Usually, the person who is charged criminally is the person that caused the shortage in the escrow account.  Often it seems to be the owners of the companies that "borrow" funds from their escrow accounts.  The actual escrow agent who wrote the check probably won't be charged, unless they had something to do with the missing money.

Most often, the underwriters have to step in to protect their insureds and they end up paying off the outstanding liens that should have been taken care of by the title agency.  They may also have obligations under the closing protection letters.  They may follow up with a civil suit against the embezzlers, and/or the owners of the company, in addition to any criminal charges that might be brought. 

However, that doesn't help the abstractors.  The underwriters aren't likely going to pay the bill's of the title agency.

Best,
Robert A. Franco
SOURCE OF TITLE