Liability of Title Company

Liability of Title Company

nilepeters@hotmail.com	12/11/2004 6:28:50 PM
A title company acted as escrow agents in managing disbursements from a construction loan. The homeowner had a contract with the lender (bank) but not the title company. The title company failed to obtain lien waivers prior to disbursing funds. Several subcontractors who were beneficiaries of the loan disbursements were not paid and filed liens against the property. The builder is now bankrupt. What recourse does the homeowner have against the title company - negligence ?, breach of fiduciary duty? Any feedback would be appreciated. In state of Michigan.



nilepeters@hotmail.com	12/14/2004 3:28:02 AM
until quite recently in human history most people got along very nicely with no other entertainment than that which each local community created for itself.) Without the entertainment industry the system probably would not have been able to get away with putting as much stress-producing pressure on us as it does. 157. Assuming that industrial society survives, it is likely that technology will eventually acquire something approaching complete control over human behavior. It has been established beyond any rational doubt that human thought and behavior have a largely biological basis. As experimenters have demonstrated, feelings such as hunger, pleasure, anger and fear can be turned on and off by electrical stimulation of appropriate parts of the brain. Memories can be destroyed by damaging parts of the brain or they can be brought to the surface by electrical stimulation. Hallucinations can be induced or moods changed by drugs. There may or may not be an immaterial human soul, but if there is one it clearly is less powerful that the biological mechanisms of human behavior. For if that were not the case then researchers would not be able so easily to manipulate human feelings and behavior with drugs and electrical currents. 158. It presumably would be impractical for all people to have electrodes inserted in their heads so that they could be controlled by the authorities. But the fact that human thoughts and feelings are so open to biological intervention shows that the problem of controlling human



"James Alexander"	12/14/2004 9:22:34 AM
nilepeters@hotmail.com wrote: A title company acted as escrow agents in managing disbursements from a construction loan. The homeowner had a contract with the lender (bank) but not the title company. The title company failed to obtain lien waivers prior to disbursing funds. Several subcontractors who were beneficiaries of the loan disbursements were not paid and filed liens against the property. The builder is now bankrupt. What recourse does the homeowner have against the title company - negligence ?, breach of fiduciary duty? Any feedback would be appreciated. In state of Michigan. First of all, someone has a contract with the title company. Who it is and what the terms are need to be investigated immediately. You should consult a lawyer as soon as possible. Secon, Michigan has a special immunity from subcontractors' liens for homeowners who have paid the general contractor. You should consult a lawyer as soon as possible. Third, the builder's bankruptcy probably does not matter a great deal because under Michigan law the funds paid to a general contractor for the work of subcontractors are held in trust by the general -- so the funds were not the builder's to spend, and the debt probably cannot be discharged in bankruptcy. You should consult a lawyer as soon as possible. If you tell me where you are, I'll try to refer you to a local lawyer who can help.

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