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So, I'm being sued.....
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moshquerade
No Lifer
that's bullshit. sue the title company for doing a crappy job.
I'm not an attorney, but I have some experience in the real-estate business.
I could be wrong on this, but...
If the lean was on the house before you bought it, then the title company should be held liable. Good thing you have title insurance.
Also, as part of the closing, the seller should have signed paperwork stating that they did not have any mechanics leans on the property, as a matter of fact, there's usually something that specifically asks if any work has been done on the house (typically the seller has to clearly acknowledge that any work HAS been fully paid).
If the seller signed something like this, then they committed fraud.
If I were you, I'd contact an attorney ASAP. You probably can force the title comapany and/or the seller to pay any legal fees you encounter as well.
I could be wrong on this, but...
If the lean was on the house before you bought it, then the title company should be held liable. Good thing you have title insurance.
Also, as part of the closing, the seller should have signed paperwork stating that they did not have any mechanics leans on the property, as a matter of fact, there's usually something that specifically asks if any work has been done on the house (typically the seller has to clearly acknowledge that any work HAS been fully paid).
If the seller signed something like this, then they committed fraud.
If I were you, I'd contact an attorney ASAP. You probably can force the title comapany and/or the seller to pay any legal fees you encounter as well.
bunker
Lifer
Family friend is an attorney so no costs to me there 🙂.
Just talked to the builder. Apparently he fired this contractor because they were doing a piss poor job and they didn't feel they were paid enough for what they actually completed.
This sub contractor was working on two different homes of his and had filed liens (is that better allisolm 😉) on both the houses. The contractor thought he paid both of them but only paid the one on the other house, he said he is taking care of it as we speak.
Just talked to the builder. Apparently he fired this contractor because they were doing a piss poor job and they didn't feel they were paid enough for what they actually completed.
This sub contractor was working on two different homes of his and had filed liens (is that better allisolm 😉) on both the houses. The contractor thought he paid both of them but only paid the one on the other house, he said he is taking care of it as we speak.
blakeatwork
Diamond Member
I'd be kicking the lawyer who cleared the title for you in the ass.. bet this makes the title insurance seem a good investment...
Oh well, forward any and all charges to the title Company, and make them bloody well pay...
OutHouse
Lifer
Title insurance isnt going to do sh*t for you. they will claim no responsibilty for missing the lein. your only course of action now is to pay the lein then sue the former owners for the money.
Tom Martino gets calls like this all the time and that is what he tells them.
sorry dude. that really sucks.
Tom Martino gets calls like this all the time and that is what he tells them.
sorry dude. that really sucks.
ggavinmoss
Diamond Member
Wow, somebody stepping up and taking responsibility!? WTF? In this day and age??
-geoff
Obviously, it's for profit. You wouldn't expect an insurance company to not make a profit? It's the nature of insurance that most people are going to give more money than they claim. However, it's a small price to pay IMO for some peace of mind, especially when we are talking about your house.
JulesMaximus
No Lifer
That sucks ass.
Actually the extended policy will cover you for silent liens. I am a title examiner and if the lien is not recorded with the county or filed in the clerk of courts office I don't think any examiner would be able to find it. I believe this would be the responsibility of the parties who actually had notice of the lien to resove.
I think for the title company will only be held liable is the lien was properly recorded/filed. If it was not then you can argue that it was not 'attached' to your property correctly when you purchased the house.
It seems you built the house, new subdivisions can be a pain in the a$$ since you have to determine if the particular lot number comes out of particular acreage and if any mortgage or lien on that acreage apply to the specific lot. Usually I look for blanket liens or mortgages and a subsequent partial release for my particular lot.
good luck with the lien.
DevilsAdvocate
Banned
I practice a little real estate law. I can't really give you any advice, since I'm not licensed in MI, but it sounds like you may have a cause of action against the title company for a negligent search. It is possible that the lien was recorded after the sale.
A quick consult with a lawyer should clear things up nicely. 🙂
A quick consult with a lawyer should clear things up nicely. 🙂
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