Legal Question in Legal Malpractice in California

Is a seller liable to lien holder errors made by escrow and title companies, causing a lien not to be paid and a property to be sold with a clouded title, which was buyer was not advised of and would it be necessary for lien holder to sue escrow and title company as well as seller?


Asked on 10/24/11, 11:06 pm

3 Answers from Attorneys

There is no way to tell who is liable without reviewing the escrow file and the purchase/sale transaction documents.

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Answered on 10/24/11, 11:14 pm
Joel Selik www.SelikLaw.com

It would appear based on the facts given, that the Title Company would be responsible.

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Answered on 10/25/11, 6:10 am
Herb Fox Law Office of Herb Fox

First, this is posted in the wrong category. It is a litigation/real estate question, not legal malpractice.

Next, we would need more information to determine the best course of action for the lienholder, who may still have lien rights against the property even it the lien was not disclosed to the buyer. Much depends on who knew what; the value of the lien, the value of the property, and other factors. Sometimes you sue everyone; sometimes you pick and choose. My best advice is to consult a real estate litigation attorney,

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Answered on 10/25/11, 10:24 pm


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