Any TITLE INSURANCE xPerts here ?

....if a properly filed property lien is missed by the title company ....

Aren’t THEY responsible to pay off that lien or have their insurance company pay ?

Doc, they are responsible to provide marketable title if the property sells or gets refinanced. They will try to do that without paying off the lien. To avoid paying out, they will tell the insured that they will provide a title insurance policy to the buyer/bank regardless of the lien. Their payouts are few and far between.

They all seem to have some catch all out clause in the contract you sign.
most they will give you is a refund of what they charged.
same with inspectors.
pretty nice scam

THX guys ...

My FIENDS situation is this ... through a divorce he was given a pretty substantial lien on some property... due upon sale of the property.

That was long since sold and my fiend wants his mooLaa.

He got a song and dance from the title insurance company today

I’m being kept UP TO DATE as quick as he hears from them

It sounds like the sale did not invalidate his lien. It activated it. Now he can begin foreclosing on the lien. The owner of them property will have to pay him, then go after the title co and the seller for the $$. If they don't pay him, he can take the house. If the current owner pulled a new mortgage, he is first in line ahead of them. They might pay him to protect their interest in the property. Tell him not to be a tightwad and hire a good attorney who specializes in real estate liens. This is not a do-it-yourself thing.

As a contractor, I aquire lien rights to the properties I improve. I have initiated foreclosures on liens before. It is very ugly. Like a cage match to the death. Deadlines and procedures are strict and unforgiving. People lie to defend. At very good attorney is essential.

THX H J .. but do you think if my fiend is a feisty as me .. WITH ME being his wing man .....

We can’t handle it ?

ORE should we just hire a vicious PIT BULL attorney and then TACK ON his fees?

See my post above. The laws protect the property owner. You need an attorney who is diligent at following the process to a T. One mistake and you lose. There is no second chance.

Oooooops ... invalidated lien ? ... how would a legitimate and legally filed lien ever go away ?

I'm no attorney, don't rely on me. Your friend needs a competent attorney. Recovery of fees can happen in some instances. Everything I know is based on Minnesota law. Other states could be different. An attorney trying to invalidate a lien for his client has many approaches. Mis-speling, improper filing, mistake in the legal description, not filed timely, etc. A lien is worthless without the ability to foreclose. The foreclosure process is fraught with booby traps. How much $ is at stake?

Doc you sure seem to have a bunch of less than knowledgeable friends. How do you end up hooked into these problems.

I once knew of a similar problem. The "lien" was contained in the divorce degree, basically an order to pay on sale but not a lien on the property in the ordinary sense. It was never recorded in the Registry of Deeds. Massachusetts law requires that the divorce decree be filed in the Registry of Deeds. That is a provision of law I had never heard of. Competent title examiners tell me that they check the divorce records. If the situation is what I described, the buyer is in the clear (at least here). Simply stated, to be a "lien", it has to be recorded where a buyer would expect to find it; recorded with the deeds.

Ole Joel... is your main experience filing or foreclosures ? 85 large !

Gotta go ... I’ll be back later ... thx all