The downside to being paid out of the closing funds, as would be the case if you were shown on the settlement statment, is that you wouldn't get paid until the transaction closes.  Most abstractors seem to be opposed to that concept.  Also, if the loan doesn't close (and it could take quite some time for a deal to officially die) it would make it more difficult to get paid at all.  The agent could plan to pay from the settlement funds and write a separate check to pay for the deals that cancel.  However, if you are opposed to the agent marking up the fees, as many seem to be, then where would the extra money come from to pay the abstractor when a deal falls through?

Best,
Robert A. Franco
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