Talbot, MD asked in Real Estate Law for Maryland

Q: Property was deeded with a cloud on the title. is the title insurance company and the settlment attourney liable?

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2 Lawyer Answers

A: If this was something the title examination should've revealed and title insurance was issued without an exclusion, then yes, the title insurance may well be forced to compensate. If the cloud arose AFTER your settlement the answer would of course be different. You are encouraged to check your title policy and if appropriate you may want to assert a claim.

A: Ms. Laumann is correct. Plus, you don't describe the "cloud" you complain about. Not every limit on the use of land is a "cloud on title." You can own land, but still be severely restricted by easements, ordinances, zoning, etc. An experienced title lawyer can advise you if share more information.

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