Wednesday, May 03, 2017

Title Search Error, Missed Lien: Despite Making Prompt House Payments On His Own Loan, Utah Resident Finds Himself Facing Foreclosure On Prior Owner's Unsatisfied Mortgage Eight Years After Home Purchase, Then Finds Himself Forced To Hire Lawyer & Complain To Local Media Consumer Troubleshooter To Pressure Title Insurer To Finally Fix Screw-Up

In West Jordan, Utah, KUTV-TV Channel 2 reports:
  • Clint Lowry's has owned his West Jordan home for eight years.

    He calls it his “dream house,” but last summer, his he was facing a nightmare. Someone slapped a notice to his door that his home was facing foreclosure and was about to be sold to the highest bidder. "They are, basically, going to throw me and my family out on the street," he said.

    Lowry makes all of his mortgage payments and his credit report shows no indication he is behind.

    So, why is he on the verge of losing his home?

    It turns out, the home is being foreclosed over a debt owed by the guy who owned the home before him. "Because of this guy's 2006 debt, 10 years later, they're coming after me for his debt for the original owner," Lowry said.

    Desperate to save his home, Lowry asked if he could pay off that debt. He was told, no. In fact, because the debt isn't Lowry’s, the lender won't even tell him how much is owed.

    Lowry also filed a claim with his title insurance but, after several months, he said they haven’t stepped up to resolve the problem.

    "I'm pissed!” he said. “I'm emotional. I don't know what to do. I'm losing everything I've worked for -- everything!"

    Lowry decided it was time to [local media consumer troubleshooter] Get Gephardt.

    When we reached out to Lowry’s title company to ask how this could have happened, a spokesperson told us they were working, "to obtain additional information," about the situation. In the meantime, good news for Lowry: "The previously scheduled foreclosure sale has been canceled,” a spokesperson wrote.

    Lowry also hired attorney Lonn Litchfield who was able to pressure the title company and lender to stop the sale before it was too late. Litchfield said it happened with just in the nick of time.

    "The foreclosure process takes four months and, about one week before that four months was over they finally said, ‘Oh, OK, I guess we do have [pay the claim]."

    Lowry’s title company, Fidelity National Title, stated in an email they "met and even exceeded" their "obligations" under Lowry’s title insurance policy.