Legal Question in Real Estate Law in Pennsylvania

Can't Clear Title for Property

We purchase a parcel of land in PA in 1999. The title insurance company & our lawyer both claimed the title was free and clear and we received title insurance. Recently we tried to sell the property & found out the title was not clear, hence the buyers dropped out. Do we now sue the title company and the lawyer? How can we resolve this?


Asked on 1/31/07, 2:18 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: Can't Clear Title for Property

The minute you find out that there is a title problem when you are selling your property, you should contact the title insurance company that insured your purchase. It is their duty to assist you in clearing any title issues, EXCEPT when those issues have occurred after you took title. That is what title insurance covers.

When liens or encumbrances have attached to the property after you purchased it, you must work with whoever owns the lien or encumbrance to clear it.

This response deals with PA property only.

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Answered on 1/31/07, 3:43 pm


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