Just this afternoon I found a mis-indexed mortgage. Mortgagor's name is Clinton Brown. The ROD in Essex County files all the commercial & trust names first (in alphabetical order) in the grantor indices, followed by individual owners' names (also in alphabetical order). If they leave the comma out after the last name then an individual's name is indexed with the commercial entries, and NOT under the individual entries. Thus, Mr Brown's 300K mortgage with BOA was NOT indexed under "Brown, Clinton ", but as "Brown Clinton" as if he was a commercial enterprise. They do have an error log at the Registry & will make a note of the error & date of the correction & most examiners know to run an owner by last name only, before running them with their first name (or initial), but whose liability is it if a less experienced examiner (or someone in a tearing hurry) missed this mortgage? On Friday I was doing a current owner r/d for people named "Stemmler". According to the records their last mortgage was in 2006 & was paid off with no new refinancing in place. In Essex South there's no way to accurately search by address, so it would have been very easy to miss the Stemmler's 2008 mortgage because it was misspelled as "Stemmier". Oh for the good old days when entry clerks would get a poke in the eye with a quill pen when they messed up.
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