Legal & Development

Understanding Title Insurance and Property Liens in Michigan

By Dave Manley · August 24, 2025

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You sign the last page, the title company hands you the keys, and the house is yours. That is the part everyone pictures. What almost nobody pictures is the quiet work in the weeks before, where someone pulled the property's recorded history apart looking for a debt, a missing signature, or a forgotten claim that could have made that house only partly yours. A property carries its whole past with it, and title insurance and a lien search exist so that history stays the previous owner's problem instead of quietly becoming yours. Here is how title works in Michigan, what tends to go wrong, and how to keep the only surprises after closing good ones.

What "title" really means

Title is your legal right to own and use a property, which is not the same as the deed, the document that transfers that right. When you buy, you step into a chain of ownership that may stretch back a century, and you inherit whatever is attached to it: prior transfers, mortgages, easements that let a utility or neighbor cross the land, and deed restrictions that limit what you can build. Think of the title as the property's family tree and the search as its background check. No lender will fund a loan, and no careful buyer should close, until that history is clean.

What the title search is hunting for

A title examiner works backward through the public record at the county register of deeds, hunting for anything that interferes with clean ownership. The usual suspects are unpaid property taxes, a mortgage that was paid off but never formally released, construction liens from contractors who were never paid, judgment liens from a court case against a prior owner, and gaps or errors in how the property passed through an estate. Forged signatures and misrecorded documents turn up more often than people expect, especially on older parcels and properties that moved through probate. The value is concrete: an old claim found before closing is the seller's to clear, but the same claim missed follows the property to the new owner.

How liens actually behave

A lien is a legal claim against a property for an unpaid debt. It does not freeze a sale on its own, but in almost every case it has to be cleared before ownership transfers cleanly. The common types in Michigan are tax liens from the state or federal government, construction liens from contractors and suppliers, judgment liens that attach after someone loses a lawsuit, and the mortgage liens lenders record on a loan.

The phrase to remember is that liens "run with the land." The claim is attached to the property, not just the person who ran up the debt, so buy a house without clearing what is recorded against it and you can inherit a stranger's obligation, secured by your new home. This is exactly why a cash buyer is not automatically safe: no lender means no one else is forcing the check, which makes the search and the owner's policy more important, not less.

How title insurance protects you

Title insurance is unusual: most policies cover something that might happen in the future, but this one covers a defect that already exists in the record and has not been discovered yet. You pay a single premium once, at closing, and it comes in two forms. A lender's policy protects the bank's interest up to the loan balance, and your lender will require it. An owner's policy protects you and your equity, and it is optional, which is exactly why it gets skipped. That is usually a mistake, because the lender's policy does nothing for you personally. If a hidden heir, an old forged deed, or a missed lien surfaces years later, an owner's policy is what defends your ownership or makes you whole. In Michigan it commonly runs in the range of half a percent to one percent of the purchase price, with the premium set on a published rate schedule, so ask your title company for the exact figure.

The title commitment is your preview, so read it

Before closing you will receive a document called the title commitment, the title company's promise to issue a policy once the deal closes. It is the most useful page in the file, because it tells you what the search found before you are committed: the legal owner of record, the existing liens and easements, and the exceptions, the specific things the policy will not cover.

Those exceptions are where the real information lives: an easement across the back of the lot, a restriction that limits a future addition, a survey gap. This is your window to ask questions and require fixes before you sign, not your record of problems you discover afterward. Read it alongside your REALTOR(R), who can help you understand the document and flag what looks off, and lean on an attorney for the legal weight of an exception or a disputed claim.

Clearing problems before the table

When the search turns something up, the path is usually more routine than it sounds. The title company coordinates most of it: outstanding balances get a payoff statement, the debt is paid at or before closing, and the release is recorded so the record reflects the truth. Judgments, estate holds, and probate tangles work the same way. When ownership itself is genuinely in dispute, the tool is a quiet-title action that asks a judge to settle who owns the property, which is attorney territory.

Michigan also has a backstop in the law. The Marketable Record Title Act (MCL 565.101 and following) is designed to clear away stale, forgotten interests so they do not cloud a title forever. In general terms, an unbroken chain of record title for forty years can extinguish many older claims that were never preserved by a recorded notice. It is not a magic eraser, and certain interests still have to be discharged regardless of age, but it is part of why most Michigan titles come back clean. The Act has been amended in recent years, so how it applies to a specific claim is a question for an attorney.

The bottom line

A clean title is the foundation everything else sits on. The inspection tells you about the roof and the furnace; the title work tells you whether the house is truly free to become yours, with no one else's history quietly attached. For a one-time cost, an owner's policy turns that unknown risk into something you do not have to worry about. If you are buying, selling, or investing in West Michigan, I am glad to read the commitment with you, flag the exceptions worth asking about, and point you to title companies and attorneys who do the careful version of the work. Get the history right up front, and the only surprises left after closing are the good ones.

Dave Manley
Dave Manley
REALTOR(R) · Legacy Real Estate Partners

Honest guidance for buyers and sellers across West Michigan. Thinking about a move, or just have a question? Reach out, no pressure.

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