7 Title Problems That Can Delay Your Texas Real Estate Closing
- Delilah Walter
- Jul 8
- 3 min read
Buying or selling real estate is exciting, but even after negotiating the contract and completing inspections, unexpected title problems can delay—or even prevent—a successful closing.
Many title issues are discovered during the title company's review, often catching buyers and sellers by surprise. Fortunately, many of these problems can be identified and addressed before closing if you understand what to look for.
Here are seven common title problems that can affect Texas real estate transactions.
1. Unreleased Liens
One of the most common title issues involves liens that were never properly released after being paid. These may include mortgages, tax liens, judgment liens, or mechanic's liens.
Even if the debt has been satisfied, an unreleased lien can create a cloud on the title that must often be resolved before closing.
2. Errors in Deeds
Mistakes in prior deeds can create significant ownership questions.
Examples include:
Incorrect legal descriptions
Misspelled names
Missing signatures
Incorrect property information
Improper execution
Sometimes these issues can be corrected with additional documentation. In other cases, they may require more extensive legal action.
3. Problems Revealed by the Title Commitment
A title commitment identifies matters affecting ownership of the property before a title insurance policy is issued.
It may reveal:
Easements
Restrictions
Liens
Ownership concerns
Recording issues
Understanding the title commitment before closing helps buyers avoid unexpected surprises.
4. Boundary or Survey Issues
Property surveys sometimes reveal problems that were previously unknown.
Examples include:
Fence encroachments
Shared driveways
Boundary discrepancies
Structures crossing property lines
Easement conflicts
These issues may delay closing while the parties determine how they will be resolved.
Related guides:
5. Probate or Inherited Property Issues
Real estate inherited through an estate may involve unresolved ownership questions.
If probate has not been completed or title has not been properly transferred, buyers and title companies may require additional documentation before closing.
Depending on the circumstances, an Affidavit of Heirship or probate proceeding may be necessary.
Related guide: Affidavit of Heirship in Texas.
6. Ownership Disputes
Occasionally, another individual claims an ownership interest in the property.
These disputes may involve:
Family members
Prior owners
Business partners
Recording errors
Resolving competing ownership claims may require additional investigation or legal action.
Learn more: Quiet Title Actions in Texas.
7. Choosing the Wrong Type of Deed
Not every property transfer uses the same type of deed.
Using an inappropriate deed or misunderstanding the warranties provided can create future title concerns.
Buyers and sellers should understand the differences between:
General Warranty Deeds
Special Warranty Deeds
Other deed types used in Texas
Selecting the appropriate deed helps reduce the risk of future ownership disputes.
How to Reduce the Risk of Closing Delays
Although not every title issue can be avoided, buyers and sellers can reduce the likelihood of delays by:
Reviewing the title commitment carefully.
Obtaining or reviewing a current property survey.
Addressing title issues early.
Confirming ownership before listing or purchasing property.
Working with experienced real estate professionals.
Consulting a Texas real estate attorney when questions arise.
Identifying potential problems before closing often provides more options for resolving them efficiently.
When to Contact a Texas Real Estate Attorney About Closing Title Problems?
When should you contact a Texas real estate attorney about closing title problems? If you discover title issues during a transaction, it may be beneficial to seek legal guidance before closing.
An attorney can help evaluate ownership issues, review deeds and title documents, explain legal options, and assist in resolving disputes that could otherwise delay or prevent the transaction from closing.
Final Thoughts
Most Texas real estate closings proceed without major problems. However, when title issues arise, addressing them early can save time, money, and frustration.
Understanding the most common title problems—and knowing where to find reliable information—can help buyers, sellers, and investors move through the closing process with greater confidence.
If you have questions about title issues, deeds, inherited property, boundary disputes, or other real estate matters, the attorneys at Walter Law, PLLC are here to help.
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