Legal Question in Real Estate Law in Arizona
real estate
Can I sue causeof financial loss, fustration,pain and suffering due to title company not securing title. thetitle company said I would have to get ex-husband to sign off on the house. I had the decree showing It was awarded to me and they would not except my decree to sell house. I lost a few buyers for my home. Title company told me I would have to go back to court. I couldnt afford an attorney. I went back again after talking to others and showing them that the divorce decree stated that the decree could be used to transfer of all property and real estate. I went back to title company and showed them this and they said they wouldnt still accept my decree. I was told I would have to get power of attorney from ex-husband. So I contacted ex and he sent me the papers giving me power of attorney on said real property and the title company still said no. I lost buyers again. I sold all my assets and had to borrow here and there from friends to keep up mortgage. I almost lost home to foreclosure a few times. I contacted the county and they never heard of such a thing and that my divorce was the deed. I went to another title co. and no problem. but now had to sell at whatever I could get. I lost thousands and put throughh
1 Answer from Attorneys
Re: real estate
You may have a cause of action against the title company. But what I do not understand is why you did not get your ex to sign a disclaimer deed in the first place when this came up. It sounds like he cooperated by giving power of attorney.
You may find an attorney who would be willing to make a claim on a contingency (percentage) fee basis, but would need to explore all the facts with you. We could not take this case in our office, but you might consult with Brian Blum, an Arizona attorney who answers questions on this site, or another real estate litigation attorney.
Good luck,
James D. Jenkins
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