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Originally Posted by retiredguy123
You are correct that the attorney who does the title search is liable, but you would need to hire another attorney to sue the title seach attorney. Good luck with that. If you have a title insurance policy, you just file a claim against the policy like you would with homeowners insurance. But, it is a money making scheme, like homeowners and auto insurance. A title insurance policy is only paid for once, and it covers you for life, unlike homeowners and auto insurance that you need to pay for year after year.
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Typically, you cannot sue the person who did the title search. The law is that a title search is not performed for the home owner. Rather, it is performed for the title company so that they can decide what to insure. If there is an issue with your title, the remedy is to then file a claim under your title policy. Most states do not recognize a cause of action for a “negligent title search”. You can get around this by ordering an abstract of title - which can be more expensive than a standard title search.