Reply To: Title Company Recognizes Lien Date as part of CSED

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#44976
Michael Redden
Participant

Your issue here is not primarily in two areas. First, the title examiner who examined the title found the notice and did not understand the statute of limitations.

Secondly, you have to remember the purpose of the title examination. The lender wants a lender’s title insurance policy. The biggest question that you need to ask is what are the title insurance carrier’s underwriting guidelines for tax liens. These will potentially be different for each title insurance carrier.

That’s all that matters here. What will the title insurance carrier accept so that you can fulfill the requirements of schedule B-1 and/or B-2 of the title insurance commitment. This commitment likely also contains the contact information for the title examiner themselves.

This is the ONLY person worth talking to in this conversation. Don’t rely on the closer/escrow officer. Get right to the source. You should be able to pose this question directly to the carrier/underwriter through the title examiner and possibly get them to see things your way.