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TJ1SM
08-23-2006, 06:50 AM
Last year I sub contracted home improvement work off of a contractor that I have done work before with no problems. Until he shorted my pay on a job, I took him to small claims and won. We worked on a 2nd house during the same time as the job he shorted me. Ok I had a lawer put a machaincs lien on the house ( which was to be flipped ) they found a buyer and sent me notice to commence suit July 14 2006. It stated that I had 60 days, but they sold the house and the deed was transfered on July 31 2006. How can they sell the house without paying off lien?? And what can I do now?? The lawer that I used said he would look into it but am I running out of time or is it up???
And is this the right place for this Question?

TJ1SM
09-07-2006, 07:16 PM
can I go after the tilte company for allowing the deed to be tranferred when they knew the house (deed) had a lien on it ???

Marketeer
09-08-2006, 03:55 PM
Since you were not the purchaser of the title insurance policy on the sale of the house, you have no recourse against the insurance company. The person who purchased the house does. I would suggest finding another lawyer who will commence suit on your behalf.

titletopics
09-14-2006, 08:01 AM
I do not completely agree that you have no right to go after the title insurance do to not being the buyer. The insurance they purchased was to protect them of free and clear title and they do not have that. You would want to have your attorney make contact with the title company that handled the transfer. Having it made clear that you wish to know there underwriter and that a claim will be started if this is not settled. Then contact the underwriter about the same. You do not need the new homeowner to start a claim on your behalf.
You want to get this started soon since I do not believe you can extend or refile your type lien in Ohio.
the opinions I state are mine and do not constitute legal advice.
Title Topics does title insurance and closings in all 50 states

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