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#460661 - 02/15/18 11:41 PM 5 months after closing, settlement company wants some overpayment money -Me2
Tess Offline
Junior Member

Registered: 02/15/18
Posts: 1
Loc: TX
I saw the thread from 2005, not able to reply. Searched for this topic and found a match. I wanted to say that we were paid over by about $60,000. The title company identified one of the listed loans as personal and would not cover it. 5 months later, same as the last post, they called. Apparently it wasn't personal. Yes, I have tons of loans with payments, it as a large property and $60k wasn't noticed. We were making payments on the "Personal Loan" until I had a serious accident between insurance coverages by a week, actually 9 days. I incurred two days of back to back 10 hour surgeries and weeks in ICU. All of the funds were spent on medical bills and I am now 100% disabled, on SSDI, living in a rental near a rehab. There is no money to return. Nothing to take and sell. I cannot drive ever again. The title company paid the title off to clear it. Ironically, the lender gave me back the 5 months of payments which went right into continued meds and medical hardware. It's been a year today and they are going lawsuit and about to get a declaration of something that says I am judgment proof. I feel like more of a warning to others on the risks of not taking that high priced COBRA option. I was between jobs while enjoying a long awesome road trip to a new home. I sold everything and only took a jacket. Had so much cash that buying it all new was going to be fun. I am very sure that title insurance only helps the buyer.

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#460664 - 02/16/18 08:28 AM Re: 5 months after closing, settlement company wants some overpayment money -Me2 [Re: Tess]
Long Walk Online   content
Member

Registered: 06/27/08
Posts: 400
Loc: New Hampshire
Originally Posted By: Tess
I saw the thread from 2005, not able to reply. Searched for this topic and found a match. I wanted to say that we were paid over by about $60,000. The title company identified one of the listed loans as personal and would not cover it. 5 months later, same as the last post, they called. Apparently it wasn't personal. Yes, I have tons of loans with payments, it as a large property and $60k wasn't noticed.
Tess --- sorry for your health troubles.

There is a lot going on in your post, but it sounds like the title company missed a personal loan that attached to the title of your house (or was it commercial)? Then they closed the sale and gave clear title to the buyer? And now the title company is suing you? Or is it the lender?

There is no declaration available that someone is suit-proof. It sounds more like they have filed a motion for summary judgment. You didn't describe a trial process, so it doubt they are seeking a declaratory judgment.

It also reads like you don't have a lawyer. You really need one, especially if you have other properties. But, it also reads like you are in a difficult financial condition. If that is the case, reach out to your county's bar association and see if you can get a referral for a lawyer to represent you for free. If there is a law school near you, try them as well.

Or, you could file bankruptcy and be done with the whole thing. But, if you have mortgaged properties, a bankruptcy is not going to help.

Let us know how it goes.

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#462360 - 09/10/18 01:27 AM Re: 5 months after closing, settlement company wants some overpayment money -Me2 [Re: Tess]
luckyseven12345 Offline
Junior Member

Registered: 09/09/18
Posts: 5
Loc: Florida
If you have proprieties you are not judgment proof.

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