A title defect is anything that can cause a title to be considered invalid or defective in some way. Some examples are:

• Invalid documents due to forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation.

• Failure of any person or entity to have authorized a transfer or conveyance.

• A document affecting title that is not properly executed, signed, witnessed, notarized, or delivered.

• Undisclosed or unrecorded easements not otherwise apparent on your land.

• No right of access to and from the land.

• A document executed under a falsified, expired, or otherwise invalid power of attorney.

• A document not properly filed, recorded, or indexed in the public records.

• Ownership claims by undisclosed or missing heirs.

• Defect arising from an improper prior foreclosure.

• Undisclosed restrictive covenants affecting your property.

Lien issues can also cause title defects. Some examples of lien issues are:

• Any statutory or constitutional contractor’s, mechanic’s, or materialman’s lien for labor or materials that began on or before the policy date. Talk to an attorney about your rights.

• Lien for labor or materials furnished by a contractor without your consent.

• A previous owner failed to pay

o a mortgage or deed of trust

o a judgment, tax, or special assessment

o a charge by a homeowners or condominium association.

• Other liens or claims that may exist against your title that are not listed in the policy.

In Utah, a title defect refers to any issue that compromises the validity or legality of a property title. Common defects include forgery, fraud, undue influence, incompetency, and improper execution of documents. Issues with notarization, witnessing, or delivery of documents can also lead to defects, as can undisclosed easements, lack of access rights, or use of an invalid power of attorney. Additionally, if documents are not correctly filed, recorded, or indexed in public records, this can result in a title defect. Claims by missing heirs or issues arising from an improper foreclosure can also affect title validity. Liens, such as those from contractors, mechanics, or materialmen, or from unpaid mortgages, judgments, taxes, or association charges by previous owners, can create title defects as well. It is important to address any potential title defects as they can affect ownership rights and property value. In Utah, individuals facing title defects should consult with an attorney to understand their rights and remedies under state and federal law.