Whose job is it to request judgment lien payoff

[Ayo O.]

We are presently in the process of doing a refi on a SFH.The property has a lien placed as a result of a judgment.Title company has not make any effort in obtaining a payoff for the lien.My question is that am I wrong to expect a title company to obtain such payoff?

[Tom Gimer]

Originally posted by @Bill B.:

Why do you have a title company involved in a refi? Is that a Texas thing? I’ve only used title companies when buying or selling (changing the title)

The bank doing the refi should be doing the work for you of finding out who has to be paid off to get their new loan in first position. But if the judgement is against you/a home you own, why don’t you know the amount?

Unless you are playing the bank in this case? If so, I’d still ask why there’s a title company but now say it’s your job. Or you could always pay them to do it.

Title companies are involved in refinances, as there is almost always a lenders title insurance policy issued to insure first lien position. Even with some HELOCs or small 2nd trusts where no policy is requested, there will still be an O&E provided by title.

For refis it is typically the lender that chooses the title company... and yes, the title company should obtain a written payoff from the attorney/creditor.