Legal Question in Real Estate Law in Texas
death and real estate
homeowner passes away and there was an abstract of judgement ,his residence was homestead ,the title co . let sell of home take place and didnt honor judgement is there legal grouns against against title co.
2 Answers from Attorneys
Re: death and real estate
Title insurance should cover the loss to the buyer of the house if a policy was purchased. Then, the title insurance company will look to the estate to cover the loss - this is the concept of recoupment from the rightful obligor. Title insurance is a contract of indemnity and the concept is to "make things right."
Re: death and real estate
If the lien were properly abstracted, then you would have a claim against the buyer and/or the seller. The claim would likely be covered by title insurance, but since you were not a signatory to the title insurance, they would have to make the claim.
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