Home Selling in Columbus>Question Details

charzieky, Home Buyer in Taylorsville, KY

Title agency from a sale 4 years ago wants signed access to court records regarding a lien they missed and I didn't know of - should I sign?

Asked by charzieky, Taylorsville, KY Tue Jul 9, 2013

I sold my home in early 2009. No problems.

A few weeks ago, the title agency started calling - the current owner wants to refi and the title search showed a lien that I apparently incurred which I did not know of and they did not find at time of sale. The new owner's refi is denied, pending resolution of the lien.

The title agency wants me to sign a document that allows them access to my court house records. The document includes a detailed line by line of the lien they found, the court house record number, and then a statement saying I give permission for them to see my court house records.

The lien was never reported to a credit agency, and I have yet to find out the details - but, no matter what, they want this resolved immediately.

Is this a trap? Are they trying to get me to sign a document that will create liability for me? What happens if a title company insures a title that has a lien on it?
Thank you!

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Answers

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During most transactions, you sign a document that states that you will cooperate if they find a clerical error on their part. This doesn't necessarily seem like a clerical error. Additionally and typically, when something is a courthouse record, it is in the public domain and anyone can look at it (public records are...public).

Your best bet is to hire an attorney to review the document and discuss with you your obligations to the title company and beyond. And make sure it's an attorney that represents YOU, not the title agency's attorney.
0 votes Thank Flag Link Wed Jul 10, 2013
do not sign anything until your consult an attorney.
0 votes Thank Flag Link Tue Jul 9, 2013
Thanks for that. I'm headed that direction.
Speaking in the most vague general generalities - when a title search is completed on a property and a buyer purchases title insurance on a "clear title", what could happen to the buyer (the purchaser of the title insurance) if that "clear" title turned out not to be clear?
Flag Tue Jul 9, 2013
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