Home Selling in Elgin>Question Details

Cowboy, Home Seller in Elgin, SC

I have title insurance and now 4 years later trying to sell, and find I don't have clear title. What next?

Asked by Cowboy, Elgin, SC Wed Jan 19, 2011

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You've had some amazing responses to your question and I do agree, the first thing you may want to do is locate (if you can) your closing packet from where you bought house. If you are not able to find, locate your realtor (If he/she is still in the business) to ask if they still have a copy or can identify which closing attorney closed your loan. In Columbia SC, most closing attorney's have direct ties to the title insurance company.
Your closing attorney along with the title insurance company will be able to determine what the problem is.

I am assuming that the cloud on your title was uncovered by the "now" closing attorney. It would help your situation if you knew what the cloud on your title was and could communicate the issue to the "then" attorney and title insurance company.

Along with all the other wonderful answers, I hope this helps!!!
0 votes Thank Flag Link Wed Jan 19, 2011
Contact the title insurance company. Be aware title insurance companies are quick to collect their money,but slow to pay it out in cliams, basically because they very rarely have claims (it is a great business!) I had a claim against a title company and had to ride them constantly to get my money. Good Luck!
0 votes Thank Flag Link Wed Jan 19, 2011
Hi Cowboy

Regret the problem.

Since you have title insurance you are fine provided it is a prior lien.

If the title has been clouded due to issues created by you, then you pay.

You should be fine.

0 votes Thank Flag Link Wed Jan 19, 2011
First try to determine if the problem was prior to you buying the property or since you purchased the property. Then contact the original title company and your real estate agent. If your real estate agent had a relationship with the title company then they can help facilitate getting answers quicker than you could yourself. Ask the title company to fully explain the issue and then ask.. how do we resolve this issue? Some are minor issues or issues that have been discovered since you have owned the home or during the title search to sell your home which may be more indepth than the policy you purchased when you purchased the home.
0 votes Thank Flag Link Wed Jan 19, 2011
You didn't say what the title problem is. Was there a lien that wasn't cleared? Is someone making a claim to title?

If the title issue is covered (insured), then contact the title company. If it's not a covered issue, then it'll be on your nickel to resolve it. Unfortunately, there are often plenty of exceptions to coverage.

Review your title policy thoroughly.
Web Reference: http://www.phgbrokers.com
0 votes Thank Flag Link Wed Jan 19, 2011

Get the facts.....

Contact the title company initially to get a clear understanding of the facts. ....followed by contacting an attorney if the situation warrants it.
0 votes Thank Flag Link Wed Jan 19, 2011
Contact the title insurance company.

I'm assuming that you're suggesting that the title was clouded when you purchased 4 years ago. In that case, you should be protected.

Remember, though, that there may have been clear title when you bought but something may have occurred during the period you've owned the property. For example: An unpaid repairperson filing a lien. Or an unpaid water bill--that can also result in a lien on the property. Or if you had something like windows installed, you may have signed a document securing the financing on the home improvement with a lien on your property. Or unpaid taxes. Or a lawsuit. In those cases, title insurance won't help. It can't protect against liens that hadn't been filed at the time you got the insurance.

Hope that helps.
0 votes Thank Flag Link Wed Jan 19, 2011
Don Tepper, Real Estate Pro in Burke, VA
Contact the attorney who closed your purchase. He should be able to shed some light on the situation and get you the Title Company contact info if you can't find it in your closing packet.
0 votes Thank Flag Link Wed Jan 19, 2011
Contact the insurance company immediately!

They can help you out.

Typically, title insurance is regulated by the state.
0 votes Thank Flag Link Wed Jan 19, 2011
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