how can I get my money, if my title company went out of business and never issued a settlement check to me at closing. Is there any insuranc...

Question

how can I get my money, if my title company went out of business and never issued a settlement check to me at closing. Is there any insurance to cover this loss?

Answer

You should have received checks for any amounts due you at the settlement. If you were the buyer, you should also have received a "marked-up" title insurance commitment or an original title insurance policy. If you were the seller, it would have been helpful to also have received a "marked-up" title insurance commitment.

You should have a HUD-1 Settlement Sheet in any case. It will show the title insurance agency and may show the title insurance company - not necessarily the same. If you dealt with an agent, contact the insurance company.

You may have a very difficult time in getting your money, if it is at all possible.

Consult with a real estate lawyer, or with the lawyer who represented you at settlement.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Answer

Money that is held by a title company is held in escrow (essentially a trust) for the parties. It is not the property of the title company and not subject to its debts. If you should have gotten money at settlement and did not, there is the possibility of a criminal action as well as a civil action. Feel free to call and we can discuss the facts in more detail.

See also: http://info.corbettlaw.net/lawguru.htm