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Hello
When I bought a house they said I had a clean title and my mortagage
company paid property taxes in first year and in second year I
refinanced. I rec'd property tax bills and I saw one mre person name
in the bill. when I checked with title company they said that person
is father of the seller and he is dead and they are trying to clear. I
followed up and finally they said that "all done". now it is almeda
county has to record that information. when I checked iwth county
office somebody said it will take 6 more months to get in to their
database if at all it was changed. after 3 years still I saw the same
stuff and because of that I couldn't sell my house. Finally, one good
lady in county office asked me to to tell title company that I will be
calling insurance commissioner. after I told them, things started
moving very fast and now the lawyer is following up with court.
Eventhough one can hope that it will be settled, it gave me a lot of
mental stress and I lost the freedom of selling my home at appropriate
time in which case I would have got more value than if I sell today.
Should I sue this fellas?I am not greedy and I am not going to ask for
lot's of money. But they can't cheat a innocent new homebuyer and they
should learn a lesson.
Thanks a Lot
-SrinivasanBala
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On 17 Mar 2004 16:29:10 -0800 Balaji <srinivasanbala@netscape.net> whittled these words:
When I bought a house they said I had a clean title and my mortagage
company paid property taxes in first year and in second year I
refinanced. I rec'd property tax bills and I saw one mre person name
in the bill. when I checked with title company they said that person
is father of the seller and he is dead and they are trying to clear. I
followed up and finally they said that "all done". now it is almeda
county has to record that information. when I checked iwth county
office somebody said it will take 6 more months to get in to their
database if at all it was changed. after 3 years still I saw the same
stuff and because of that I couldn't sell my house. Finally, one good
lady in county office asked me to to tell title company that I will be
calling insurance commissioner. after I told them, things started
moving very fast and now the lawyer is following up with court.
It is possible that the title company could face some liability. To learn
this you will need an attorney who can help you set out very clearly each
step that occurred, the time passing between steps, every letter you
wrote, responses you got and more. These are things that you should not
discuss in a public newsgroup. When you look for an attorney look for one
experienced in title insurance law.
--
Diane Blackman
http://dog-play.com/
http://dog-play.com/shop2.html
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When I bought a house they said I had a clean title and my mortagage
company paid property taxes in first year and in second year I
refinanced. I rec'd property tax bills and I saw one mre person name
in the bill. when I checked with title company they said that person
is father of the seller and he is dead and they are trying to clear. I
followed up and finally they said that "all done". now it is almeda
county has to record that information. when I checked iwth county
office somebody said it will take 6 more months to get in to their
database if at all it was changed. after 3 years still I saw the same
stuff and because of that I couldn't sell my house. Finally, one good
lady in county office asked me to to tell title company that I will be
calling insurance commissioner. after I told them, things started
moving very fast and now the lawyer is following up with court.
Eventhough one can hope that it will be settled, it gave me a lot of
mental stress and I lost the freedom of selling my home at appropriate
time in which case I would have got more value than if I sell today.
Should I sue this fellas?I am not greedy and I am not going to ask for
lot's of money. But they can't cheat a innocent new homebuyer and they
should learn a lesson.
I don't think you have much chance of winning a lawsuit. The reason is that
you contributed to your own problem. You had title insurance, discovered a
problem, and didn't file a claim. That would have been the simple and
obvious response to any insured problem. The title insurance company would
have had 30 days to answer, and would have had the problem solved long
before now.
If you go to an attorney to handle a lawsuit in this matter, you won't find
one willing to take it on a contingency basis, I don't think. I don't think
an insurance bad faith claim works if you haven't filed a claim. I'm not
sure about that, and you can try. But if it's not a contingency case, you
would be crazy to pay hourly rates to pursue it when you had some hand in
contributing to your stress and your inability to sell the house.
McGyver
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Thanks!. But I wouldn't have bought this if it is known. Also, It is
obvious that this title/agents people knew what is going on and hide
it.
filing claim doesn't arise because even after I followed it up only
after I told the title company people that I am going to insurance
commissioner a VP from that insurance company called me.The same
didn't happen when I have been "talking" to them for a year or 2.
Moreover, the seller disappeared.
-Bala
"McGyver" <Greyprof@msn.com> wrote in message news:<c3cre1$26a42n$1@ID-75195.news.uni-berlin.de>...
I don't think you have much chance of winning a lawsuit. The reason is that
you contributed to your own problem. You had title insurance, discovered a
problem, and didn't file a claim. That would have been the simple and
obvious response to any insured problem. The title insurance company would
have had 30 days to answer, and would have had the problem solved long
before now.
If you go to an attorney to handle a lawsuit in this matter, you won't find
one willing to take it on a contingency basis, I don't think. I don't think
an insurance bad faith claim works if you haven't filed a claim. I'm not
sure about that, and you can try. But if it's not a contingency case, you
would be crazy to pay hourly rates to pursue it when you had some hand in
contributing to your stress and your inability to sell the house.
McGyver
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Thanks!. But I wouldn't have bought this if it is known. Also, It is
obvious that this title/agents people knew what is going on and hide
it.
If you think you have a cause of action against the title company for
failure to properly search the title and report to you before the sale
closed, go for it. See an attorney about filing the suit. But guess what?
The first thing the attorney will tell you is "Lets file a claim with the
title company."
filing claim doesn't arise because even after I followed it up only
after I told the title company people that I am going to insurance
commissioner a VP from that insurance company called me.The same
didn't happen when I have been "talking" to them for a year or 2.
That's my point. Instead of following up, and instead of talking to them
for a year or two, you should have, on the first day you discovered the
title problem, written a letter to them entitled "Claim." I don't know what
you mean by "filing claim doesn't arise."
Moreover, the seller disappeared.
You don't need the seller. It doesn't matter if anyone ever finds the
seller. There is nothing the seller can do to correct the title. The title
insurance policy guarantees clear title except for the items listed in the
title report. If title is not clear, that's the basis for an insurance
claim. If the cost to you is a court action to clear title, then the title
company will do that, or reimburse you if you did it yourself. That would
have been done two years ago if you had filed a claim.
McGyver
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"McGyver" <Greyprof@msn.com> wrote in
news:c3dfev$27g7a6$1@ID-75195.news.uni-berlin.de:
If you think you have a cause of action against the title company for
failure to properly search the title and report to you before the sale
closed, go for it. See an attorney about filing the suit. But guess
what? The first thing the attorney will tell you is "Lets file a claim
with the title company."
The title insurance you pay for when you purchase a house covers the
mortgage company against a default on the mortgage caused by a claim
against the title, not the owner. The homeowner would have to purchase a
second title policy to protect himself. Lacking that, the only option would
be to file suit against the title company.
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