Legal Question in Real Estate Law in Massachusetts

Title Lien

I have a lean against a property that I currently soley own. Refinanced six months ago and removed a anothers name from the property and deed. Recently attempted to refinance and a lien came up against me property in the name of a previous holder. The lien was placed on the property in 2003. Title search company at the time of the last refinance found another lien six months ago (that was cleared) but did not find this one place in 03. I am attempting to refinance again and obviously can't due to that lien on the property. I paid title insurance during the refinance that happened six months ago. The title company is not taking any responsibiliy for not finding the lien...I don't know what to do nor do I know who is responsible for not finding the lien. What are my options and or possible outcomes with this matter?


Asked on 12/15/05, 9:25 pm

1 Answer from Attorneys
Stephen Meltzer Meltzer Law Offices

Re: Title Lien

Answer:

Generally, title insurance offers protection for title problems but not listed in the policies but in existence when issued. However, first determine whether your policy is an owner's policy or a lender's policy. If it is an owner's policy you may have protection. If it is a lender's policy, The Title Co. is responsible for protecting the lender against title problems, not you.

If your policy is an owner's policy, review the policy, including all schedules, to ensure that the lien was not listed. If the lien was not listed, it is possible that the Title Co. is responsible for remedying the problem.

Please feel free to contact me if I can be of any further assistance.

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Answered on 12/16/05, 2:08 pm


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