Hello Bigger Pocket friends!
I bought a fix and flip property on a hard money loan and closed on it with a clean title.
After completing the rehab I put it for sale on the market . The property went under contract, but the buyer's closing attorney found title issues and could not close on it as their in house underwriter refused to insure the title - He pointed out that there was some potential fraudulent activity done on when a quick claims deed was filed by some previous owners around 10 years ago.
I went back to the closing attorney via whom I purchased the property and he immediately passed me on to the title company that cleared the title.
The title company then investigated the matter and told me their underwriter is also refusing to insure the title since there was potential fraud involved. Luckily, I have title insurance with the same title company and they asked me to file a claim...and so I did just that.
The title company then retained an attorney in Georgia to resolve the matter and told me I'm now in their hands.
Fast forward 2 months and that attorney has made no progress. They keep telling me they are unable to locate the "heirs" to the person who wrote the quick claims deed and they will just "keep trying" to find them.
Meanwhile, the deal with the buyer has fallen through and I have been paying the monthly interest payment on the loan since then. I cannot refinance the loan as the property does not have a clean title and I've been told its very difficult to find an underwriter will be willing to insure a title with such potential fraudulent issues.
The title insurance company has told me that my policy does not cover financing costs. So my question is: who is liable for these extra expenses that I have incurred due to the delays caused by the discovery of this title issue ?
Is it the title company who issued the title ? or the closing attorney who carried out the closing on this property when I purchased it ?
Should I consult a litigation attorney for suing one or both of these parties ?
Just trying to figure out the best way to deal with this issue because the hard money loan is approaching its maturity and the lender will apply a 1% late fee every month beyond the maturity date.
I think its unfair that I have to bear these additional financial expenses and costs because of this title issue - since it isn't my fault (as I had purchased the property with a clean title)
What should I do ?
Thank you in advance for any tips or advice you could share to help resolve this matter!
Best,
AN