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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Missed lien, who pays? Posted by Ward-CA- on October 26, 2001 at 9:51 PM In Reply to: Missed lien posted by les on October 26, 2001 at 6:02 PM : I recently purchase a home at the sheriff auction sale which I over-bidded the senior mortage holder. The mortage holder did have the title search, but the title company they used fail to pickup a lien. I am in the process of selling the home now and the new title search pickup the lien. What recourse do I have? I am talking with the attorney who started the forclosure action. =•=•=•=•=•=•=•=•=•=•=•= Les, the title company is ultimately liable for their error. However, you would sue whoever processed the foreclosure of the property for dereliction of duty in not discovering and giving proper notice to all lien holders, as required by state code. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : I recently purchase a home at the sheriff auction sale which I over-bidded the senior mortage holder. The mortage holder did have the title search, but the title company they used fail to pickup a lien. I am in the process of selling the home now and the new title search pickup the lien. What recourse do I have? I am talking with the attorney who started the forclosure action. : =•=•=•=•=•=•=•=•=•=•=•= : Les, the title company is ultimately liable for their error. However, you would sue whoever processed the foreclosure of the property for dereliction of duty in not discovering and giving proper notice to all lien holders, as required by state code. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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