Legal Question in Real Estate Law in California
Will Title Insurance Defend Lis Pendens About Title Transfer?
1) My policy of Title Ins. is from 1990, I had another copy sent in 2004. Am I insured by the same Title Co. I started with, even though I've refinanced? 2) My parents and I owned an undivided 1/2 interest in my home. My parents had me refinance in my own name in 2002. Next, they both transferred their 1/2 of the property to me by Quit Claim in 2003. Months later, they were conservatored and their unscrupulous trustee tried to undue their decision. A Quiet Title action was filed on my behalf, and the trustee filed a counterclaim/lis pendens to reverse the title change, and take back � my home. I own 100% of the title, and this is a dispute on my title. Would my Title company be able to defend me? The policy says, ''This policy covers the risks, if they affect your title on the policy date.'' They insured both me and my parents in 1990, and we are now under lawsuit over the title as it was written then, and now. The policy states, it protects you as long as you: ''own your title, own a mortgage from anyone who buys your land, or are liable for any warranties you make.'' I made warranties in that I filed the Quiet Title, in exchange for a promissory note, which I am paying back. I also need a separate attorney to protect us.
5 Answers from Attorneys
Re: Will Title Insurance Defend Lis Pendens About Title Transfer?
Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.
Sometimes, we can have your insurance company pay us as "Cumas" counsel. There may also be a way to tender the defense.
Re: Will Title Insurance Defend Lis Pendens About Title Transfer?
might be worth a shot, problem is the claim is based on something other than title (it is not a problem with title, but claiming a transaction was not proper, presumably)
Joel Selik
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Re: Will Title Insurance Defend Lis Pendens About Title Transfer?
The problem as I see it is that the last title policy that you received was in 2002, while the transfer of title took place in 2003. Generally, the title company is responsible for what took place in the past, not the future.
Re: Will Title Insurance Defend Lis Pendens About Title Transfer?
I don't think the title insurance company is obliged to defend. The adverse claim in the legal action is not really from an outsider, but between the two co-insureds -- the conservator is not claiming he personally has a 1/2 interest; he's merely claiming on behalf of your parents. Not only that, it arises from a transaction occurring after the policy date.
Your necessarily abbreviated set of facts leaves much unsaid about what's going on here, and that makes it difficult to advise you. What's this about a promissory note, for example? Did you give a lawyer a note in exchange for initiating the legal action on your behalf? Why can't that lawyer also defend the counterclaim? Has the counterclaim been answered?
Please contact me with further details and I might be able to offer a suggestion or two.
Re: Will Title Insurance Defend Lis Pendens About Title Transfer?
No. The title problem post dates issuance of the policy. The policy issued on the refinance insures the lender, not you.
You will need to defend the case by proving that your parents were mentally competent at the time. If they were not, you should give up the fight.
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