What Is a Title Curative Action?
A title curative action is a step taken to fix a defect or "cloud" on a property's title so that title becomes marketable. When a title search reveals a problem — a missing signature, an old unreleased lien, an error in a recorded document, or a gap in the ownership chain — curative work resolves it so the property can be sold, mortgaged, and insured.
Common Curative Steps
- Obtaining and recording a corrective or confirmatory deed
- Securing a release or satisfaction of a paid-off mortgage or lien
- Recording affidavits to explain gaps, identity issues, or possession
- Filing a quiet title action when a defect cannot be cleared by agreement
Curative Work in Florida
Florida closings depend on delivering marketable title, so curative work is a routine part of preparing for closing. Many defects are cleared cooperatively; a stubborn cloud — a disputed claim, an unknown heir, or a defective old conveyance — may require a court's help through a quiet title action. Florida's Marketable Record Title Act also extinguishes certain ancient claims, which can simplify curing old defects. Title insurance then protects against covered problems that remain.
Related Terms
- Unmarketable Title — The condition curative action fixes
- Title Insurance — Protects against remaining defects
- Chain of Title — Where many defects appear
Barnes Walker Real Estate
Barnes Walker's real estate attorneys and title team clear title defects and bring quiet title actions across Southwest Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC