Escrow & Title

In New Mexico, a 'preliminary title report' is issued by the title company before closing. If a title defect is found, the typical remedy is to:

AProceed with closing and hope the defect clears itself
BCorrect or eliminate the defect before closing — by obtaining releases, quitclaim deeds, court orders, or other curative instruments✓ Correct
CCancel the transaction automatically
DFile a claim against the title company

Explanation

Title defects found in the preliminary report must be cured before closing. Curative measures include obtaining releases from lienholders, quitclaim deeds from potential claimants, court orders (quiet title actions), or corrective deeds — depending on the nature of the defect.

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