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    lovenwolves's Avatar
    lovenwolves Posts: 1, Reputation: 1
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    #1

    Oct 21, 2012, 08:26 AM
    What are our rights if the title company didn't complete affidavit of affixture
    7 years ago we purchased a manufactured home on one acre. A year after we moved in we were notified taxes weren't being paid on the home itself and that there are two separate county assesments every year, one for the house itself and one for the land. We were not disclosed this information from the title company. Since then we have been making a payment through our lender for the land and one personally for the house. We are trying to refinance for the harp program and was told we can not do it without a completed Affidavit of Affixture. I tried to get MVD to sign off on one and they refused as the home is not showing titled in their system. I was told by them that we need to have a bonded title competed before they will sign off on it. I contacted the title company's insurance company and they show an affidavit of affixture was started when we bought the house but it was not complete by DMV and there was no follow up. The title company has sent an inquiry to their claims dept but it will be a month before we are given any information. In the mean time I was wondering what the title companies responsibility are in this situtation? Do we have any legal rights if they are unable to fix the problem and are w still responsible for the loan?

    Thanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 21, 2012, 09:00 AM
    If you purchased title insurance, then the title company is generally required to pay the costs in securing clear title. If they did not complete their responsibilities of providing clear title or an explanation of why they couldn't, then its up to them to do so.

    You may still be responsible for any recording fees you would normally have had to pay, but they are responsible for the cost of defending your title. However, you need to read the title policy as that will spell out exactly what their responsibility is.

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