I built a new house that was completed in July. I got a loan and everything was financed. I found out that the builder did not pay some of the contractors. I did pay title insurance. Is the title company suppose to protect me? How do I get these Liens off? Also, how do I get the builder to fix the problems in my house? I have a one year warranty.:confused:

Hello roxie:

Sue the builder.

excon

Who are you Sue? Do I know you?

If the liens were placed before the title search then the title company does help protect you. You need to file suit against the builder to pay off the liens.

No. The title company is supposed to insure that you are getting clear title. It is the responsibility of the seller to make sure all liens are paid at the closing. The purpose of Title Insurance is to cover you for the cost of clearing title if something comes up they didn't find. But they don't pay the value of the lien, just the costs.

P.S. don't use comments for followups, reply to the thread instead.

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Originally Posted by roxie59

who are you Sue? Do I know you?

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Hello again, roxie:

Yes, we dated once. I'm Sue Builder - don't you remember?

excon

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Originally Posted by ScottGem

No. The title company is supposed to insure that you are getting clear title. It is the responsibility of the seller to make sure all liens are paid at the closing. The purpose of Title Insurance is to cover you for the cost of clearing title if something comes up they didn't find. But they don't pay the value of the lien, just the costs.

P.S. don't use comments for followups, reply to the thread instead.

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So your saying I need to get a lawyer and sue them. The builder forged signatures at the time of the closing. I understand the title insurance co. doesn't pay the value of the lien but they will take the lien off my property right? And they are the ones that go after the builder. I paid my money when I got financed.

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Originally Posted by excon

Hello again, roxie:

Yes, we dated once. I'm Sue Builder - don't you remember?

excon

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You are weird, I neverdated a Sue.

The only way to remove the liens are to have them paid or have the lienholders remove them. The title company can't take the liens off, they can only provide you with legal representation in your quest to remove the leins. If the builder committed fraud during the closing, then you have a criminal case against the builder.

Hello again, rox:

Even though we're not sexually compatible, I think you ought to look into the escrow company, or whatever entity did the closing. I think THEY were responsible for paying off the liens at closing.

excon

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Originally Posted by ScottGem

The only way to remove the liens are to have them paid or have the lienholders remove them. The title company can't take the liens off, they can only provide you with legal representation in your quest to remove the leins. If the builder committed fraud during the closing, then you have a criminal case against the builder.

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I already contacted my title company and they told me to write a letter to them about the situation. Does the Title Company pay my legal fees with a lawyer then? Thanks you have been a Great Help. This has been a total nightmare for our family. The builder is also not fixing things in the house and we have a Warranty with them.

The title company guarantees you clear title. If they missed something that is an encumbrance on the title it's their responsibility to get it fixed. They will cover any costs in getting it fixed other then paying the lien off.

excon has a point that the company that managed the closing may also have some responsibility.

As for getting the builder to adhere to the warranty, you will probably need to take him to court.

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Originally Posted by roxie59

I built a new house that was completed in July. I got a loan and everything was financed. I found out that the builder did not pay some of the contractors. I did pay title insurance. Is the title company suppose to protect me? How do I get these Liens off? Also, how do I get the builder to fix the problems in my house? I have a one year warranty.:confused:

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The Attorney who closed on this property for you should have made sure everything was clear - I would ask him/her how to proceed. Someone wasn't on the ball.

If you have a warranty on the house and need repairs send a certified letter to the builder stating what repairs are needed.

I would think there's a possibility that if this is how the builder does business in general you might wait a long time for the repairs!