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our title search did not reveal lien on property....now we had to file bankruptcy to avoid foreclosu

what can we do....what is the statute of limitations in ohio...is this something we should pursue
  • December 16 2008 - Valley City
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Answers (2)

Liens on "title" or the property do not seem to be removable by a bankruptcy.  However, this is a legal question you are asking and unless there is an attorney lurking around to shed a legal light on this, I would look to seek local, OH legal help. Title insurance was usually obtained at purchase for the homebuyers. If a lender was involved, insurance for them as well was obtained and paid for.  Yes I would pursue this through an insurance claim, but I really don't think a BK could have removed it in the first place.  I can't give legal experience, but will give you my 20 years of experience if you can offer any more facts surrounding what lien (who, where and when) when you bought, who (if any was the lender), etc.  Good luck and happy holidays.
  • December 16 2008
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So you have a lien that was created prior to you owning it? If you have a mortgage I would assume that there was a owner's and lender's title insurance policy issued. This is the type of thing it insures against as long as you own the property although I don't know the details of your situation. If you can find your policy it will list all of the conditions and endorsements of the policy. It should be with your closing documents but could be provided by the closing agent.

  • December 16 2008
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