If you’ve discovered a title issue while trying to sell in Maryland, you’re probably feeling blindsided: Why didn’t anyone tell me sooner? How long will this delay my closing? Who pays for fixes—and what if the buyer walks? You’re not alone. Title defects—from old liens to missing heirs—are more common than most sellers realize, and they tend to appear at the worst possible moment: right before closing. You came here for clarity and a path to the finish line that doesn’t drain your time, money, or sanity.
This guide breaks down what title problems are, the most common defects, how to diagnose them fast, curative options (lawyer + title company), realistic timelines and costs, and when it’s smarter to sell as‑is for cash to Simple Homebuyers so we handle the heavy lifting with our title partners. Throughout, we link to neutral resources so you can verify the process and terminology yourself.
Not legal or tax advice. For plain‑English explainers on closing, title insurance, and what to expect at settlement, review the CFPB’s guide to closing and title insurance. For background on what title insurance covers and common curative steps, see the American Land Title Association’s consumer resources. For Maryland‑specific recording/transfer references, preview fee schedules via Maryland Courts — Recording & Transfer Fees; your title company’s settlement statement remains definitive.
Title 101: what it is (and why buyers care)
Title is your legal right to own and transfer the property. To close, buyers and their lenders require a clear, insurable title—meaning the public records show an unbroken chain of ownership with no unresolved claims or clouds (liens, judgments, unreleased deeds of trust, boundary disputes, etc.). A title search examines deeds, mortgages, liens, easements, plats, and court records; the title commitment lists anything that must be cleared before the title insurer will issue a policy.
Why it matters to your net: Lingering title defects trigger closing delays, buyer cancellations, and price chips. Proactive discovery and clean‑up protect your timeline and your bottom line.
Common title problems sellers face in Maryland
- Unreleased mortgages / deeds of trust
Old loans paid off but never properly released; missing satisfaction documents or recording errors. - Tax liens
Local/state/federal liens for unpaid property or income taxes. The IRS and states typically require payoff at closing; some may offer discharge or subordination paths depending on equity. - Mechanic’s / contractor liens
Filed for unpaid work or disputed invoices; often require a lien waiver, negotiated payoff, or court action. - Judgments & child support liens
Personal judgments attach to real property; must be satisfied or released before conveying clear title. - HOA/condo liens & violations
Unpaid assessments, fines, or compliance violations; require payoff and/or cure. - Boundary disputes, encroachments, or easement issues
Fences or sheds over the line; missing access easements; may need surveys, boundary line agreements, or easement grants. - Heir/estate/probate complications
Missing heirs, intestate estates, outdated personal representative authority, or unreleased rights of survivorship. May require probate, affidavits of heirship, or a quiet title action. - Divorce or marital rights
Unsigned releases or outstanding court orders; both spouses or ex‑spouses may need to sign. - Bankruptcy
Open or recent cases can cloud the right to convey; trustee and court approvals may be required. - Recording errors / name confusion
Human error in legal descriptions, misspellings, or mistaken identity for common names; curable via corrective deeds or affidavits.
Want a neutral overview of what title insurance covers and why curative work is sometimes needed? The ALTA consumer library is a helpful starting point.
Fast diagnosis: how to find problems early (and cheaply)
- Order a preliminary title search before listing or accepting offers. Ask for an O&E report (ownership & encumbrance) or a full title commitment from a reputable Maryland title company.
- Pull payoff statements for every open mortgage/HELOC—even if you believe it was paid off—so the title team can match loan numbers to recorded instruments.
- Collect documents: prior owner’s policy, settlement statement (CD/HUD‑1), lien releases, permits/COs, HOA estoppel letters, divorce decrees, probate letters, bankruptcy dismissals/discharges, and contractor lien waivers.
- Name check variations. If you have a common name, provide your middle name/initial, prior addresses, and any aka’s to help the title examiner separate you from unrelated judgments.
- Boundary clarity: if anything looks tight or new fences/sheds appeared, consider a location drawing or spot survey early.
Pro tip: buyers gain confidence when they see you’ve already opened title and started curative steps. It signals fewer surprises.
Curative playbook: how specific issues get resolved (with realistic notes)
Unreleased mortgages:
Title company requests satisfactions from the lender/servicer or prepares lost note affidavits supported by prior settlement statements. Expect 1–4 weeks depending on the lender’s responsiveness.
Tax liens (local/state/federal):
Obtain payoff letters dated through the target closing. Federal IRS liens can be paid at closing with proceeds; in low‑equity situations, attorneys may seek a certificate of discharge or subordination. See the IRS process overview in IRS Publication 594 (collections). Timelines vary 2–6+ weeks.
Mechanic’s liens:
Negotiate a release for payment at closing or challenge validity if work wasn’t performed/recorded properly. In some cases, an attorney can bond off or litigate; plan anywhere from days to months depending on cooperation.
Judgments & support liens:
Title coordinates with the court/agency for payoff and release. If identity mismatch, provide affidavits and proof to clear.
HOA/condo issues:
Order the resale package/estoppel early; cure violations (trash cans, paint, fences) and pay arrears. Some associations need 7–14 business days or longer.
Boundary/easements:
Secure a boundary line agreement with the neighbor, record an easement, or adjust improvements. Surveyor + attorney involvement likely; timelines vary.
Heirs/estates:
Confirm authority (letters of administration), clear small‑estate procedures, or pursue quiet title if ownership is disputed. For a Maryland‑focused primer on quiet title conceptually, see the People’s Law Library of Maryland on Quiet Title. Expect weeks to many months depending on complexity.
Divorce/marital rights:
Record required releases/orders; ensure the correct parties sign the deed and closing docs.
Recording errors:
Use corrective deeds or scrivener’s affidavits to fix legal descriptions and typographical errors; usually quick once parties sign.
Time and money: realistic ranges (so you can plan your net)
Every case is unique, but sellers ask for ballparks:
- Title search & commitment: often handled by the title company as part of closing; if ordered stand‑alone, a basic O&E can run modestly.
- Attorney curative work: simple corrective documents may be a few hundred dollars; contested matters (quiet title, litigation) can run into the thousands.
- Lien/judgment payoffs: principal + interest + fees per creditor payoff letter.
- Surveys: location drawings are typically lower cost; boundary surveys higher depending on lot complexity.
- Holding costs while curing: mortgage, taxes, insurance, utilities—often the biggest hidden expense.
Direct cash exception with Simple Homebuyers: In a direct sale, we structure closing to coordinate curative work with our title partners, you avoid open‑market carrying costs, pay no commissions, and we cover standard seller closing costs. You pick the date once title is clear; in many cases we can advance the process by opening title immediately.
Neutral reference for closing/title concepts and what title insurance is meant to protect: CFPB on title insurance and ALTA consumer resources.
Should you list or sell direct when there’s a title problem?
List on the MLS when:
- The defect is minor (e.g., a routine unreleased lien with a cooperative creditor) and you have time to cure.
- The home is retail‑ready, and you want maximum exposure once title is cleared.
- You’re comfortable fielding showings and inspection/appraisal friction.
Sell direct to Simple Homebuyers when:
- The defect is messy (multiple liens, probate, heir disputes, divorce/bankruptcy overlays) and you want one counterparty to quarterback title.
- You need speed/certainty and want to avoid carrying costs during a long cure.
- The property needs repairs/clean‑out in addition to title work.
Illustrative net‑to‑net example:
- MLS path after cure
Contract price: $350,000
Commission (5.5%): −$19,250
Seller closing costs: −$4,200
Two months carrying during cure: −$3,100
Buyer inspection credits: −$4,000
Estimated net: ~$319,450 - Direct as‑is sale to Simple Homebuyers
Cash offer: $325,000
Commissions paid by seller: $0
Seller‑paid closing costs: $0
Carrying during cure: minimal (we move in sync with title)
Estimated net: $325,000
Your numbers will vary, but once time and friction are priced in, the direct path often matches or beats the MLS net—with far less stress.
Step‑by‑step plan to sell a house with title problems in Maryland
- Open title immediately. Choose a responsive title company; ask for a point person and weekly updates. We can open title for you within 24 hours of contact.
- Inventory documents. Gather prior policies, settlement statements, loan numbers, payoffs, HOA info, court papers. Share them securely with title.
- Decide your path early. Listing vs. direct sale. If direct, we’ll draft a straightforward contract with clear timelines and no repair obligations.
- Start curative work. Title requests releases, payoffs, affidavits; lawyers handle probate/quiet title if needed.
- Coordinate payoffs. Approve final payoff statements; ensure prorations (taxes/HOA) are correct; resolve last‑minute utility liens.
- Schedule closing. Pick a date; sign remotely or in person; proceeds disbursed after recording.
Special situations (and practical fixes)
Inherited houses (probate):
Confirm who has authority to sell (personal representative). If multiple heirs, align expectations early. In some cases, we acquire the property subject to probate timelines and coordinate with your attorney to close when the court allows.
Divorce:
Ensure your agreement/decree authorizes the sale and outlines proceeds. We routinely coordinate with both parties and their counsel; our offers can be structured to accommodate negotiated splits and timing.
Pre‑foreclosure / tax sale risk:
Time is critical. Opening title and contracting quickly protects equity and halts last‑minute surprises. Review foreclosure timelines and homeowner protections at the CFPB’s foreclosure resources.
Boundary disputes:
We can help secure boundary line agreements or minor adjustments with neighbors to satisfy title; sometimes a title company endorsement combined with an agreement resolves lender concerns.
Bankruptcy:
Coordinate with your bankruptcy attorney. We can structure a court‑approved sale and wire proceeds pursuant to the plan.
Internal resources (contextual, topic‑relevant)
- Considering an as‑is exit while you sort title? Read our process: how we buy houses.
- If your title issue overlaps foreclosure risk, see: sell my house during foreclosure.
- Dealing with an estate along with title concerns? Overview here: selling a house in probate.
- Want a broader path that skips repairs and showings? Start here: sell your house as‑is in Maryland.
(We rotate internal links to diversify relevance and avoid repetition across your content cluster.)
FAQs about selling with title problems in Maryland
Will buyers even make offers if there’s a title issue?
Yes—if they trust it can be cured. Pre‑open title and show evidence of active curative work to keep buyers engaged. Or sell to us as‑is and skip buyer delays entirely.
How long will clearing title take?
Simple releases: 1–3 weeks; complex heir/quiet‑title matters: months. We’ll give you a timeline after the title commitment lands.
Who pays to clear title?
Customary seller costs include lien payoffs and documents needed to convey clear title. In a direct sale to Simple Homebuyers, you pay no commissions and no seller‑side closing costs; curative expenses are handled through the settlement statement and negotiated in our transparent offer.
Can I sell if a lien exceeds my equity?
Potentially—through negotiated payoffs, short sales, or partial releases. We’ll review options with the title attorney.
Do I have to repair the house, too?
No. With us, you can leave repairs and clean‑out to our team. We buy as‑is and time closing around title clearance.
Final word: choose the path that protects your time, money, and sanity
Title problems feel scary because they’re invisible until they stall your sale. But with the right plan—and the right team—you can move forward confidently. Open title now, gather documents, and decide whether a traditional listing after cure or a direct as‑is cash sale to Simple Homebuyers better serves your timeline and net.
Want to see your options side‑by‑side? We’ll show you the math upfront—no pressure, no obligation—and quarterback title to the finish line.
Call Simple Homebuyers at (240) 776-2887 or start here: how we buy houses. If you need a fast, hassle‑free path, we’re ready to buy your house in Maryland as‑is, title problems and all.