Title Clearing

Clarifying the title clearing process

With regard to real estate matters, an individual property owner cannot sell or transfer his or her own property unless and until it has a clear title to that property—meaning no mortgages, liens, executions, etc.

In the process of collecting condominium assessment liens against unit owners, sometimes we are required to foreclose on a unit owner’s unit. Once this foreclosure occurs, steps must be taken in order to clear the title for its eventual sale to another person or entity. Case law and statutory law require a title-clearing action for a person that has purchased a condominium at a foreclosure sale to receive a good title.