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View Full Version : New Home Owner Facing Les Pendens (Need Help)


306jerry
Nov 12, 2007, 08:39 AM
I purchased my home on Oct 25th and on Nov 5th found out the following:
1. In Apr 07 2 weeks prior to my builder buying my lot a judgement was issued on my Lot and Subdividision. The Developer was sued but yet sold my Lot to my builder.

On Nov 5th- received a packet in the mail from the lawer who represents the plaintiff who sued the developer. 1 letter stated they notified our builder my mail telling him to have his lawyer contact them reference the lawsuit. Additionally, another letter stated that an amended Les Pendens was file on 5 Nov against the builder/his bank & me and my bank. When we called the lawyer he stated that we should forward the paperwork to our title company. I called my lender and they stated they received a clear title!

So I contacted the closing attorney who stated that the title company cleared the title on Oct 11th; now since this issue has arisen against me and others in the subdivision - the title company did more research and found something but it was not indexed. Supposedly, all parties are involved in a talk to try to resolve this.

What should I do beside waiting as the NEW homeowner? Can anyone take my home from me?
Thanks

ScottGem
Nov 12, 2007, 09:06 AM
This is why you buy Title Insurance. The Title company has guaranteed clear title to the property. If they screwed up and missed something, then they will have to fix it and pay for fixing it. So bascially you turn it over to them and let them fix it.

At the worse, you may have to pay something to settle the suit against the Developer, but the Title company should pay this.

306jerry
Nov 12, 2007, 02:05 PM
ScottGem,

Thanks of the information.
Additionally, what can be done if the builder still has work to do on the house but taking his time to get it done. Things like: mortar still missing on the steps..

Fr_Chuck
Nov 12, 2007, 02:08 PM
You end up sueing the builder, since it should state in your purchase agreement that this work to be done.