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What is A Title Curative Process?

Codilis & Associates

· Title Curative
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Codilis & Associates is a Chicago area law firm that provides foreclosure-related legal services that meet the needs of investors and banks, as well as private sellers and buyers. Their range of offerings extends to title curative work, or engagements that center on issues of defective titles, which can affect residential or commercial real estate. Unless resolved by a firm such as Codilis and Associates, title issues may slow or halt development projects.

Title curative services constitute a number of related processes designed to remedy erroneous and ambiguous real estate instruments and documents. Such processes verify that the property’s actual use and possession is consistent with that stated in the recorded title. Examples of title curative actions include amending land descriptions to match jurisdiction regulations; merger documentation by the right company executives for the preparation of a chain title; and inheritance documentation to show enough intent to support the transfer of a title to a new beneficiary.

Traditionally, the process of correcting titles used documents known as scrivener’s affidavits, which amended minor issues or unclear language. Over the decades, the affidavit came to include situations where information needed to be added to a title that was not present in the original document. Since 2018, with the passage of House Bill 584, the term scrivener’s affidavit has changed to corrective notice. Undertaken by a licensed real estate attorney, the process of fixing real estate titles that contain description errors is undertaken through what are now called corrective notices.