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Home>Levelset Community>Legal Help>Is the Title company responsible for any liens on a home in Texas if they close on the home a declare the title is clear, even though a lien was filed?

Is the Title company responsible for any liens on a home in Texas if they close on the home a declare the title is clear, even though a lien was filed?

TexasLien ForeclosureMechanics Lien

I filed a lien on 9/14/2017.

1 reply

Oct 12, 2017
If an otherwise valid lien was filed prior to the closing and the title company just overlooked it, a lien claimant is generally allowed to proceed as s/he otherwise would, and could file an enforcement/foreclosure action against the property.

In a successful suit, the new owner would be forced to pay (or the property would be sold) to satisfy the claim. However, the new property owner would likely have a claim against the title insurance company (and the previous owner), and would bring those parties into the suit - where they may be forced to pay instead of the current property owner.
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