Title Company Did Not Record Title
After 15 long years of paying on our house I went to the County Clerks Office to make sure the lien was released on our home. Since it was an assumable forclosure the lein was released in the persons name we had assumed the loan from. While I was there I wanted to make sure all was well and the clerk checked my records....come to find out the title company never had our title recorded. I called the Title Company and was told that all records had been destroyed because that sale never went through. That floored me. The office manager said she would have an attorney for the firm call me back. He did but wasn't much help. He asked me to send him a copy of the title insurance, which I did. Two weeks later he calls back and says there is nothing he can do and my reply was he will do something because it was not recorded and one of the 6 steps on the title company's website to a proper closing was record legal transfer of poperty. He hemmed and hawed around, and said he would check into the matter. Another two weeks go by and I called him. He said I was right, there was nothing recorded at the county clerks office and he would send me some paperwork to take care of the matter. He sends me Texas Title Insurance Proof Loss Form and tells me to send all documents relating to with it. Several weeks later I call him again and I get no further with him so I called his boss which is the Vice President of the Title firm. This man tells me that since the seller was Resolution Trust Fund that there was no one to go back to to get clear title since RTC was now defunct. I told him I was going to get a real estate attorney and get this all straightened out since I was getting no where. He told me to go ahead I didn't have any damages. I talked to a real estate attorney and he told me I could file suit but he didn't know the outcome. I did find a Special Warranty Deed and I did send it to the title company. The title lawyer took it to the county clerks office and now he's shown as garantor on the property, our names are still not on it. Title company also wanted us to sign affidavits saying the title was lost. I know this is a long post and I'm sorry, but I'm so torn what to do. Should I bring suit? The real estate attorney said this is just a band aid and later when I try to sell my house it will be hard especially if my husband and I have passed and it's up to our sons to sell it. I have title insurance and the title company says they will stand behind it when I decide to sell my house. Since they screwed up the first time I don't want to have to depend on them again. Should I get a good attorney and hope it doesn't cost me thousands of dollars to straighten out this big mess that I have no idea how to handle???? Please help, any help is appreciated.
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