• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Help! who is responsible for a missed lien

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

tenant08

Junior Member
What is the name of your state (only U.S. law)? Texas

I filed an Abstract of Judgment and placed a lien on a guy in Harris county. He owned two properties in Harris county. He sold one property without paying off the lien. He (falsely) signed an affidavit stating that he had no outstanding judgments and they're were no liens on the house. The title company missed my lien in the title search and the house was sold. I've had a lawyer look into the county records and my AJ was filed properly. I've contacted the title company but they have been giving me the run around about the missed lien. How do I handle this without hiring a lawyer? What do I do now?
 


justalayman

Senior Member
How do you know the lien was missed. Not all liens must be satisfied before transfer of property. If the buyer agreed to accept title subject to the lien, the lien can often simply be continued on the property.

Not knowing what the lien was for, I do not know if you have the right to foreclose on the property due to the lien. If so, I would suggest heading that direction. If the title company missed the lien, they would be in the position of paying you off on behalf of their client. That is one of the reasons one would purchase a title insurance policy.

If you do not have the right to foreclose, it may simply be that the lien was accepted by the buyer.
 

tenant08

Junior Member
The lien was from a small claims case that I won. He told me and the judge that he would pay me when his rent house sold. That's why I filed the AJ. I thought the lien was attached to the individual - did it transfer to the new owners of the property?

The title company has opened an investigation from the claim on the title but they will not talk to me about it because I'm not the policy holder. Should I try foreclosure proceedings?
 

FlyingRon

Senior Member
Why aren't you a policy holder. You should always get owners title insurance.
They have no responsibility to you for the missed lien. You're stuck with taking action against the seller (or perhaps whoever the lien is too) yourself.
 

justalayman

Senior Member
The lien was from a small claims case that I won. He told me and the judge that he would pay me when his rent house sold. That's why I filed the AJ. I thought the lien was attached to the individual - did it transfer to the new owners of the property?

The title company has opened an investigation from the claim on the title but they will not talk to me about it because I'm not the policy holder. Should I try foreclosure proceedings?
I would wait to see what comes from the title company investigation. They may find they are liable to pay the lien and if so, it could save you a lot of work.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top