[WSBARP] King County / West Side Litigation Counsel - Claim Against Title Company

[Paul Neumiller]

Do you really have a claim against the title company?  It was my understanding that you needed to foreclose on the lien of the deed of trust and the homeowner then tenders a claim to the title company.  If the title company denies coverage, isn't it the homeowner's claim of improper denial of coverage.  The homeowner is the insured party, not the holder of a deed of trust.  I am happy to be corrected if my understanding is incorrect.


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rob Rowley
Sent: Monday, August 22, 2022 1:31 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] King County / West Side Litigation Counsel - Claim Against Title Company

I need to refer a good Spokane private lender client to west side litigation counsel.  I have been working with them on a claim against the title company.

Private lender's deed of trust was recorded in King County six weeks prior to a residential sale closing by a large national title company who both issued title and closed the sale of the residential property to a new arms length third-party.  Completely missed the deed of trust.

Claims underwriter says no liability.

Self referrals are welcome.

I am of a certain age where remember title companies would actually accept coverage and write checks when they clearly missed something that is recorded.  Just the ever episodic expansion and contraction of title company underwriters writing checks.

Robert R. Rowley
Attorney & Counselor At Law
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