Title Insurance Issues Attorneys


Title Insurance Issues Lawyers

Real estate transactions can come with many surprises and sometimes not good ones. Purchasing title insurance is very important and can protect you against unforeseen claims to your land. When those unfortunate circumstances do occur, a title insurance dispute can arise.

Filing and disputing a claim can be a long, difficult process and should not be done without the legal skill and knowledge required in dealing with title insurance issues. Tucker | Pollard Attorneys at Law expertise in title insurance will investigate your claim, perform title searches, analyze your title insurance policy and litigate if necessary. Tucker | Pollard Attorneys at Law title insurance attorneys are armed with a wealth of legal expertise to help you succeed in your title insurance claim.

Title Problems

When real property is purchased, title searches and other investigations are performed to ensure the property has no potential problems, such as encumbrances or liens. Sometimes these issues are not discovered even with the most thorough of investigations. These types of problems can “cloud” title and result in restricting the owner’s use of the property, or even worse, losing it altogether.

Title issues are very common and can lead to disastrous results. Various complicated issues can arise requiring you to seek the help of a skilled and competent real estate attorney to guide you through the process of resolving a title problem. Common title problem scenarios include:

  • Inadequate or untrue information given in transferring title
  • Real estate taxes or liens that are unpaid on the property
  • A deed that is forged or a fraudulent transfer
  • More than one mortgage lien on the property creating conflicts in priority of the various liens
  • A long lost heir claiming the real estate
  • Boundary dispute such as a corner of a building built on part of the insured’s property

Title Insurance Disputes

Generally, disputes over title can be resolved without costly litigation. It may be, for example, that the title agent simply made an error and the dispute can be settled. In other situations, a more extensive investigation and legal analysis must be done.

A significant aspect of disputing a title insurance policy is having a clear understanding of the risks the title insurance policy protects against. If this is not understood, it may lead to needless litigation. However, when there is a true dispute and the title company refuses to protect your property interest, litigation may be the only option.

Defending the Title Insurance Company

Tucker | Pollard Attorneys at Law are adept and knowledgeable in defending title companies against claims under a title policy. The most common situations are when title agents make errors on the policy. In this case, the company may be eligible to collect against that agent under an “errors and omissions” liability policy owned by the agent.

Tucker | Pollard Attorneys at Law has extensive experience in representing our clients in title insurance claims and will do the following:

  • Collect claim and underwriting files from the title insurance company or agent if the insurance company does not have them yet
  • Obtain an updated title reports
  • Investigate the claim and your coverage
  • Review and analyze title insurance documents to prepare for interviews with all parties involved, including the title agent and the insured
  • Evaluate the claim to determine if settlement is possible or if litigation is the only option
  • Negotiate your claim for settlement or prepare for litigation