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Can you sue a title company for not transferring the title in your name We cannot sell or refinace the property now because of this mistake?
Before you try to sue the company, contact your title company and inform them of the error and tell them they need to fix it by filing the appropriate documents. You will learn if they filed the warranty deed and if it was recorded. You should have received a stamped copy of your warranty deed once it was recorded. If they can easily get this resolved, then you do not have issue with the title company. We ran into something similar where a piece of property was recorded with the wrong name. They were able to fix it within about 1 week. Best of luck
What is a limited warranty deed?
A limited warranty deed warrants the title only for any problems that occurred during the seller's ownership. It does not warrant the title for anything that happened prior to the seller's ownership of the property. A buyer can sue the seller under a general warranty deed for title defects that occurred during prior ownerships but not under a limited warranty deed.
Do you need title insurance if you have a warranty deed?
You need title insurance to protect your title, but the person who SOLD you the warranty deed should pay for the insurance and provide proof that he or she has obtained title insurance that will pay the costs they will incur if the title is defective.Otherwise, you're stuck with a worthless warranty deed and may be left trying to sue the seller who has no money to pay for anything, let alone restitution or other damages.
Who owns the 2nd tract if i sold both tracts but deed only describes one?
If you sold 2 tracts, but the deed describes only one, then chances are there was a survey used that showed both tracts, which I assume are contiguous...and the title company or person who prepared the deed used the survey to prepare a perimeter description, which would include both interior parcels...so the purchaser would own both lots.And if you intended to sell both lots, and they intended to buy both lots and paid for them, they own it.? The deed could be as described above, or it could be deemed a scribner's error and need to be corrected.? So you could create a second deed to clear up any confusion, or they can sue for clear title.==Additional Answer== If your negotiations with the purchaser included two tracts and only one was described in the deed then title to the second tract is still in your name. In Massachusetts that type of scrivener's error is a common cause of title defects. The only way real property is conveyed is by deed. You must execute a corrective deed granting title to the second tract.
Does title insurance pay for a lien that was missed at closing?
Yes that is what title insurance is for. However, there is a very good chance that the title insurance company will sue the attorney who was supposed to do the title search in the first place as they obviously didn't do their job.
What is the wording in the body of a deed when no title search was a title search wasn't done and title insurance not issued?
The wording in the deed is no different just because the buyer did not want to pay for a title search and title insurance. The responsibility is with the buyer to know what he/she is getting when he buys the property. You can sue after the fact, but good luck if you don't take responsibility to have the property checked out.
Does a deed stand up in court neighbors have tax assement map i have the deed for the property. can i sue if they have removed a fence and cut trees?
You need to consult with an attorney who specializes in real estate. Your title and your neighbor's title must be examined by a professional to determine who owns the property. Then, ownership may need to be determined by a court decree. You should speak with an attorney ASAP.
You are refinancing your home to buy your ex husband out he wants the check payable to a third party at closingcan he sue you after and say he didnt receive buy out funds?
Yes and no. He can sue for anything. But to WIN which is the important part, he has to prove that he didn't benefit from it and that you sent the money to a third party for your own benefit. You can remedy this by having him sign a quit claim deed at the closing. He needs to be present, their are witnesses and he is agreeing to release any claims to the property whatsoever in order to facilitate the closing. Of course, as I said, he can always attempt to file a civil claim later and ask for that money, so getting a separate letter from him at closing signed by him and stating that the funds are being paid to the third party on his behalf to satisfy his claim might be helpful but probably overkill. My advice is to contact the title company conducting the closing and ask them to prepare the proper documnets to protect your transaction from him. They are working for you and are paid pretty well for conducting the closing services. That's what they are there for. Yes and no. He can sue for anything. But to WIN which is the important part, he has to prove that he didn't benefit from it and that you sent the money to a third party for your own benefit. You can remedy this by having him sign a quit claim deed at the closing. He needs to be present, their are witnesses and he is agreeing to release any claims to the property whatsoever in order to facilitate the closing. Of course, as I said, he can always attempt to file a civil claim later and ask for that money, so getting a separate letter from him at closing signed by him and stating that the funds are being paid to the third party on his behalf to satisfy his claim might be helpful but probably overkill. My advice is to contact the title company conducting the closing and ask them to prepare the proper documnets to protect your transaction from him. They are working for you and are paid pretty well for conducting the closing services. That's what they are there for.
Can I sue a title company for not finding a cloud on a title?
YES, that is what title insurance is for!
How do you contest a deed?
If you have "standing" to claim the deed is invalid, you can sue in land court, either naming the people on the deed (or who granted the invalid deed), or naming the land itself (in rem) as the subject matter of the lawsuit, or both.
What has the author Sue Aucott written?
Sue Aucott has written: 'No Title Exists'
Can a title loan store sue you for not turning in the car?
yes because of you pawning your title and you failing to pay for it ,so yea the have the right to sue
