Legal Question in Real Estate Law in California

Non-Compliance by Title company
I refinanced my house and the title company was supposed to hold $4000 in escrow upon completion of our downstairs bathroom. This was listed on the ''Special instructions to settlement Attorney and loan closing agreement'' form. Within 3 weeks my husband had the bathroom completed. We then called the mortgage company and title company to let them know. I kept getting the run around and finally was told that ''the title company overlooked the fact that they were supposed hold out the $4000 and was told that there was nothing they or I could do about it. No appology, no remorse no nothing! Is there anything I can do? Please help me. Thank you for your time.

Asked on 6/30/05, 1:55 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

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Re: Non-Compliance by Title company

Sue them. They had a fiduciary responsibility to you.

Answered on 6/30/05, 2:12 pm

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Michael Olden Law Offices of Michael A. Olden

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Re: Non-Compliance by Title company

sue them in small claimes cout -- bring all your paper work -- they were negligent and send a letter of deman first and see how they respond. ask for their insurance co. and don't settle for less as you have a right to the total amount unless you have failed to give facts which are pertainant -- after 30 years in real estate law this appears to be as close to a slam dunk as the facts will warrent --- its up to you to present it properly

Answered on 6/30/05, 2:26 pm

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