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Question

I sold a house 6 months ago. The Title search company or whomever never did a title search and and after house was sold I still owe 17000 on a pool to same bank as mortgage. It should have been paid at closing but was not. what are my options since i cannot purchase a home now w/o paying off this now unsecured loan? can I sue? rr from orlando

Submitted: 17 days and 21 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: Georgia

Already Tried:
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Posted by KUMAR PATURI ESQ 17 days and 21 hours ago.

Info Request

was the $17,000 secured to the house?

17 days and 21 hours ago.

Reply

What info do you need? rr

Posted by KUMAR PATURI ESQ 17 days and 21 hours ago.

Answer

title companies will pay off all liens on the home, and if they did not the new buyer would be responsible if it is secured on the home, however if the loan is a note not secured by the property and only an obligation against you, the title company would not be responsible to pay it off.

17 days and 21 hours ago.

Reply

The loan was secured by the property a house. The loan was for a pool that was added to the property 6 months after purchase of that home by me by the same bank that held the mortgage. Once the house was sold to the new owner, there remained after closing (June 2009) a now unsecured loan of $17000 since the house was sold and i was never asked nor deducted the amt of $17000 for the pool...rr

Posted by KUMAR PATURI ESQ 17 days and 21 hours ago.

Answer

than the title company should have cleared it and you need to contact them and possibly sue them for clearing title without paying off the loan.

17 days and 21 hours ago.

Reply

Likelihood I will be compensated w/o out of pocket investment ...? rr

Posted by KUMAR PATURI ESQ 17 days and 21 hours ago.

Answer

it is possible, also title insurance may cover the payment also, but the buyer is the one who is insured. Speak to your closing attorney on why it was not settled.

17 days and 21 hours ago.

Reply

The closing attorney for the buyer and me , te seller is THE SAME!!! rr problem?

Accepted Answer

you need to have an outside counsel to review the closing documents to see for sure who messed up and how to resolve the matter, as the attorney may have committed malpractice and could be made to pay.

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Expert: KUMAR PATURI ESQ
Pos. Feedback: 99.1 %
Accepts: 
Answered: 11/5/2009

Attorney

10 years experience, UFT, UNION PLUS ATTORNEY, PARALEGAL INSTRUCTOR,

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