Legal Question in Real Estate Law in Indiana


We purchased a home 2 years ago, and the deed has not been filed, we cannot file a homestead exemption because of this, our monthly payments has raised over 100.00 more a month. I have called the title company numerous times and they keep telling me the lawyer is working on it, what should I do? Thanks

Asked on 1/25/08, 2:58 pm

2 Answers from Attorneys

Mark Voigtmann Baker & Daniels

Re: deed

I would recommend filing a claim on your title insurance policy. This would be sent to the insurance company whose name appears on the policy of title insurance that you received at closing, with a copy to the title company (which may or may not be owned by the title insurance company--indeed, probably is not in this case) Such a "demand" letter (best created by an attorney) would get the attention of the title company. Not being deeded the property is very much covered. You would seek payment of all expenses you have incurred as a result of the delay.

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Answered on 1/27/08, 11:19 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: deed

Something sounds very improper here. You need to hire an attorney asap as there are many possible ramifications here, including with the IRS and State Department of Revenues.

You need someone who will be aggressive with the title company where the closing took place and the

insurer who actually insures the title. You need to find the title policy and also your HUD statement from the closing. There should be an expense for an attorney drafting the deed and that should show who the attorney was.

I would not waste another day on this.

Find an attorney who does real estate work, now!

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Answered on 1/27/08, 3:39 pm

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