Hi, Thank you for your reply,
If the same title insurance company has been involved in insuring this particular title, I can understand why it has gone on for so long. Where the same title company is involved, they do not do a complete search when a new owner is acquiring title; they only do what is called a "Bring down" which means running the title from the last conveyance up to the present time, so if a mistake was made in the description, or in any other aspect of the title (other than checking for judgments, mortgages, liens, etc.), than the property's description would not change until someone caught the mistake, had a survey done, or another title insurance company became involved and did more than just a "Bring down". So, this is probably what happened here.
You do not need to incur legal fees. These are exactly the defects for which a buyer purchases title insurance. File your claim on your own with your title insurance company. There are no two ways about it, they are obligated to take care of this for you. If, by some chance, they deny your claim, then you should retain a lawyer. This is the perfect example of bad faith on the part of the title insurance company. These cases are generally taken on a contingency fee so that you still would not have to incur any legal fees and the attorney would be paid from any settlement, verdict, or judgment. The attorney would negotiate with the title insurance company and simultaneously file a lawsuit against the title insurance company and would include a "Bad Faith" claim. Bad faith claims result in punitive damages and translated into monetary figures, amounts to three times the Plaintiff's ordinary damages. Therefore, if your ordinary damages were, for example, $25,000, then punitive damages would be three times that amount which would be added to ordinary damages, resulting in a total recovery of $100,000 ($25,000 x 3 = $75,000) $25,000 + $75,000 = $100,000,
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