Legal Question in Real Estate Law in California

Title Insurance claiming Arms Length Protection

Have been trying to get passed the Demure stage of very difficult Unlimited Civil Case. I contacted the title company the day after loan docs expired. They confirmed that title was cancelled, there was no other title policys open, they assured me that there was no way anyone would be able to still close the escrow, that a new title order would have to be ordered and that would take a few days. I asked them to send me confirmation of the cancelation which they faxed to me. The lender mailed me confirmation of cancelation. So I felt without a doubt it would not close. But it did and only 3 hours after getting confirmation it would not. Title closed a 1st and 2nd concurrently one right after the other against lenders instructions of no secondary financing. I had cancelled the escrow but was employeed by the Mortgage Broker whom threatened me with my job for cancelation. I was already living in the home with 50% of undocumented ownership rights. So I could not just forget the deal but did not want those loans. They even forgot to have husband sign interspousal quit claim. Title claims they had no duty to me. But I paid them they gave me assurances that it would not close. I lost my home and any interest I had in it.


Asked on 5/17/08, 5:50 am

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Title Insurance claiming Arms Length Protection

I'm not sure what the question is. Obviously all this will have to be worked out in litigation.

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Answered on 5/18/08, 10:16 am
George Shers Law Offices of Georges H. Shers

Re: Title Insurance claiming Arms Length Protection

You need to contact a real estate litigation attorney to get much more detaled legal advice then we can offer here. It wil be costly, but it appears you will not get anything if you do not have someone to figure out what to do. If the title insurance company has a clause allowing for attorney fees then the normal rule in Ca. is that yo also are entitled to fees if you win. Most title insurance companies take the position that they are not really insuring you against anything except maybe really bad mistakes by them.

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Answered on 5/18/08, 2:36 am


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