When you’re preparing to sell your house in Memphis, title issues can be one of the biggest hidden obstacles. A clean property title is essential for a smooth sale, whether you’re listing traditionally or accepting a cash offer.
In Memphis, many properties—especially older homes—come with complicated histories that can lead to title defects. These issues must be resolved before closing, or your sale could face serious delays.
This guide breaks down exactly how to get your property title in Shelby County, the most common problems sellers encounter, how to fix them efficiently, and why cash buyers often make the entire process faster.
What Is a Property Title?
A property title is the legal right to own, use, and sell a property. The title is supported by public records—usually deeds, liens, and judgments—that prove ownership and any existing claims on the property.
When you sell your home, the title must be clear—meaning free from any unresolved liens, ownership disputes, or recording errors. Title companies verify this through a title search before closing.
How to Get a Property Title in Shelby County
In Memphis (Shelby County), property titles are public records. You can request a title search through:
- Shelby County Register of Deeds Office
- https://register.shelby.tn.us
- You can search property records online by owner name, address, or parcel number.
- Title Companies
- Most sellers work with a title company to conduct a full title search. This is the fastest and most accurate way to find liens, judgments, easements, and other encumbrances.
- Real Estate Attorneys
- Attorneys can provide additional legal insight, especially for inherited properties or those with boundary disputes.
Tip: Requesting a title search early—before listing your property—can save weeks of delay later on.
Common Title Problems in Memphis
Memphis has a long history and many older neighborhoods, which often means title complications are more common than in newer suburban markets. Here are some of the most frequent issues:
1. Unreleased Liens
Contractors, lenders, or tax authorities may have filed liens years ago, and even if they’ve been paid off, they may not have been properly released.
Example: A Midtown Memphis homeowner discovered a $12,000 mechanics lien from 1994 that was never cleared in county records. It took three weeks to locate the contractor’s successor and file a release.
2. Judgments or Unpaid Taxes
Judgments from lawsuits or unpaid property taxes can cloud title. These must be paid in full or formally released before the property can transfer.
3. Heirs and Inheritance Disputes
Inherited properties often involve multiple heirs, and if even one person doesn’t sign off, title cannot be transferred. Probate court may be required to settle ownership.
4. Recording Errors
Clerical mistakes, missing signatures, or mismatched legal descriptions in past deeds can cause problems. Shelby County’s older records occasionally contain typos or formatting errors that must be corrected through affidavits or corrective deeds.
5. Boundary or Easement Disputes
Fences built in the wrong place or unclear easement rights can lead to disputes between neighbors. These must be resolved legally before a sale.
How to Fix Title Issues Quickly
Title issues can seem intimidating, but many are fixable with the right help. The key is to identify them early and work with professionals who understand the local process.
Here’s how common issues are resolved in Memphis:
| Problem | Typical Fix | Timeframe |
|---|---|---|
| Unreleased liens | File lien release with county after payoff | 1–3 weeks |
| Tax or judgment liens | Pay balance or negotiate settlement | 1–4 weeks |
| Inheritance issues | Probate court / affidavit of heirship | 4–12+ weeks |
| Recording errors | Corrective deed or affidavit | 1–2 weeks |
| Boundary disputes | Surveys, agreements, legal filings | 2–8 weeks |
Pro Tip: Work with an experienced title company or real estate attorney who regularly handles Shelby County filings. They know how to navigate local systems quickly.
Why Title Issues Delay Closings
In traditional real estate transactions, lenders require a completely clear title before they will fund a loan. If any issue arises during the title search, the lender will not release funds until it’s resolved—often delaying closing by weeks or even causing the deal to collapse.
Buyers can also get nervous when they see liens or unresolved ownership questions on the title report, sometimes backing out altogether.
How Cash Sales Simplify Title Problems
This is where cash buyers can make a big difference. Because cash sales don’t involve lender approval, they often allow for faster resolution and more flexible timing.
Many local buyers—like cash home buyers in memphis—are accustomed to dealing with liens, probate situations, and recording errors. They often work directly with title companies to clear problems and close within days once the title is clean.
Some even advance funds to help clear small liens so that the transaction can proceed without delay.
Title Transfer Process in Memphis
Once title issues are resolved, transferring the title follows these steps:
- Title Company Prepares Settlement Statement – All costs, payoffs, and proceeds are calculated.
- Deed Signing – The seller signs the warranty deed or quitclaim deed transferring ownership.
- Recording with Shelby County – The title company records the new deed with the county.
- Issuing Final Title Policy – The buyer receives a title insurance policy confirming clear title.
- Funding and Disbursement – Proceeds are wired to the seller.
This process can take a few days in straightforward cash transactions or several weeks in more complex financed sales.
FAQs About Title Issues in Memphis
Q1: Can I sell a house with liens on the title?
Yes, but liens must be paid off or cleared at closing. The title company will use sale proceeds to satisfy liens before disbursing funds.
Q2: How long does it take to fix title issues?
Anywhere from a few days to several months, depending on the problem. Liens and errors are faster to fix than inheritance disputes.
Q3: Can I do my own title search?
You can search Shelby County records online, but most sellers prefer professionals for accuracy and speed.
Q4: Do cash buyers skip title checks?
No. Reputable cash buyers always use title companies—they’re just more flexible about timing and funding.
Q5: Should I get title insurance as a seller?
Typically, buyers purchase owner’s title insurance, but sellers may purchase policies in some cases to address defects.
Final Thoughts
Title issues in Memphis don’t have to derail your sale. By understanding how to request a title search, identifying problems early, and working with professionals to resolve liens or errors, you can keep your timeline on track.
While financed sales can stall for weeks due to lender requirements, cash buyers often offer the fastest, most flexible path to closing, even when title problems exist.
The key is to act early—don’t wait for the buyer’s title search to uncover issues. Taking initiative can save you time, money, and stress.
Author Bio
Written by Sarah Thompson, Lead Acquisition Specialist at Your Neighborhood Home Buyers. With 15+ years of experience in Memphis real estate, Sarah specializes in helping sellers resolve title problems and close quickly. Learn more about our team.