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Title Insurance Doesn't Prevent Liens

New Home Buyers Not Immune To Liens

POSTED: 3:48 pm CDT May 5, 2009
UPDATED: 7:15 pm CDT May 5, 2009

It was supposed to protect them. But as the Channel 4 I-Team first exposed, homeowners are saddled with liens even with title insurance.

In an I-Team story Monday, home subcontractors said the contractor never paid them, leaving homeowners with letters from lawyers saying to pay the lien or be forced to sell their homes.

"If a person doesn't have a clear title to the house, they don't own anything," said realtor Richard Courtney. "So, therefore, they can't sell it. They can't do improvements on it. Really, they'll be improving someone else's house."

Insurance experts said standard title insurance covers the basics, such as ensuring the title isn't forged and all signatures are valid.

But not all policies include mechanics lien protection -- necessary to avoid subcontractors' claims.

Also, title insurance covers all liens prior to closing. Homeowner Lynn Thomas got a lien after she closed. She's still waiting to see if her title insurance will cover her.

"It's really killed the joy of building a home," she said.

There's an incorrect perception that title insurance is only for older homes because people think that in buying a new home, they're the only owner and can't be saddled with a lien from a prior owner.

But when a subcontractor says he or she hasn't been paid, new home buyers can get liens as well.

On average, for a new, $300,000 house, title insurance will cost about $1,500.


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