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title company missed a lien now they won't talk to me

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S H

Junior Member
What is the name of your state? Utah

A title company missed a lien that I had on my ex-husbands property we lived in while we were married. Divorce Decree stated - I would recv 1/2 the equity in the home, upon oldest of minor children turning 18, sale of home or if he got married. The title company hasn't responded with anything valid in almost a year basically won't talk to me, said they saw the lien and thought it was a mechanics lien....now they won't give me any other answer but "have you tried getting the money from your ex?"....Heck No...He won't give it to me either.... isn't it the title companies mistake and they should take care of it? Please point me in the right direction as I don't have funds to hire and attorney.
 


FlyingRon

Senior Member
I'm confused. What was the relationship between the title company and you?
If your husband sold the house and a title company the buyer (or their lender) missed the lien, then they screwed up on their responsibility to the buyer. Your lien still exists and you can pursue the buyer (who will then go after your husband and/or their title insurance provider).

If the above is a description of what is happening, I'm not surprised the title company won't talk to you.
 
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PghREA

Senior Member
If a lien was on the property and the title company missed it, then it is the title company's mistake. Sue who ever paid for the title insurance (some states the seller provides the insurance for the new buyer and in others the buyer purchases it.) That person will contact the title insurance company and it will be taken care of at that point.

Right now, you have no relationship with the title company which is why they can't/won't help you.
 

HUD-1

Member
Title companies are not going to fork over $$ based on a phone call complaint. They are vey good at defending lawsuits too. In the end, you will have to litigate. If the sum is large enough, perhaps an attorney would take on the case and get paid based on the amount due being collected. ??
 

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