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Re: Need help with this one - lien priority?

Posted by Joe Kaiser on June 14, 2003 at 8:07 AM

In Reply to: Need help with this one - lien priority? posted by Angela, MN on June 13, 2003 at 8:04 PM

Title companies make mistakes all the time, and missing a lien is not an uncommon one.

They also realize the make mistakes and write title policies accordingly.

I don't recall the actual language, but the last time I checked there was a clause that talked about actual knowledge of undisclosed title issues.

In short, if you know about it, it exists, whether the title company has noted it or not.

I suppose you could pretend otherwise, but also suppose you would not be able to survive the resulting deposition. They'd get everything they'd need to defend themselves from the former owner, so it wouldn't likely be a sustainable claim.

Joe Kaiser


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