When can a claim of unmarketable title be brought forward?

A claim of unmarketable title is typically brought forward at closing. This timing is pertinent because a title must be marketable to facilitate the transfer of property without any encumbrances that would prevent the buyer from taking full ownership. If issues arise regarding the title—such as defects or claims that could affect ownership—the buyer has the right to raise concerns at the time of closing, when the transaction is intended to be finalized.

Bringing a claim forward before closing may limit the seller's ability to resolve title issues and may jeopardize the transaction. If the claim is made after closing, it can complicate matters further, as the buyer may have completed the transaction under the assumption that the title was clear. The assertion that claims can only be made during appeals does not accurately reflect the transaction process, as title concerns must be addressed during the closing negotiation period. This is why the timing of the claim at closing is crucial for both parties involved in the real estate transaction.