When you find items reflected on the certificate of title that you cannot obtain a release for, what are your options?
There are different options to remedy this situation. You can bring a court action (called a Proceeding Subsequent action) to have a court determine whether this can be removed from your Certificate of Title. An attorney should be engaged if a Proceeding Subsequent is necessary. If it’s a minor interest or it’s fairly obvious that the document doesn’t affect title to the land, you may be able to contact the Examiner of Titles directly and obtain an Examiner’s Directive instructing the registrar to delete the item from the Certificate of Title.
An Examiner’s Directive is a written instruction from the County’s Examiner of Titles to the Registrar of Titles to change or delete something from the Certificate of Title. To request an Examiner’s Directive, the fee owner or owner’s representative should sign an affidavit requesting the change and submit supporting documentation. Contact the Examiner’s office prior to requesting the Examiner’s Directive to determine if there is a charge.
Old Mortgage Documents
You may be able to obtain an Examiner’s Directive to have an old mortgage document deleted from the Certificate of Title. Except for a mortgage granted to the U.S. or one of its agencies, a mortgage expires 15 years from the expiration date on the mortgage. If there is no expiration date, the mortgage expires 15 years from the date of the mortgage.
Easements & Declarations
Over time, the land may have been subdivided and so this particular easement may no longer affect our particular parcel. It may affect another parcel that at one time was part of a larger parcel of land but it remains on the Certificate of Title. In this case, we would recommend contacting the Examiner of Titles to determine whether or not this item can be deleted from the Certificate of Title.