old mortgage was missed by title company

old mortgage was missed by title company

Investor · Syracuse, NY · Member since 2010 · 165 posts · 75 votes

I bought a house last summer.  Used attorney, title search was completed by local company (vanguard title), obtained title insurance for purchase price of $50k.   I rehabbed house put $65k in to it and in the last week I was there December 2025, was notified there is a previous reverse mortgage on the house.  After contacting title company, they said yes we missed it when doing the search.  At that point they put me in touch with the title insurance company (chicago title).  Still trying to get the mortgage balance so that is what we are waiting for right now . but title insurer says no matter what the balance, if it exceeds $50k they are only on the hook for $50k.  I have been told I can go after the professional liability insurance of Vanguard, who did the initial title/abstract search.  Is this correct?  

being a reverse mortgage, i dont know the balance but im expected well over $100k

I bought the house from the stepson of the previous owner who has the mortage.  Apparently he just did a quit claim deed to the stepson and I bought from stepson.  Stepson has no assets to go after and the previous owner who had the reverse mortage has since died.  

What a mess!  Ill take any advice on what to do next!

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G. Brian DavisPro Member
Investor · Hatboro, PA · Member since 2016 · 2k+ posts · 845 votes
5mo

Hey @Dave Charron, that’s a tough situation.

The title insurance limit is typically capped at your policy amount, so what they’re telling you is standard. But yes, if the title company missed a recorded lien, you may have a claim against them through their errors and omissions insurance.

At this point, the most important move is to get a real estate attorney involved who has experience with title claims. They can push both the title insurer and the abstractor, and help determine whether the lien can be cleared, negotiated, or fully covered through a claim. You may end up recovering through a combination of title insurance and a claim against the title company, but you’ll want someone advocating for you on that.

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  • G. Brian DavisPro Member
    Investor · Hatboro, PA · Member since 2016 · 2k+ posts · 845 votes
    5mo

    Hey @Dave Charron, that’s a tough situation.

    The title insurance limit is typically capped at your policy amount, so what they’re telling you is standard. But yes, if the title company missed a recorded lien, you may have a claim against them through their errors and omissions insurance.

    At this point, the most important move is to get a real estate attorney involved who has experience with title claims. They can push both the title insurer and the abstractor, and help determine whether the lien can be cleared, negotiated, or fully covered through a claim. You may end up recovering through a combination of title insurance and a claim against the title company, but you’ll want someone advocating for you on that.

  • Investor · Syracuse, NY · Member since 2010 · 165 posts · 75 votes
    5mo

    Thanks for the reply.  Ive spoken to a couple attorneys.  One didnt know ****.  The second one is ready to go but suggested i at least let the title insurer find out the balance for me.  Then if the title search company does not pay off the mortgage that is left after the $50k title insurance, then he will represent me and sue them for the payoff and damages.

  • Member since 2018 · 1k+ posts · 1k+ votes
    5mo

    Economic damages are usually not available in tort where there is a contract between the parties. Your state may be different. Your contract provisions may be different.

    is reverse mortgage daddy dead? Mortgage company may have claim against his estate. It may have claims against its own insurance for failing to check property was still owned, etc., and then there’s doctrine of marshaling assets.         
     
    You’re not defenseless, but you do have an uphill battle. see a lawyer. That’s the only advice anyone can give you.


  • Specialist · Winter Springs, FL · Member since 2009 · 1k+ posts · 747 votes
    5mo

    I believe that if a title search and exam was done for the purpose of issuing a title policy, there wouldn't be abstractor's liability, but getting advice from an attorney is the best thing you can do.

  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    5mo
    I agree with the other comments that you must get an attorney. What state is this in? Also, I am not an attorney, but I'm going to think that you bought up for 50,000, and that's what they would be considered liable for. The issue is you went and provided the home and then got an increase on the title policy, which most people do not know they should do. That is not the fault of the abstractor. (Increased value)
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  • Investor · Syracuse, NY · Member since 2010 · 165 posts · 75 votes
    5mo

    Im in NY.  Im going to get the attorney going as soon as I have a payoff amount.  It was also suggested that i file a complaint with the NYS Department of Financial Services to see if that will get things moving faster.  I know the title insurance is only $50K and thats all Chicago Title  are liable for.  But I hired Vanguard for a "title search" and the house was bought depending on them telling me it was a "clear title". I would not have bought it if they had discovered the previous mortgage.  They have definitely been "negligent" and will be held responsible to clear the title.

    • Specialist · Winter Springs, FL · Member since 2009 · 1k+ posts · 747 votes
      5mo
      Quote from @Dave Charron:

      Im in NY.  Im going to get the attorney going as soon as I have a payoff amount.  It was also suggested that i file a complaint with the NYS Department of Financial Services to see if that will get things moving faster.  I know the title insurance is only $50K and thats all Chicago Title  are liable for.  But I hired Vanguard for a "title search" and the house was bought depending on them telling me it was a "clear title". I would not have bought it if they had discovered the previous mortgage.  They have definitely been "negligent" and will be held responsible to clear the title.


      Good luck, and please let us know how it goes. I’d be interested to hear if you gain any traction.

  • Investor · Syracuse, NY · Member since 2010 · 165 posts · 75 votes
    2w

    Update- Title insurance paid $50k, Title Search companys insurance paid $47k, I paid $5k. Total $102k. Mortgage satisfied. Took 8 months to get this done.

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