Posted by John Merchant,JD on March 14, 2002 at 21:57:01:
In Reply to: TITLE INSURANCE MISS posted by d. christmas on February 24, 2002 at 22:12:49:
Do you ask your yard man for medical advice? Or your newspaper delivery person about dental matters?
Then why are you asking a non-lawyer for LEGAL ADVICE?!
You need to get serious about this and go see a real estate knowledgeable attorney.
Some questions I have, from your short post are:
One, if the debt was in your husband's bankruptcy, does it still exist or was it discharged in bankruptcy? If it was discharged, it no longer exists and the lender is maybe breaking Federal law in trying to collect from you or your husband.
Two, even though your husband may have got a discharge in bankruptcy, what are the lender's rights and duties as to its property lien? And does your husband have the right to get that lien discharged? Maybe, maybe not.
Three, would the title policy benefit YOU? I doubt it. The beneficiary of the title policy is your lender, and he/she/it has a very good claim, I think, against the title insurance company. That claim doesn't belong to you but to the lender.