Legal Question in Insurance Law in California

Re: Title insurance snafu

You may be able to avoid payment, we need to look at the papers.

Joel

JOEL SELIK Attorney at Law

800-894-2889 760-479-1515 702-243-1930

www.SelikLaw.com

Licensed to Practice Law in California and Nevada Only CA Licensed Real Estate Broker

CONCENTRATING IN LITIGATION: REAL ESTATE, ELDER ABUSE, APPEALS, AND COLLECTIONS Personal Injury, Contracts, Tax Matters, Business, Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice Real Estate, and Other Legal Matters

This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

If you send a lawyer or law firm email, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via email. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties.

Re: Title insurance snafu

You owe the money back, but the title company owes all expenses, costs, interest, etc. to make the transaction as if it had been done correctly.

You did not make a mistake, the title and escrow did, so you knowingly received more than you were borrowing. You would lose in any court, so doing this the easy way is also the right way.

Re: Title insurance snafu

If I am understanding you correctly, you were approved for a loan that included money to pay off a judgment lien against your home. Part of your refinance included taking cash out. The money intended for the judgment lien ended up in your pocket instead.

It seems to me you need to pay the money. After all, you did borrow it and it just went to the wrong place. You might have a claim against the title company, but you would need to have a lawyer review the policy to see what claims are covered.