What's the Status of a Home Sale After the Title Company's Check Bounces

[LAURA2021]

My question involves real estate located in the State of: Wisconsin

I "sold" a house. The buyer gave a cashiers check to the Title company and I received a check from the Title company at closing for the proceeds. I signed the deed at closing. The title company's check bounced, however, I was able to retrieve the unrecorded original deed and therefore the property is still in my name. The buyer filed a lien against the property and the underwriting title company is claiming that they have no responsibility in this. So it appears I own a house that I can do nothing with because it is under litigation. I would simply like a judge's ruling as to who owns the house. Since the seller (me) has never received any sort of payment aside from ernest money, how does the sale contract stand? Will the buyer or the seller prevail? Correct me if I'm wrong, but a sale transaction has never been completed since I have never received proper consideration for the property, which makes the contract null & void... Who own's the house and do I have to endure thousands of dollars in legal bills in order to be able to move ahead? Please help... Thank you!

[jk]

and through all of this you never asked the title company about handing over the money? It would appear there is a huge part of the story missing here. Care to elucidate?

[flyingron]

You need a lawyer, but something is seriously wrong here. Trust account checks should not bounce and you shouldn't be able to get at a deed that is held in such trust. I'd be calling the regulators. What do you mean "underwriting title company". Are you talking about the company handling the closing or the issuer of title insurance on the new transaction. In the latter case, yes they have ZERO responsibility to you. The contract STANDS as long as neither party was responsible for the breech. There's some key information missing about this whole thing.