Can a title search specify how many years to go back for leins?

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I had a lawyer do a title search and he only went back to the previous lawyers search. it turns out there was a lein on the property that neither lawyer had uncovered. when i went to sell the property, the buyer had uncovered the lein with no problem. Where did both attorneys go wrong?

Attorney Answers

3
Andrew Myers ·
Hopefully a Connecticut attorney will chime in with your answer. In New Hampshire, title standards require that we go back 50 years. So, for example, if I had certified the title in NH, and the lien was less than 50 years old, and it was properly recorded, and I missed it, I would be liable. If a Connecticut attorney does not answer your question here, then go on line and do some research as to CT title standards, or find a CT real estate attorney to assist you. By the way I was taught in law school that only going back to the previous certification was bad practice, requiring one to rely on the work of someone else unknown. Also, doing basic titles is much easier now in that much of the work, not all, can be done on line. This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
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Richard Hastings ·
Your attorney should contact the company that insured your title. This should be a title defect that is covered under your policy that will be taken care of by your title insurance company at no cost to you..
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Michael D FoxGeneral Practice LawyerLeonard, TX ·
Unlike the non-Connecticut attorney who answered, I do not believe every attorney wither should or would do a 50-year search on every property in every circumstance. There are several different types of search that can be conducted depending upon what needs are being addressed. It sounds, from your description, that a refinance occurred (this is why one would go back only as far as the previous title search - he prior title insurance would likely cover the prior title period.) Sometimes, defects in title (liens for instance) are not placed in the record properly - for instance, someone at the town clerk's office might have mistakenly entered the instrument under the wrong name, have a "lazy s finger" (type an "a" instead of an "s"), or some other such thing. Since you have not told us WHY the lien was not caught, or when it arose, or why it arose, we can not really offer you any opinion as to what should have occurred. I suggest that, if you are really concerned, you consult with an attorney - pay them for their time - in order that they be able to explain to you what might have occurred and whether you have any recourse available to you.
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