Question Submitted 12/3/2013

I refinance my in 2008 I had no lenders title insurance as shown in the HUD-1 what does this mean I have two quite title lawsuits from the bank who refinance my home. Is the lien valid on my home and why is my owners title company not helping me with this two lawsuits for quite tile? please help me or advice me I have seek legal advice and they have never seen a bank issue a loan without title insurance specially sold the loan to investors without title insurance.

BBB's Answer:

I am not sure where you go from here. I would contact an attorney who specializes in title insurance and ask for guidance. 

Question Submitted 12/5/2013

My title company moved and lost all my files they were suppose to submit & complete real property conversion but never did.now after being in our new home for 8 months the county is after us for personal property taxes because our title co. Never did the conversion.I had to break down & pay the personal property taxes & penalties.Since the title co. Lost all documents & certificates & will not even anser our phone calls to try & resolve this my husband and I have been trying our best to get all the documents that the tile co. Lost so we can get this conversion done.they lost all,original certificates so it has been very difficult.where do I go from here? The title co. Got paid to do this conversion when we went threw escrow. We have most of what's needed but the title co. Put everything down wrong on the paperwork nothing matches,so we hav to find a way to get all the paper work filled out & notarized with the rite info. We are frustrated,confused we cannot believe that a title co. Can get away with this .....where should we go from here?it has been 8 months & our escrow officer will not even anser the phone to us.

BBB's Answer:

You may consider contacting an attorney who specializes in this just to get some general direction.

Question Submitted 12/16/2013

I owed a house with my husband. The divorce stated that the husband would convey his interest in the real estate to the wife and she will be responsible for the mortgage and operating expenses at the home. I would have 18 months to refinance the property so as to remove the husbands name from the mortgage, or if I could afford it I would put the property up for sale and the proceeds would be split. My husband passed away 13 months after our divorce. I went and refinanced requesting his name to be removed. Apparently a title search was never done and my husband's name remains on the title. I refinanced three other times after and no one every caught the mistake. My house was up for sale, the buyers were to close and two days prior (after I moved all my stuff out of the home)I was informed that there was an issue with my title. No one wants to take the blame for the mistake and it was suggested that I correct the title which because I have children I would need to hire a probate lawyer which could cost anywhere between $3000-$7000. Why should I have to correct this error and why want the first company who took my info and refinanced be liable to correct this form me?

BBB's Answer:

I would contact an attorney who specializes in title insurance and ask for some direction. You can also contact the Lawyer Referral Service for assistance at http://www.bostonbarlawyer.org/

Question Submitted 12/29/2013

I went to sell my house this year and found out that a bad power of attorney was used in a prior sale of the home. The person who granted the power of attorney has since been diagnosed with dementia and therefore can not consent to a corrected power of attorney. I did not have an owner's title insurance policy. The power of attorney that was used specifically stated that the person did not have authority to sell or convey real estate. At this point is my only option to file a law suit against the closing attorney for negligence? Or will the bank try to correct this with the Lender's title insurance policy? I have been told by the bank that they can not do anything since I didn't have an owner's title insurance policy but I do not want to simply foreclose on the home. What are my options?

BBB's Answer:

I would contact an attorney that specializes in title insurance and get some legal advice on how to proceed. 

Comment Submitted 1/2/2014

I received a GFE from my lender indicating that Title Services & Lenders Ins coverage will cost $965.00 for a condo that only cost 89,000. Isn't that a very high rate when the norm for Lenders is Appx $2.50 per thousand and for Owner it's $3.50 per thousand. Could the $615 be for a filing fee??????? I think I'm getting ripped off!

Question Submitted 1/14/2014

We purchased our home about three years ago (an estate sale), and all of the documentation stated that the home had public water and sewer. Our property tax also includes solid waste charge. The official plat did not show a septic tank or drain field. We just learned that we are in fact on septic (at a huge expense to us). The septic system should have been inspected and certified prior to sale iaw county legislation. Is this scenario something typically covered by title insurance?

BBB's Answer:

This is definitely a question for an attorney. I would contact the attorney that assisted at closing or if you did not use an attorney then I would contact one that specializes in real estate. 

Comment Submitted 1/30/2014

I am purchasing a cabin from my parents. I will not have a mortgage, and they are selling it at somewhat beneath market rate (with the remainder as a gift). I assume I should get owner's title insurance, but will not need lender's insurance. I have a couple of questions: 1. Do I need to pay someone to do a title search before I can get title insurance? Does this person need to be a lawyer? 2. Can I get title insurance directly rather than through a lawyer or other entity? (this will be in the state of Vermont). 3. Do I need the insurance to cover the entire value of the property, rather than the purchase price and if so, how do I go about this?

Question Submitted 1/30/2014

I have a question. My husband and I tried to refinance our house, but the mortgage company denied our application due to tittle incurable. What can we do about this?

BBB's Answer:

I would definitely contact an attorney who specializes in title insurance for assistance. 

Question Submitted 2/8/2014

I am purchasing a cabin from my parents. I will not have a mortgage, and they are selling it at somewhat beneath market rate (with the remainder as a gift). I assume I should get owner's title insurance, but will not need lender's insurance. I have a couple of questions: 1. Do I need to pay someone to do a title search before I can get title insurance? Does this person need to be a lawyer? 2. Can I get title insurance directly rather than through a lawyer or other entity? (this will be in the state of Vermont). 3. Do I need the insurance to cover the entire value of the property, rather than the purchase price and if so, how do I go about this?

BBB's Answer:

This article may help you:
http://www.homeclosing101.org/whyneed.cfm

Question Submitted 2/8/2014

I was a lender in Prescott Az to build homes with a Co. We escrow with ******* ***** ******. The home was in escrow in 2007, but we did not sign off with a Deed of Release as our partner that owns the land we built the home on to sell, told us in June 2007 that the home did not sell. He then made monthly checks to us as agreed on the money we put into the home 8.% a month on $100,000.00. Then in 2012 I wanted to try to sell home, but I live in CA. So I called the property tax office to get information on the home to sell, I was told It sold in June 2007. Then was foreclosed on in 2010 then resold. How can that Happen. I then ran a Title Search and saw that it sold with a Bank loan and I never signed off. I show on title also. I have done 3 title Searches' and all show I never signed off. The underwriter was ***** ******** *****. AZ has a 6yrs on Deeds of Trust to claim or fall off. (I was told this.) So 2012 was 5th yr. I claimed with ***** ******** ***** ****** two claims both Denied, as I was scammed by our partner. First ******** ***** has done not one thing to pay me or help. In fact after the home was foreclosed on by *** the new owners where issued another policy with First ******** ***** ******. All searches show me on the title. ***** ******** ***** is not doing a Search. ******* ***** issued the warranty Deed in early 2007. and we also have Extended Lenders Title Policy on this home We built the home. ******* ***** that I have an extended Lenders Policy with from 2006 is also not doing one thing. Says I must have signed off but the Release was lost. I need to know now what to do. I tried to foreclose and ***** ******** had the new owner sue me. Just now getting attorneys I need advice as I never was Paid off. Lied to and all the title Co. involved are just trying to say that I do show on a Search, but they will not help me. *** did foreclose with another Co in AZ which I believe they are responsible also in this mess. They did not do a search either. This home was not released when they issued the check at Escrow in 2007 and the underwriter ***** ******** has more power to control the error they made. Will *** ******** ***** help me as they purchased a Home that was not Released at time of sale, home has Title Insurance on it from First American Title Agency. *****

BBB's Answer:

I think you should contact an attorney that specializes in title insurance or title issues and get some advice in that area.  1 2 3 4 5 6 7 8 9 Disclaimer:
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