I don't use such a disclaimer. I don't believe that we have any liability for a claim unless we are negligent and cause the error.  If it is misindexed, the lien may still be valid and result in a title insurance claim, but I do not believe that the abstractor would be responsible for it.

In this case, however, the document was properly indexed under the property owner's name, and although the legal description was incorrect it would have been discovered if the document had been examined.  Though I understand how this mistake happened, I'm not sure it wasn't a result of negligence.

It can be very time consuming to look at all of the documents, but that is what should be done.  That is one of the problems with the industry demanding faster, cheaper title searches - it is difficult to do a thorough title search under those pressures.

Best,
Robert A. Franco
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