Treading water (Sarasota, Bradenton, Venice: sale, 2013, insurance)

[Lunatic578]

I am just wanting to no who is held accountable for mechanical liens that are on the property I just bought. There are 13 of these.the are basically restoration companies. I found these liens when I was being nosey about the previous owner and a "rumor" of the husband embezzles money and goes to prison. I could not find one article on this but found all of these liens. Evidently my house had in 2007, 2010, and 2013 had flooded. My disclosure papers say nothing of this. My realtor knows nothing if this and calling these companies, the owners gave me earfuls of the amount that is owed to each of these businesses. These companies told me about all of the mold that us growing in my basement. All the damage that was done and not repaired due to the previous owner wanted wanting just cosmetic repairs done. Well I stewed about this during the first rainstorm in our new house and after reaching 6 inches of standing water or what we thought was just rain water. Well, I'm out for blood. In order for us to get any repairs done these past liens need to be taken care of. So, contacted our lawyer. He is confused as to how I found these liens when the title insurance didn't. Obviously a judgement is going to work on the previous owner and in all actuality all of these liens could have been the result of the previous owners husband going to prison for embezzling in the first pkac we or vice versa. But I am courious as to who is responsible for these liens. Is this person responsible for making the corrections that should have been done example, all the mold that is now and has been nesting in my walls of my basement. Thepreviously owner still denies any of the damages even on the disclosure papers

[Chester Burnett]

I tried to read that. Try paragraphs, spacing and the occasional comma.

[bbronston]

You are asking a legal question on a non-legal forum. Only a lunatic would seek legal advice on the internet! <sorry...couldn't resist>

Seriously, though, you've already talked with an attorney. He is the one you should rely on. Having said that, though, I'd sure as heck be on the phone talking to the place that handled your closing. If you found the liens, it seems implausible that they would miss them. And, they should have errors and omissions insurance that your attorney might be able to use.

[Lizbethnewbe]

I'm no expert but don't they do a title search when you buy a house and then you get title insurance? It seems to me that you did not have a free and clear title if there were liens. Your lawyer would be the person to ask this question,

[Cardiff by the Sea]

Title insurance should pay the liens. They guarantee you a free and clear title and if they missed it, they should pay it. That is what they are insuring for--claims on your title.

[macrodome2]

As others have said, check with the lawyer first. If you have title insurance and they did not find the liens, the you may have a claim against the title insurance company to pay of the liens. As to fixing the current problems, you are probably stuck footing the bill for that.

There is another post: //www.city-data.com/forum/real-...ave-proof.html where someone had a similar problem.

[sware2cod]

You mention a basement. Is the home in Florida?

If there was a lien on the property, the lien should have been paid/settled/removed before the home could be sold. That's the whole purpose of a property lien - so the lien holder holds claim to the money and before the home is sold, the lien is supposed to be removed/settled before the home sale could take place.

Often the buyer will negotiate with the lienholders to take a reduced amt in order to settle/remove the lien so the sale could take place.

Are you sure the liens haven't been settled as part of closing and maybe the recordings of these haven't been entered into the system yet. Sometimes there is a lag of time for the new records to be available.

[d4g4m]

^^^^^
Beat me to it. Sarasota-Bradenton-Venice forum!! Water in basement????
Give us the name of the title company so we will know who NOT to use.

[joeyddog]

It's our friendly troll again who never learned how to spell! Don't feed it

[photoman_6]

Originally Posted by joeyddog

It's our friendly troll again who never learned how to spell! Don't feed it

thanks for clearing this up. Now I don't have to worry about another poor grammar/spelling yahoo clogging up our forum.