Q: Is a title search company liable for not noticing the deed was not signed , thus giving me wrong info,costing $60,000
Deciding if I would contest my mother’s Will, I recieved advise from an attorney who told me to have a title search done. The title search company said the 2013 title to my mom’s home proceeded the Life estate Deed and I was co-owner, as I have hoped. I decided not to contest because the Will only effected 20% of the ownership of home. Later the Estate attorney notified me that the estate has claimed 100% of the estate because the deed was not signed by my mother, ( it was typed in) therefore invalid. The 90 day window to contest the Will had run out by then. I lost approximately $60,000 by not contesting the Will. The case to invalidate the Will was so strong, a lawyer was willing to take it on contengency basis. My mother was in the hospital on morphine, tramadol, hallucinating and se ere dementia on the day the Will was signed.The overwhelming evidence made the case a definite win.
Can I hold the title search company liable for misinformation that cost me my inheritance.
A:
The title company merely reviews the record. They do not opine on validity of documents that have been recorded. It sounds like the other side's estate's attorney was making a claim or an allegation that the deed was not valid. You could have/should have retained your own counsel to challenge that assertion including your reliance argument.
Not sure if it is too late now, but I'd get an attorney to review what you are talking about.
Good luck.
Terrence H Thorgaard agrees with this answer
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