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[+] Comment on "ALTA Supportive of Private Right of Action for Competitors Against Sham AfBAs" - Source of Title/OH (2 replies)
1/17/2012 10:15:19 AM (2738 views)

Supplements - Rebecca Cowart/MS
1/17/2012 10:07:29 AM (2197 views)

[+] United One Resources - Marian Severance/PA (15 replies)
1/16/2012 1:50:29 PM (3540 views)

[+] Global Data/ Title Prep - Leigh Attridge/MA (4 replies)
1/16/2012 9:33:08 AM (3097 views)

[+] Online searches/title plant question - Rebecca Cowart/MS (4 replies)
1/15/2012 8:24:01 PM (3134 views)


Real Title Services


[+] Robo-signing debate continues - Wyatt Bell/FL (7 replies)
1/15/2012 2:32:24 PM (4325 views)

Inside the Fed in 2006: A Coming Crisis & Banter - Leigh Attridge/MA
1/13/2012 8:42:46 AM (3730 views)

[+] ServiceLink - Rene Blevins/VA (8 replies)
1/11/2012 10:14:44 AM (3773 views)

[-] Interesting Foreclosure Issue - Abstractor/TN (6 replies)
1/10/2012 5:12:49 PM (2722 views)
Re: Interesting Foreclosure Issue - Robert Franco/OH
1/10/2012 7:07:14 PM (2707 views)
Re: Interesting Foreclosure Issue - Abstractor/TN
1/10/2012 8:27:26 PM (2688 views)
Re: Interesting Foreclosure Issue - Patrick Scott/IL
1/10/2012 9:43:55 PM (2629 views)
Re: Interesting Foreclosure Issue - Abstractor/TN
1/10/2012 10:15:48 PM (2523 views)
Re: Interesting Foreclosure Issue - Patrick Scott/IL
1/10/2012 10:58:14 PM (2486 views)

Although there are several types of policies available, when we talk about a single family primary residence, there are essentially two policy types in question:  The Owners Policy and the Lenders Policy.  The owners policy typically requires a higher standard of care and diligence - at least this seems to have been the case during the recent boom years - because the policy remains in force until the property changes hands, and there are more areas of potential claim.

Since the lender's policy in a purchase transaction is generally issued concurrently with the owners policy, the search and curative efforts only need to be performed once, so one could presume that the diligence exercised with relation to the lenders policy would be equal to that of the owners policy.

When the home owner refinances, the common wisdom seems to have concluded that, since due diligence was performed when the property was purchased, and all prior defects are presumed cured, there is no reason to reach back further than that transaction to insure the refinance.  Your story provides evidence that the common wisdom is lacking.

To answer your second question, the new policy doesn't void the prior policy.  However, when the lien insured by the prior policy is satisfied, there is nothing left to insure.  So the obligations of the policy are extinguished with the lien.

I can't say my observations of the industry would apply to all markets, as laws and standards vary.  But it's a pretty safe assessment for the market I work in.

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Re: Interesting Foreclosure Issue - CHARLENE  PERRY/MD
1/11/2012 1:47:12 PM (2387 views)

Global Data/ Title Prep - Leigh Attridge/MA
1/10/2012 4:45:50 PM (2160 views)

[+] Document forgery on title - not robosigning!! - Leigh Attridge/MA (9 replies)
1/10/2012 9:57:38 AM (2655 views)

The results are in.. Our industry is in decline - CHARLENE  PERRY/MD
1/9/2012 12:03:30 PM (3901 views)

FSE Deadbeat Company - Dody Fuhrmann/NV
1/9/2012 11:21:16 AM (2164 views)

Queens Broker Accused of Bringing Immigrants Ruin - Leigh Attridge/MA
1/9/2012 8:04:21 AM (4059 views)

[+] Odyssey Search, LLC - Kenneth Signor/SC (1 reply)
1/9/2012 7:33:20 AM (4637 views)


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