Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | show all replies



[+] Pro Title - Barbara Kelley/PA (3 replies)
10/15/2008 8:32:12 AM (3965 views)

[+] Oil&Gas-Mineral - Kevin Curtiss/AL (2 replies)
10/14/2008 8:32:34 PM (3775 views)

[+] Freedom Search & Settlement, PA - JOSEPH EMERSON/MN (3 replies)
10/14/2008 3:50:43 PM (4782 views)

[+] Ireport contest-vote for us! - Kurt deVries/FL (1 reply)
10/14/2008 2:00:11 PM (5402 views)

[+] Examnet - shame on us! - Kurt deVries/FL (53 replies)
10/14/2008 1:55:48 PM (4476 views)


Real Title Services


[+] National 1 Source - Joyce/NM (4 replies)
10/14/2008 11:48:56 AM (4049 views)

[+] Collection Agencies - Danielle Nelson/WI (3 replies)
10/10/2008 5:06:18 PM (4012 views)

[-] two abstract errors, alot of extra work and a consumer who had to wait it out - Diane Cipa/PA (24 replies)
10/8/2008 8:03:45 PM (4221 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Patrick Scott/IL
10/8/2008 11:02:35 PM (5947 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Rob  Robinson/PA
10/9/2008 5:17:27 PM (5697 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Ellen Maher/MI
10/9/2008 6:14:54 PM (5611 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Jay Duncan/MO
10/9/2008 8:42:09 PM (5705 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Diane Cipa/PA
10/9/2008 10:50:05 PM (5693 views)

I ordered a full title search - 60 years, not a property report.

The abstractor did not provide a copy of the mortgage. The abstractor reports the factual data from the mortgage document. If we need to see the mortgage, we request a copy. In this case, we saw no need to review the document ourselves.

If the abstractor had reviewed the mortgage, they would have noted the incorrect address. I did not mention that there was also an incorrect tax parcel number on the first page.

The seller in our transaction owned two properties on the same street. We insured the purchase of one. The other was lost by the seller in foreclosure.

The two mortgages in question were executed on the same day by the same borrower for the same lender. The two properties were on the same street. The legal descriptions were switched in error.

The mortgage lender's servicing department when they set up the two loans in their system did not check the legal descriptions and so they assigned account numbers to the property addresses shown on the first page of each mortgage.

We followed proper procedure in requesting payoff. In addition to the account number and property address, we included the recording info.

We followed proper procedure when sending the payoff check.
In addition to the account number and property address, we included the recording info.

If the lender had checked the recording info, they would also have noticed a problem, however they did not.

Our check matched the payoff letter which had been issued by the lender. Upon receipt the lender applied it to the account number matching their records and satisfied what they thought was the mortgage against our property.

The HELOC lender ordered a property report from the same abstractor who had done our original full search.

How could this have been avoided? If the abstractor had looked at the mortgage carefully the first time, and noticed the address was wrong, she might have also noticed the other mortgage. In 2004 the same lender owned both mortgages and we could have gotten it straightened out. After we paid off the one mortgage, the other was sold to GMAC who later foreclosed. The mistaken legal description was clearly found in the foreclosure search and the court order correcting the instrument cleared the cloud.

As for indexing, I think the first error would have been easy to catch. As for missing the court order, I am relying upon the response from the abstractor who said she should have got it when she did the property report for the HELOC lender.

I realize this is a confusing scenario. Anytime we run across a problem, I think it's good to talk about it because we all learn to be more careful.

I know there is lots of talk about title agents who won't pay a decent fee or want the abstractor to give only partial searches.

I paid $150 for a full search. I think that's reasonable and I believe this abstractor will be more careful in the future.

I think the entire experience was a great training opportunity, and it had a happy ending.

to post a reply: login - or - register


Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Dan Zook/NY
10/10/2008 9:22:41 AM (5646 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Diane Cipa/PA
10/11/2008 5:15:36 PM (5551 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Kevin Ahern/CT
10/10/2008 11:34:02 AM (5647 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Robert Franco/OH
10/10/2008 12:05:36 PM (5753 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Patrick Scott/IL
10/10/2008 12:35:26 PM (6089 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - William Pattison /CA
10/16/2008 6:07:59 PM (5477 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Diane Cipa/PA
10/16/2008 8:45:36 PM (5311 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Diane Cipa/PA
10/11/2008 5:25:01 PM (5533 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - george Hubka/MI
10/13/2008 3:58:45 AM (5684 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Rob  Robinson/PA
10/13/2008 11:04:33 AM (5615 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Scott Perry/PA
10/13/2008 1:41:45 PM (5574 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - William Hess/AL
10/14/2008 9:08:03 AM (5526 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Rob  Robinson/PA
10/14/2008 10:59:32 AM (5392 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - William Hess/AL
10/14/2008 3:45:03 PM (5495 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Rob  Robinson/PA
10/15/2008 12:23:00 PM (5254 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Clanci Nelson/OH
10/14/2008 2:26:42 PM (5414 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Douglas Gallant/OH
10/14/2008 6:35:41 PM (5407 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Candi Richter/NJ
10/15/2008 7:13:08 AM (5444 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Clanci Nelson/OH
10/15/2008 2:21:36 PM (5392 views)

[+] Source of Title Maintenance Notice - Robert Franco/OH (1 reply)
10/8/2008 10:02:55 AM (3938 views)

[+] timios inc - John East/AL (4 replies)
10/7/2008 6:28:18 PM (4734 views)

[+] Your opinions please--paying signing agents up front - Ronda Roaring/NY (1 reply)
10/7/2008 5:24:02 PM (3878 views)

[+] MS Title - Smitty Strickland/SC (2 replies)
10/7/2008 10:33:53 AM (3978 views)

[+] Contact number for NALTEA - Edward Huguenin/SC (1 reply)
10/6/2008 6:57:06 PM (3645 views)

[+] Another Fee Reduction Request - Scott Perry/PA (12 replies)
10/6/2008 4:47:25 PM (4432 views)

JC Abstracting - Barbara Hamilton/CA
10/4/2008 4:36:04 PM (3632 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8961 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

Understanding O&E Title Searches
Security American's Blog
2025/10/29
0 comments

AI Powered Title Plant
Michael Gigliotti's Blog
2025/10/23
0 comments

New to Property Shielding? Here’s Your Guide!
Marissa Berends's Blog
2025/10/22
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

National Association of REALTORS® Appoints First-Ever Chief Data Officer to Advance Innovation and Member Value
"Data is one of NAR's most important strategic assets – and the way we structure and use it will shape where our a...
Stewart Strengthens Real Estate Services Portfolio by Announcing its Intent to Acquire Mortgage Contracting Services (MCS)
“We are pleased to announce our intent to acquire MCS and look forward to being able to offer property preservatio...
NAHB and NARI Offer Guidance for Working with Remodelers
“The sudden closures of remodeling firms around the country underscore the critical importance of integrity and ac...
Home Prices Increased in 77% of Metro Areas in Third Quarter of 2025
Home prices rose in 77% of metro markets (176 out of 230) during the third quarter of 2025, according to the National As...
First-Time Home Buyer Share Falls to Historic Low of 21%, Median Age Rises to 40
"The historically low share of first-time buyers underscores the real-world consequences of a housing market starved for...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

© 2020, Source of Title.