Legal Question in Real Estate Law in Texas

facing forelcosure from prior owner's lien

Hi there

We purchased a property last year and went thru the normal closing and title insurance process. However, now a lien holder has come forward and has started to foreclose on our house for a lien that belonged to the previous owner (the seller in our case) that they said was released due to a mistake. Can they foreclose my property to recover that lien even though I had nothing to do with it and when we bought the property the lien was showing as a release.

Please advise.


Asked on 6/15/04, 3:35 pm

1 Answer from Attorneys

Joseph A. McDermott, III Attorney at Law

Re: facing forelcosure from prior owner's lien

This is just the thing your title insurance should cover. Send copies of the foreclosure paperwork to the title company, TODAY, along with a letter stating you are making a claim under your policy and demanding that the title insurer protect your property from foreclosure.

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Answered on 6/15/04, 3:55 pm

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