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Can we get a refund on title insurance if they messed up and we did not have title in our names for a year?

Asked over 2 years ago - Fremont, CA

We bought a house one year ago. The title was never placed in our names. The title company never recorded the deed. We were curious about our tax bill and that's how we found out that the title wasn't in our names. We called the title company and they knew of this and was in motion to fix it. We were expecting the property tax refund. Now it will take months to get it. Is there any compensation that we can get due to the fact that we've paid one years worth of title insurance but never held the title to our home?

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Attorney answers (1)

Pamela Koslyn

Reputation Level 20

Answered over 2 years ago. Business Attorney in Los Angeles, CA.

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You can ask for a refund, and maybe they'll agree because not recording the deed for a year is pretty negligent, but I don't think you had any damage from this slip up. You had no title claims in that year, and if you had, the title company would have had to honor them.

It's not clear if you were able to pay your property taxes on time, because I don't know how you got the bill from the assessor without being record owner, but it seems you did. If you weren't able to pay your property taxes on time because you didn't get the bill, I think you should get penalty amount from the title company.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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