Ground Rent Missed by Title Company

[Puja Matta]

I purchased a property using hard money and now I’m going to refinance and the lender found that there is ground rent on my property which the title company had missed on the purchase. What are my options of recourse? Would the title company he liable/obligated to pay the ground rent or redeem it outright in my behalf due to the error?

[Tom Gimer]

That doesn’t make sense. You would have obtained title via a Deed of Assignment (wherein you acquired the leasehold interest, the only interest the seller could convey) meaning the title company did not miss the ground rent. Check the owners policy — it will state leasehold and the lease itself should be a special exception. Also check the settlement statement for a proration of ground rent and/or an escrow from the seller. 
If the contract was silent on fee vs. leasehold that’s on the buyer, not the title company.

If the property was mistakenly conveyed in fee, you’ll need to re-record as leasehold.