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Started By
Message
Attorney missed liens in title search
Posted on 7/12/24 at 2:22 pm
Posted on 7/12/24 at 2:22 pm
I own some land and am in the process of getting a construction loan to build on it. Title search came back with multiple liens against a previous owner (not the person I bought it from but the previous owner). The person I bought it from got a warranty deed when they closed which shows free and clear title. Now the lawyer I went through is showing multiple liens on the property.
My LO was saying we may have to go after the original attorney that did the title work but he wasn't sure.
Does anyone know what this process will look like? Supposed to have a conf call next week with my attorney and loan officer to sort things out but just trying to think through things ahead of time.
My LO was saying we may have to go after the original attorney that did the title work but he wasn't sure.
Does anyone know what this process will look like? Supposed to have a conf call next week with my attorney and loan officer to sort things out but just trying to think through things ahead of time.
6
Posted on 7/12/24 at 2:41 pm to Random MsState Fan
Do you have a title insurance policy?
Posted on 7/12/24 at 2:57 pm to Random MsState Fan
quote:
Does anyone know what this process will look like?
I honestly don’t know. What State is this in?
This post was edited on 7/12/24 at 2:58 pm
Posted on 7/12/24 at 2:58 pm to soccerfüt
MS
Posted on 7/12/24 at 2:58 pm to Ham Malone
Nope...
Posted on 7/12/24 at 2:59 pm to Random MsState Fan
Before you go tossing bombs, make sure the debt is actually outstanding and not just old liens that a prior lazy title company failed to clear. Doubtful a loan from two owners ago is still unpaid.
Posted on 7/12/24 at 3:04 pm to soccerfüt
<——Not a lawyer
It sounds like you’ll be OK (personally), you’ve got two entities between you and the liens.
Might take a while to unravel, civil matters can be that way.
It sounds like you’ll be OK (personally), you’ve got two entities between you and the liens.
Might take a while to unravel, civil matters can be that way.
Posted on 7/12/24 at 3:06 pm to Random MsState Fan
Get a new lawyer and sue your old one for malpractice. He should’ve made sure the seller paid for the policy out of their proceeds and then you’d be able to make a claim in this scenario.
Posted on 7/12/24 at 3:25 pm to Ham Malone
Here's where the messy situation gets even more messy....
I bought the land from a friend (I know, I know)... Well actually I bought half the land. We split it into two parcels and he still owns the other one. Our transaction was private sale. No attorneys. BUT When he bought it from the OG last December, they did things the right way
So I think we will be covered legally. I am just trying to get this cleared so I can start building.
I bought the land from a friend (I know, I know)... Well actually I bought half the land. We split it into two parcels and he still owns the other one. Our transaction was private sale. No attorneys. BUT When he bought it from the OG last December, they did things the right way
So I think we will be covered legally. I am just trying to get this cleared so I can start building.
Posted on 7/12/24 at 3:31 pm to Random MsState Fan
People on here make fun of title insurance all the time but this is the exact situation that covers it. You can try to go to original attorney but good luck getting them to do much without filing suit.
Posted on 7/12/24 at 3:35 pm to Random MsState Fan
What is the value of the lien?
Posted on 7/12/24 at 4:42 pm to CalcuttaTigah
Like 30k in credit judgements. Alsoy repprt came back that another person had an interest in the property
Posted on 7/12/24 at 6:08 pm to Random MsState Fan
quote:
Here's where the messy situation gets even more messy....
I bought the land from a friend (I know, I know)
It's possible you may have to sue your friend so he can third party in the attorney who made the mistake. I'm not a MS lawyer, but I can see standing issues if you try to sue his lawyer directly (as you had no business with the attorney directly).
You need to speak to a MS attorney who does RE litigation (not just title opinions) .
This post was edited on 7/12/24 at 6:09 pm
Posted on 7/12/24 at 6:30 pm to Random MsState Fan
No title insurance? Come on, man.
Posted on 7/12/24 at 6:35 pm to Random MsState Fan
That is why you should always get title insurance. If you have it, you are covered. If not., good luck.
ETA some other thoughts -
How old are the judgments?
In Louisiana they expire in 10 years unless reinscribed.
I don't think you can go after the attorney for one of your ancestors in title, but if you bought the property with a warranty deed, I would look to the people who sold it to you and tell them that they warranted to you in the act that the title was good. And it wasn't.
ETA some other thoughts -
How old are the judgments?
In Louisiana they expire in 10 years unless reinscribed.
I don't think you can go after the attorney for one of your ancestors in title, but if you bought the property with a warranty deed, I would look to the people who sold it to you and tell them that they warranted to you in the act that the title was good. And it wasn't.
This post was edited on 7/12/24 at 7:23 pm
Posted on 7/12/24 at 6:38 pm to SlowFlowPro
Well the good thing about it is the friend still owns the other half of the land. So he does still have an interest in the property.
Either way. This is about to be one big headache
Either way. This is about to be one big headache
This post was edited on 7/12/24 at 6:39 pm
Posted on 7/12/24 at 6:42 pm to Random MsState Fan
quote:
This is about to be one big very, very expensive headache
FIFY
Posted on 7/12/24 at 8:15 pm to TheOcean
The lien is likely the least of your worries. Someone else having interest in the property is a much bigger issue. I hope your friend purchased Title Insurance or y’all are screwed.
Posted on 7/12/24 at 8:29 pm to Random MsState Fan
What state and how old are the liens? They're probably expired if suit wasn't timely filed to enforce the lien. If that's the case, it's a easy fix.
Posted on 7/13/24 at 6:23 am to Random MsState Fan
I hope this is a nothing burger.
But if it’s not, I hope you keep us updated as this has the ingredients for a complete mess
But if it’s not, I hope you keep us updated as this has the ingredients for a complete mess
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