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  1. #1
    Join Date
    Jan 2007
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    1,695

    Default Lawyer did not purchase title insurance

    The lawyer who did the title search was paid for a owners' (and also lender's) title policy which he apparently did not purchase. I have a copy of the original bill, a carbon of the certified check made out to the firm, and never received any bills after that time.

    Should he now have to provide the policy? Should he also have to pay the legal fees that we have had to pay a new lawyer to try to get the original policy? Should he be responsible for paying to solve a title problem that could have been turned in to the title company had the policy been in effect?

    Thank you.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Lawyer did not purchase title insurance

    The lawyer who did the title search was paid for a owners' (and also lender's) title policy which he apparently did not purchase. I have a copy of the original bill, a carbon of the certified check made out to the firm, and never received any bills after that time.


    Should he now have to provide the policy?
    He can't give you waht he doesn't have but he would need to refund the money paid for the policy.

    Should he also have to pay the legal fees that we have had to pay a new lawyer to try to get the original policy?
    What legal fees? You call up the title company and tell them you want to purchase a policy. They research the title and issue a policy if they are comfortable doing so. They will even issue a policy after a purchase if they determine it to be acceptable to issue a policy.

    Should he be responsible for paying to solve a title problem that could have been turned in to the title company had the policy been in effect?
    yep , but only if the title company would have in fact paid to solve the problem if a policy were to have been in place.

  3. #3
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Lawyer did not purchase title insurance

    Quote Quoting jk
    View Post
    He can't give you waht he doesn't have but he would need to refund the money paid for the policy.

    ***** He has made no offer to so. Do I have to sue him in small claims or go to the bar association?

    What legal fees? You call up the title company and tell them you want to purchase a policy. They research the title and issue a policy if they are comfortable doing so. They will even issue a policy after a purchase if they determine it to be acceptable to issue a policy.

    ***** I had to engage another lawyer to get the first one to provide any information and obtain the policy information. The only information that was provided to me when we did the closing was a flyer with no policy number. When I contacted him about a title problem that arose, he said since it had been over 20 years that it didn't matter even though I could not get a refinance on the house due to the problem. He never notified us that the insurance had not been purchased. I have to pay for another title search in order to get the policy. Should he not have to pay for this since it is an extra expense due to his failure to obtain the policy immediately after the original title search?

    yep , but only if the title company would have in fact paid to solve the problem if a policy were to have been in place.
    ***** The title insurance would have covered it if it were in place.

    Thanks for your reply.

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