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Are title companies responsible to research public records…

Customer Question
Are title companies responsible...

Are title companies responsible to research public records under the property owners name for a background check of the property owners personal background history? A money Judgment for Dissolution against the seller failed to show up when the owner's property sold. The recorded Judgment does come up though on the San Diego county website when using the property owners name searching the grantor-grantee index. It is indexed as dissolution and can be found using a public records search under the property owners name. The title company is denying to pay the Judgment saying the believe it was improperly indexed. The county recorder's office is saying they correctly indexed it as a marital dissolution Judgment with Attachments. In the attachments it sates that "The court finds and orders that pursuant to the terms of this Judgment a judicial lien is created. The judicial lien will attach to the payor's interests which were simultaneously created by this Judgment, and pursuant to 11 United States Code 101 (36) and 11 United States Code 101 (37), this judicial lien for the benefit of the payee shall be non-avoidable.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has any paperwork been filed?

Yes. My attorney is in a dispute with the title company to pay this Judgment.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My attorney is a marital divorce lawyer. After 2 denial letters from the title company he recommends I go to a collections attorney to do a judicial lien. I would like to understand the laws to discover if the title company has a case before resorting to the expense of the collection attorney for a judicial lien.

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
12/11/2017
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,006
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

As a general rule if you are selling or purchasing real estate a contract would require a title search. Was there a sale or purchase?

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Customer reply replied 8 months ago
The property sold last April. Any property my ex-husband sold the lien (Judgement) was then to take effect. The judgment failed to trigger the lien. My lawyer is now disputing with the new owners title company.
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

Did your Ex-husband provide title insurance for the purchasers? Did the sale close at the escrow/title company?

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Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

This the telephone number for customer service if you are having any issues with a telephone call US / Canada 1-***-***-****

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Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

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