Title issues relized upon selling

[newyork629]

What is the name of your state? New York
I'm am very concerned about a problem which was discovered with the title on my condo and im in contract to sell.
I purchased this condo 4 yrs ago from a estate as the owner pasted away about 4 months prior to me closing. I closed in Dec 03.
It turns out that the owner took out a loan in April 03 which was not filed until Feb-March 04. At this point the title company is claiming that the title was clean at the time I closed and suggested contacting the estate from which I purchased it. The estate executor was contacted and dose not seem to be willing to assist. My attorney is now sending a letter threatening to sue them. I'm concerned that this could take a long time to resolve and the estate probably utilized any proceeds from the sale to date.

Do you think my title insurance should cover me in this situation?

I never received a foreclosure notice, would the estate have received something from the lending institution?

Could the lending institution have written off the outstanding debt? If so, would this elevate my problem if addressed with them?
I appreciate any incite you can provide

[HomeGuru]

Originally Posted by newyork629

What is the name of your state? New York
I'm am very concerned about a problem which was discovered with the title on my condo and im in contract to sell.
I purchased this condo 4 yrs ago from a estate as the owner pasted away about 4 months prior to me closing. I closed in Dec 03.
It turns out that the owner took out a loan in April 03 which was not filed until Feb-March 04. At this point the title company is claiming that the title was clean at the time I closed and suggested contacting the estate from which I purchased it. The estate executor was contacted and dose not seem to be willing to assist. My attorney is now sending a letter threatening to sue them. I'm concerned that this could take a long time to resolve and the estate probably utilized any proceeds from the sale to date.

Do you think my title insurance should cover me in this situation?

I never received a foreclosure notice, would the estate have received something from the lending institution?

Could the lending institution have written off the outstanding debt? If so, would this elevate my problem if addressed with them?
I appreciate any incite you can provide

**A: I suggest you see your RE attorney this week.