Buying a home in Wisconsin is an exciting milestone, especially in thriving areas like Waukesha and Milwaukee counties. But amid the inspections, offers, and financing, many buyers overlook one critical piece of the puzzle: a clean, marketable title. Title issues can derail closings, cause legal headaches, or even cost you your new home.
At Simple Title, we specialize in title and closing services across southeast Wisconsin, and we’ve seen firsthand how common—but avoidable—title problems can impact buyers. In this post, we’ll break down the top five title issues Wisconsin homebuyers face, and more importantly, how to avoid them with confidence.
1. Unpaid Liens on the Property
What it is: A lien is a legal claim against the property for unpaid debts—such as back taxes, contractor bills, or utility charges. When a lien exists, the property technically can’t be sold or transferred without resolving the debt.
Why it matters: If you unknowingly purchase a property with a lien, you could become responsible for paying it off—even though the debt isn’t yours.
Common in Waukesha and Milwaukee Counties? Yes. Older properties, distressed homes, or those sold through estate transactions can often carry hidden liens.
How to avoid it: Always insist on a full title search conducted by a reputable title company. At Simple Title, we perform detailed lien searches and resolve any outstanding debts before closing. Title insurance also provides protection if a hidden lien surfaces after purchase.
2. Boundary and Survey Disputes
What it is: Discrepancies between legal property lines and physical structures—like fences, garages, or driveways—can lead to costly disputes with neighbors.
Why it matters: You could buy a home only to discover a part of the garage encroaches onto someone else’s land, or that a neighbor’s fence is on your property.
How to avoid it: Consider requesting a current land survey, especially if you’re buying a home with older boundary markers or in tightly spaced subdivisions common in parts of Milwaukee. Your title company can help coordinate this during the closing process.
3. Unreleased Prior Mortgages
What it is: Sometimes a prior owner’s mortgage was paid off, but the mortgage release was never officially recorded with the county. That outdated mortgage may still show up in the title search.
Why it matters: It can create confusion and delay your closing, and it may require legal action to remove the outdated lien.
How to avoid it: Work with a local title company that thoroughly examines and clears title history. In Waukesha County, we often work directly with lenders and register of deeds offices to track down missing documentation and get everything properly recorded.
4. Missing Heirs or Ownership Claims
What it is: If a property was inherited or passed through multiple generations, there could be missing heirs or individuals with legal claims to the home that were never resolved.
Why it matters: These claims can surface after the sale, putting your ownership in jeopardy.
How to avoid it: This is especially important in estate sales or when buying from a trust. Title insurance is essential, and so is a title company that performs exhaustive background checks on ownership history. We specialize in handling complex title chains and ensuring no surprises come back to haunt you.
5. Errors in Public Records
What it is: Clerical mistakes, incorrect legal descriptions, or misspelled names in recorded documents can lead to clouded titles or delays in closing.
Why it matters: Even small errors can cause big headaches when it’s time to sell, refinance, or transfer the property later on.
How to avoid it: An experienced title company in Milwaukee will verify all public records for accuracy and correct any errors before closing. In Milwaukee and Waukesha counties, our team routinely works with local offices to correct recording mistakes and make sure everything is in perfect order.
How to Protect Yourself: Smart Steps for Wisconsin Buyers
Always work with a trusted, local title company. National chains don’t always understand the nuances of local real estate. A local provider like Simple Title knows exactly how to navigate the recording systems in Milwaukee and Waukesha counties.
Buy title insurance. It’s a one-time fee that protects you from financial loss due to title defects—even those that aren’t discovered until after the purchase.
Ask questions. A good title company in Wisconsin will walk you through the entire process. If something doesn’t make sense, speak up! Our team is here to help you understand every step of your transaction.
Partner with your real estate agent and title company early. Don’t wait until the closing table. Get your title search started early in the buying process to avoid surprises later on.
Final Thoughts
Title issues might not be the most glamorous part of buying a home, but they’re among the most important. Whether you’re purchasing your first home in Waukesha or investing in a multi-family property in Milwaukee, protecting your title is protecting your future.
At Simple Title, we help Wisconsin buyers close with confidence. We’re local. We’re experienced. And we’re here to make your homeownership journey safe and smooth.
Ready to close with confidence? Contact us today for a free consultation or title quote.
