How much does title curative work cost in El Paso?

We quote a flat fee for each curative document, such as a correction deed, affidavit of heirship or release of lien, plus El Paso County recording fees. A single-defect file is inexpensive; a chain with several deceased owners and many heirs costs more because more documents and signatures are needed. You get the full quote after we review the commitment, before any work begins.

How long does it take to clear a title in Texas?

A simple correction deed or release can be drafted, signed and recorded in one to two weeks. Files that require signatures from multiple heirs, especially relatives in Juárez or out of state, usually take four to six weeks. If the title company will only accept a court order, a determination of heirship in El Paso probate court adds several months, which we discuss before choosing that route.

My parents died without a will and the house is still in their name. Can I sell it?

Often yes, without probate. An affidavit of heirship recorded with the El Paso County Clerk, signed by two disinterested witnesses, plus a deed from all of the heirs to the buyer, satisfies many El Paso title companies. If any heir has died, is a minor, or refuses to sign, or if there is a will, the path changes, and we tell you which one applies before you list the property.

What is a correction deed in Texas?

A correction instrument under Texas Property Code Sections 5.027 through 5.031 fixes an error in a previously recorded deed. Nonmaterial errors, such as a misspelled name or a typo in the lot number, can be corrected by a person with knowledge of the facts. Material changes, such as adding land or changing the parties, require a correction deed signed by everyone who signed the original. It relates back to the original recording date.

Do I have to go to court to fix my title?

For most defects, no. Correction deeds, affidavits of heirship, releases of lien and identity affidavits are prepared in our office and recorded with the El Paso County Clerk without any court involvement. Court is needed only when heirs cannot be identified or will not cooperate, or when a title company requires a judicial determination of heirship or a quiet title judgment, and we explain that separately if it applies.

Title Curative Lawyer El Paso

Title Curative in El Paso — Clear the Defects Blocking Your Sale or Refinance

When the title company says the property cannot close, we fix the problem: correction deeds, affidavits of heirship, releases of paid-off liens, missing signatures, wrong legal descriptions and unrecorded deeds on El Paso County property — flat fee, no court.

Last reviewed by Robert Andrew Navar, Esq. · State Bar of Texas

Title curative work is the process of finding and fixing defects in the chain of ownership so that a property can be sold, refinanced, insured or passed to heirs. In El Paso County, where land has been in the same families for generations and many transfers happened by handshake, informal contrato or a deed that was never recorded, clouded title is extremely common. The problem usually surfaces at the worst moment: a buyer is under contract, the title company issues its commitment, and Schedule C lists requirements nobody can satisfy because a grandparent who died in 1985 is still the owner of record, or a lien paid off years ago was never released.

The tools come from several Texas codes. Texas Property Code Sections 5.027 through 5.031 authorize correction instruments for both nonmaterial errors, such as a typo in a legal description, and material corrections signed by all parties. Texas Estates Code Chapter 203 governs affidavits of heirship, which after five years of record become prima facie evidence of who inherited from a person who died without probate, and Chapter 114 governs transfer on death deeds and their cancellation. Property Code Chapter 13 controls recording and the effect of unrecorded instruments, and Chapter 12 sets acknowledgment requirements. Releases of lien, partial releases, and affidavits of identity or non-production are drafted to satisfy the specific title company underwriting requirements listed in the commitment.

We start with the title commitment or a search of the El Paso County Clerk records, identify each defect, and map the shortest lawful path to clear it, whether that is a correction deed, an affidavit of heirship signed by two disinterested witnesses, a release from the old lender, a deed from a missing co-owner, or a cancellation of an old contract for deed. We locate and coordinate signatures from heirs in El Paso, Juárez and elsewhere, record everything with the El Paso County Clerk, and work directly with the title company examiner until the requirement is cleared. No court appearance is involved in curative documents. When a defect genuinely requires a court order, such as a determination of heirship or a suit to quiet title, we tell you up front and explain that path separately.

Common title defects on El Paso County property

The deceased owner still on title, with no will probated and no affidavit of heirship on record. A deed that describes the wrong lot, block or subdivision, or uses a street address instead of a legal description. A spouse who did not join in the conveyance of a homestead. A deed signed by only some of the heirs. A paid-off mortgage, tax lien, judgment or mechanic's lien that was never released of record. An old contract for deed or option that still shows as a cloud. A deed to or from a business entity that had been forfeited. A name discrepancy, such as a deed in to Maria Garcia and a deed out from Maria G. Lopez, that needs an affidavit of identity.

Affidavit of heirship vs. probate: which one clears your title

When the owner of record died without a will and the family has simply lived on or paid taxes on the property, an affidavit of heirship under Estates Code Chapter 203, signed by two witnesses who knew the family but do not inherit, is often enough for an El Paso title company to close, especially when it has been on record for several years or the underwriter accepts it with a supporting deed from all heirs. When there is a will, a muniment of title probate may be needed. When heirs disagree, are unknown, or a lender insists, a judicial determination of heirship is required. We assess which route the specific title examiner will accept before you spend money on the wrong one.

What's included

Review of the title commitment, Schedule C requirements and El Paso County Clerk records
Written curative plan listing each defect and the document that clears it
Drafting of correction deeds, affidavits of heirship, identity or non-production, and releases of lien
Coordination of signatures from heirs and former owners, including in Ciudad Juárez
Notarization and e-recording with the El Paso County Clerk
Direct communication with the title company examiner until the requirement is cleared

How it works

Diagnose the defect

Send us the title commitment or the property address. We pull the chain of title from the El Paso County Clerk, identify every cloud, and quote a flat fee per curative document.

Draft and gather signatures

We prepare the correction deed, affidavit or release, confirm the wording with the title examiner, and coordinate notarized signatures from heirs, ex-spouses or lenders wherever they are.

Record and clear

We record the documents with the El Paso County Clerk, deliver file-stamped copies to the title company, and confirm the Schedule C requirement is removed so your closing can proceed.