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Alabama Attorney Resolves Client’s Title Defect and Avoids Potential of Costly Litigation

George Gaston of the firm’s Mobile office resolved a client mortgage lender’s title defect without the necessity of filing potentially drawn-out and costly litigation.  The matter regarded two defective deeds in the borrower’s chain of title, both of which failed to reference the grantors’ marital status or whether the real property at issue was the grantors’ homestead.  Under Alabama law, these omissions effectively called the borrower’s ownership of the property into question and potentially prevented our client’s mortgage from attaching as a lien against the property.  In less than one month’s time, our Alabama office was able to avoid the necessity of filing a title curative lawsuit by obtaining cooperation and affidavits from relatives of the previous property owners. When recorded in the land records, these affidavits established the information missing from the two defective deeds and, thus, resolved the client’s title defect.