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All Forum Posts by: Riju Krishna

Riju Krishna has started 1 posts and replied 3 times.

Post: Lien on property - advise sought

Riju KrishnaPosted
  • Posts 3
  • Votes 0
The Amended report just didn't mention this at all. I asked for why this was removed. they sent me a copy of a document that was recorded with the court that showed the husband withdrawing the complaint.So that should be OK, right?


Originally posted by @Peter Walther:

A title policy is not legal advice or an opinion on the status of title, it's a contract of indemnity against loss caused by a covered matter and does not provide any insight about what might happen in the future.  The attorney though appears to have advised you on what could happen, including the ex husband making a claim to the property post closing.  Based on the limited information you've provided, as long as there's no exception in the title policy for a claim made by the ex, if he does make a claim to the property post closing, it sounds like it should be a matter covered by the policy.  If it were me, I or my attorney would ask the title agent why the lien was originally referenced and what caused them to be willing to delete the reference to it.

Post: Lien on property - advise sought

Riju KrishnaPosted
  • Posts 3
  • Votes 0
The Amended report just didn't mention this at all. I asked for why this was removed. they sent me a copy of a document that was recorded with the court that showed the husband withdrawing the complaint.So that should be OK, right?


Originally posted by @Will Fraser:

I would lean HEAVILY on the title company here.  This is exactly the kind of thing that title insurance is built for.  When you say that the title co sent you an amended report with this removed . . . did they list this as an exemption on your title insurance policy, or they removed any mention of the lien from the soon-to-be-ex?

I would be VERY hesitant to sign any title closing docs that list that as an exemption, but that may just be me. 

Post: Lien on property - advise sought

Riju KrishnaPosted
  • Posts 3
  • Votes 0

I am unsure if this is the right forum for this post. Apologies if it isn't. I need some advise - 

I am currently in transaction (all contingencies removed) for a property. The final disclosure package showed a lien from the owner's soon to-be ex husband (apparently there is some divorce proceeding, and the soon to-be ex husband filed a case against the real estate/property). I brought this to the attention of my realtor who reached out to the title company. The title company then sent us an amended report with the lien removed. My concern is - Can the ex husband file a case against me once I have bought the property. I reached out to an attorney who said there is a possibility of him filing a case to null and void the transaction. Is that just a hypothetical (because anything can happen), or has anyone experienced something similar? Any advise is hugely appreciated.