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My wife and I divorced 7 years ago. There was an IRS lien on…

My wife and I...

My wife and I divorced 7 years ago. There was an IRS lien on the house at the time. I signed the house over to her at the time of the divorce. A year ago she sold the house and the title insurance co. Did not note the lien. The IRS made them pay the lien months ago. Now the tittle insurance co. Wants me to pay the lien, even though I did not know the lien was present and that the house was even being sold.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

None, haven’t received anything from anybody yet

Lawyer's Assistant: Where is the house located?

Lincoln, Nebraska I live in Colorado

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

Wouldn’t know what

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Answered in 2 hours by:
3/19/2018
WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,547
Experience: Experienced real estate lawyer and real estate broker.
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No, the way title insurance works is the insurance guarantees clean title (or whatever liens show on the report). Since the IRS lien did not show, the title insurance company is responsible for missing it in their title report, and they have no recourse to come after you or anybody else. This is the obligation of the title company if they failed to include it in their title report. That is what title insurance is for, and they are on the hook here, certainly not you.

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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,547
Experience: Experienced real estate lawyer and real estate broker.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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