Escrow & Title
A NH closing attorney who discovers a cloud on title (unresolved title issue) should:
AClose anyway and note the issue in closing documents
BRequire resolution of the title issue before closing or withhold the title opinion/commitment✓ Correct
COnly disclose it to the buyer, not the lender
DReport it to the NHREC
Explanation
A cloud on title must be resolved before or at closing to ensure the buyer receives marketable title. A closing attorney or title insurer should not close a transaction with unresolved title issues unless satisfied with how they are addressed.
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