Is the title company liable?
Our home closing was back in January. Just this week (april) we got a notice from the county that there is a $3000 lien for an unpaid paving assessment. The title company says that it was listed on our title insurance exclusions page and in fact it is. Here are the issues that I have with this.
1. We never saw the policy until it arrived in the mail 4 weeks after closing.
2. They never even mentioned it at closing
3. the executed contract to purchase is clearly checked that the seller is to pay any and all outstanding liens at closing. So they messed up here for sure.
We bought a foreclosure property in Pasco County, Florida.
Appreciate your answers.
Did you have an attorney handle this sale for you? If so, you need to go after your attorney for this.
You never should have closed, without the title exclusion list – you don’t need the whole entire actual policy, but your attorney should have verified that the title was clear.
If you did this without an attorney, you’ll have to hire one now, to sue the seller, as they didn’t pay the outstanding lien.