What do I do when there's a lien against my property?
In this case, the lien was put against the property prior to the present owner taking title and that lien was not an exception on his title insurance policy. The owner is now selling the property and the new title company has picked up this old lien. The new title company should call the old title company and ask them to either resolve the old lien or indemnify the new title company so that it will not be an exception to clear title for the new buyers.
Dan: Hey, so I'm in the process of selling my home, I've got it under contract and I'm supposed to close in about a week and a half and I was told during the lean search that the city of Orlando code enforcement has a lean against my home. This lean's back from 2004, I purchased the home about 7-8 years ago, that person had bought it a year before, so it's actually gone through a couple different owners and I'm wondering, do I need to contact my lawyer to try and fight this whole lean from the city of Orlando, or is there some way to get the city of Orlando to drop this lean that's no longer applicable.
Attorney Tom Olsen: Well, Dan, when you bought your home you got title insurance and it is that title insurance that insures you against this kind of problem. So what happens more than likely is your existing title company, the people who are closing this for you right now on your behalf, they will reach out to the title company that issued you title insurance when you bought it eight years ago and then that title insurance company will resolve this issue for you.
So, Dan, without much effort or little or no effort on your part at all this issue will probably go away and it starts by your existing title insurance company reaching out to your old title insurance company and between them getting it worked out.
Dan: Okay, well that's a lot easier than having to work through my lawyer that kind of handled the deals and everything.
Attorney Tom Olsen: Yes. Dan, you should not be having to pay attorneys fees to get this issue resolved for you.
Dan: Is this something that hopefully they should be able to resolve, I mean we're talking like a 10-day cycle until we're closed.
Attorney Tom Olsen: I think it can be resolved with a phone call Dan. Just that easy.