False information sent to title insurance underwriter, who sues us

[LewisNichols]

In an adverse possession matter, false information was sent (regarding alleged trespass) to a title insurance underwriter. Without verifying the information, the title insurance company repeats the information to a law firm that sues us. Eighteen months later, the other party wants to voluntarily dismiss two of their claims (which were based on the false information). We are considering suing the party responsible for the publication of false information (even though his attorney was the one that sent a letter with the false information to the title insurance company). Can we also sue the title insurance company for repeating the false information? Can the title insurance company claim any privilege? Thank you!

 

[PayrollHRGuy]

false information was sent

WHo sent that?

 

[Zigner]

What US state?
What false information?

 

[adjusterjack]

You can sue anybody you want to sue. Whether you can win depends on all the historical details of your situation that you haven't seen fit to share.

You have a lawyer, don't you? He's the one you should be asking because he knows the whole story.

 

[LewisNichols]

You can sue anybody you want to sue. Whether you can win depends on all the historical details of your situation that you haven't seen fit to share.

You have a lawyer, don't you? He's the one you should be asking because he knows the whole story.

Party that sued us for trespass was an out-of-possession land lord ... they eventually gave up on their trespass claim ...

 

[LewisNichols]

What US state?
What false information?

Oregon ... we were sued by an out of possession land lord for trespass ... who eventually gave up on his claim

 

[LewisNichols]

WHo sent that?

Out of possession land lord sent trespass info to title company, who repeated it to a law firm who sued us. The false information is that we damaged him (the out of possession landlord). Oregon requires actual or constructive possession to sue for trespass.

 

[LdiJ]

In an adverse possession matter, false information was sent (regarding alleged trespass) to a title insurance underwriter.

Who, exactly did that, and why?

Without verifying the information, the title insurance company repeats the information to a law firm that sues us.

Why would a title company do that? Why would the attorney want to sue you?

Eighteen months later, the other party wants to voluntarily dismiss two of their claims (which were based on the false information). We are considering suing the party responsible for the publication of false information (even though his attorney was the one that sent a letter with the false information to the title insurance company).

Up above you said it was the title company who sent the info to the lawyer. Now you are saying its the other way around?

Can we also sue the title insurance company for repeating the false information? Can the title insurance company claim any privilege? Thank you!

Your story is simply too vague to get you good advice. Tell the whole story. Not just pieces. If you don't feel that you can do that here, consult with a local attorney.

 

[quincy]

Party that sued us for trespass was an out-of-possession land lord ... they eventually gave up on their trespass claim ...

It sounds like the out of state landlord was provided erroneous information that he passed on to his attorney, believing it was true. It does not appear you have a good basis for a defamation claim.

What harm have you suffered?

 

[LewisNichols]

It sounds like the out of state landlord was provided erroneous information that he passed on to his attorney, believing it was true. It does not appear you have a good basis for a defamation claim.

What harm have you suffered?

The landlord and his attorney knew property was being rented ... the renters didn't want to get involved, so the demand letter (sent to the title company) included information such as the (landlord) was entitled to "quiet use and enjoyment" of his (rented) property ... and he was trying to get trespass damages. Thank you.

 

[LdiJ]

It sounds like the out of state landlord was provided erroneous information that he passed on to his attorney, believing it was true. It does not appear you have a good basis for a defamation claim.

What harm have you suffered?

He has been sued, so there is at least some financial damage. There might be more if he told the whole story.

 

[quincy]

Perhaps I read the posts wrong. Who exactly is the “party” who is suing? The landlord or the attorney? Or both? Who wants to withdraw (two of) the claims?

 

[eerelations]

OP seems to think that a law firm is suing him. (Not a title insurance company, but a law firm.) That the title insurance company received some false information and sent it on to a law firm who subsequently - on a whim, it would appear - decided to sue OP. OP is now suing the person who originated the false information, but has some misgivings about this because that person didn't actually send the false information to the title insurance company, it was that person's attorney who actually, physically sent the false information. Despite these misgivings, OP is standing strong and now wants to know if he can also sue the title insurance company for sending the false information off willy-nilly to some random law firm.

 

[quincy]

OP seems to think that a law firm is suing him. (Not a title insurance company, but a law firm.) That the title insurance company received some false information and sent it on to a law firm who subsequently - on a whim, it would appear - decided to sue OP. OP is now suing the person who originated the false information, but has some misgivings about this because that person didn't actually send the false information to the title insurance company, it was that person's attorney who actually, physically sent the false information. Despite these misgivings, OP is standing strong and now wants to know if he can also sue the title insurance company for sending the false information off willy-nilly to some random law firm.

This appears to be too confusing for my feeble brain to comprehend.

I suggest Lewis find legal assistance in his area of Oregon to defend against whatever lawsuit may still be pending against him and ask this attorney if there is any legal action available for him to pursue against anyone.

Although false information about the trespass laws in Oregon apparently was conveyed to the landlord and attorney and title company, I am not seeing a clear case of defamation.

What is your current position with the property, Lewis? Are you living there without a lease, renting, squatting?