real estate “title” issues?

Category : Real Estate
real estate “title” issues?by Roxy-Publishingon.real estate “title” issues?Question by dollady: real estate “title” issues? I have lived in the same house for 29 years (bought it new with 1st husband), have had several mortgages on it (2nd husband) and now the property is back in my name. in 01 a mortgage was taken out, in 02, a second was taken .. in […]

Question by dollady: real estate “title” issues?
I have lived in the same house for 29 years (bought it new with 1st husband), have had several mortgages on it (2nd husband) and now the property is back in my name. in 01 a mortgage was taken out, in 02, a second was taken .. in 03 they were consolidated..and the bank never removed the leins from 01 and 02 (they also NEVER recorded the mortgage in 03…collected taxes and fees…)..now I am being faced with leins showing on my title..from 01 and 02 (title insurance was purchased in 03 AND in 05)….cannot sell…am being damaged financially at this time…do I have cause for a law suit? I could LOSE my home due to this error….any recourse?

Best answer:

Answer by glenn
Go to title company that issued the title insurance in 2005. They are “on the hook” already. It should not be a problem getting bank to remove paid off loans- that is a very common problem and is solved all the time. It is much more common to have a tough to solve problem because of divorce. If the papers were not done just right they could be legal but not insurable and the ex husband would have to sign something.

If the title company can not clear up paid liens then that would be the first time I have ever seen it in 31 years or real estate.

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One Response

  1. daeve930January 31, 2014 at 2:58 am

    You said there was title insurance on the ’03 consolidation and again in ’05? If so, they should fix this. Did they send you releases that you didn’t record? You should have copies of all releases, and provide them to the title company.

    So then the second question I have is, was the lender collecting escrow for taxes and insurance as part of the payments? If so, they should have paid the insurance, or notified you why they didn’t. Your closing docs show indicate if escrow was included or not, and your monthly statement should have show that too.

    I don’t know about a lawsuit. Anyone can file a lawsuit. Who knows if you’ll win…but it’s expensive, time-consuming and a big pain in the butt do try.