Who can we get compensation from if an erroneous lien on our property delayed our closing costing us another months payment?

We are refinancing our condo. The company doing the refi was getting the title and the title company couldn’t release it for over a week because there was an erroneous lien on my husband’s name on our property. The lien is for a medical reason to go against a settlement, not even a property lien. And the lien isn’t for my husband. The county recorder just matched the name to my husbands without even checking SSN, birthdateay or middle initial. It’s for a 9 year old boy. This has caused us to pay more for longer. Is there someone we can get compensation from?

Asked on July 24, 2012 under Real Estate Law, Arizona

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

There is probably no one you can successfully sue in this situation.  If the screw up was made by the county recorder's office, whoever made the mistake is going to have immunity from any sort of negligence action because it was an Arizona government employee doing his job.


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