow can close, whoever the buyer is.

Does a cash buyer make title problems go away?

No. A cash buyer removes the loan approval and the lender's appraisal, not the title work. Escrow still needs a clear preliminary title report, payoff statements for every loan and signatures from everyone on title, so a title problem slows a cash sale and a listing by the same amount.

Can I search Los Angeles County records for liens on my house by address?

Not directly. The Los Angeles County Registrar-Recorder indexes property records by grantor name, grantee name and year of recording, and states that its property records are not accessible online. Escrow's preliminary title report is usually the faster way to see what is recorded.

When should I ask for the preliminary title report?

As soon as escrow opens, and read it the day it arrives. Mark each loan or lien as paying at closing, already paid and needing a release, or not recognized, and send that list to escrow. Legal questions about a lien or a name on title go to an attorney.

Written by

Anthony Grynchal

Anthony Grynchal is a California real estate salesperson with eXp Realty, licensed since November 2009 (CA DRE #01873626), and the owner of Mr. Cali Offers.

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Anthony Grynchal

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