Private members-only forum

Foreclosure Question — title issue discovered after closing

Started by need_help_tenant_advice · Aug 16, 2024 · 2,039 views · 17 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
NH
need_help_tenant_advice OP

I'm in a difficult situation and trying to figure out my next steps.

title issue discovered after closing. I've been dealing with this for about 9 weeks now and the situation isn't improving.

I have been renting for 2 years. My monthly rent is $1,279. I have a written lease.

What are the risks if I pursue this? What's the likely timeline?

NH
need_help_seller_question

Have you tried reaching out to your state's labor board? They sometimes have free resources or mediation services.

TS
throwaway_seller_2026

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

SA
seeking_advice_contractor_CO

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

JC
just_curious_homeowner_WA

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

WW
worried_worker_2023

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

DD
desperate_dev_TX

NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.

NB
newbie_business_owner_CO

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

RJ
RE_Attorney_James Attorney

Attorney here. Here's my take on the legal issues.

This is a common situation and the law is fairly clear. Under your state's security deposit statute, properly documented.

One important thing — there are strict deadlines for filing these claims. Don't wait too long.

JC
just_curious_contractor_NC

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

ES
eComm_Seller_2022

Not a lawyer, but I have direct experience with this.

In my case, it took about 3-6 months to resolve. The key was having everything documented.

PB
PatentAgent_Boston

I went through almost the exact same thing.

In my case, it took about 3-6 months to resolve. The key was having everything documented.

LT
LandlordTom_TX

I've seen this play out several times in my field.

In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.

PB
PatentAgent_Boston

I went through almost the exact same thing.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

JC
just_curious_business_owner_FL

Have you tried reaching out to your state's attorney general? They sometimes have free resources or mediation services.

TB
throwaway_buyer_2023

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

AB
AgentBroker_TX

I went through almost the exact same thing.

In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.

TA
TitleAgent_Retired

Spent 30 years in the title insurance industry and this is more common than people realize. A title issue discovered after closing is exactly why title insurance exists, and your first call should be to your title insurance company to file a claim. Under your owner policy, the insurer has a duty to defend against covered title defects and to either cure the defect or compensate you for your loss.

Common post-closing title defects include: undisclosed liens (tax liens, mechanic liens, judgment liens), errors in the legal description, forged documents in the chain of title, undisclosed easements, and boundary disputes. Each of these is typically covered by a standard ALTA owner policy, though there are exceptions listed in Schedule B of your policy.

The process for filing a title insurance claim is straightforward. Submit a written claim to the insurer with copies of all relevant documents. The insurer must acknowledge the claim within a reasonable time (many states require 15-30 days). They will then investigate and either cure the defect, negotiate a settlement, or litigate on your behalf. If the insurer denies your claim, you have the right to sue them for breach of contract and potentially bad faith.

One critical point: do not try to fix the title issue yourself before filing the claim. If you take action without the insurer's knowledge or consent, you may inadvertently void your coverage. Let the insurer manage the process -- that is what you paid the premium for.

Also worth noting: if the title defect was caused by an error in the title search (the title company missed a recorded lien or easement), you may have a separate negligence claim against the title company in addition to your insurance claim. These are distinct legal theories with potentially different damages, so consult with a real estate attorney who handles title disputes.