Williamstown, KY asked in Real Estate Law and Civil Litigation for Kentucky

Q: Can I sue title company for giving me a deed when I paid cash and then a year later finding out there's a lien

Bought a house a year ago title company said clean title paid cash now they're telling me that an old loan I'm 20 years ago that I was not aware of is foreclosing on the house that I paid cash for. Can I sue the title company but not finding this

2 Lawyer Answers

A: Possibly. You should have a real estate attorney review for accuracy first, though.

Anthony M. Avery
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Answered

A: Title companies claim not to represent anybody, so no duties owed. There are still some causes of actions against them, but it is tough. If a lawyer was involved, it may be possible to go after him legally and/or professionally. If there was a warranty deed, breach of covenants against grantors might lie. If you got an owner's title insurance policy, claim on it. Hire KY attorney to search title, determine enforceability of asserted note/lien, and possibly file suit. Do not wait until you lose the property.

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