Real Title Services
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 | hide all replies



Just an idea and how hard would it be? - Jay Duncan/MO
4/10/2008 11:13:32 AM (4123 views)
Re: Just an idea and how hard would it be? - Robert Franco/OH
4/10/2008 12:14:34 PM (6020 views)
Abstractor Paid & Listed on HUD-1 - Bobbi Shorthouse, Notary Public/CT
4/10/2008 12:57:27 PM (6120 views)
Re: Just an idea and how hard would it be? - Jay Duncan/MO
4/11/2008 9:14:17 AM (5899 views)
Re: Just an idea and how hard would it be? - Robert Franco/OH
4/11/2008 11:28:07 AM (5841 views)
Re: Just an idea and how hard would it be? - Diane Brewer/SC
4/14/2008 9:38:14 AM (5965 views)

Is there a statute of limitations on a title claim? - DS/NC
4/9/2008 9:49:36 PM (4597 views)
Re: Is there a statute of limitations on a title claim? - Patrick Scott/IL
4/9/2008 11:23:45 PM (6458 views)
Re: Is there a statute of limitations on a title claim? - Kevin Ahern/CT
4/10/2008 7:33:27 AM (6594 views)
Re: Is there a statute of limitations on a title claim? - Robert Franco/OH
4/10/2008 11:52:22 AM (6627 views)
Re: Is there a statute of limitations on a title claim? - Jason Sheppard/PA
4/10/2008 5:18:29 PM (6288 views)
Re: Is there a statute of limitations on a title claim? - DS/NC
4/12/2008 1:48:34 PM (6116 views)
Re: Is there a statute of limitations on a title claim? - STEVE MEINECKE/TN
4/12/2008 4:34:13 PM (6189 views)
Re: Is there a statute of limitations on a title claim? - Robert Franco/OH
4/13/2008 12:42:19 AM (6223 views)
Re: Is there a statute of limitations on a title claim? - STEVE MEINECKE/TN
4/14/2008 7:05:46 PM (6663 views)
Re: Is there a statute of limitations on a title claim? - Robert Franco/OH
4/14/2008 11:56:58 PM (6598 views)
Re: Is there a statute of limitations on a title claim? - STEVE MEINECKE/TN
4/15/2008 8:57:13 AM (6200 views)
Re: Is there a statute of limitations on a title claim? - Robert Franco/OH
4/15/2008 12:15:58 AM (6088 views)
Re: Is there a statute of limitations on a title claim? - STEVE MEINECKE/TN
4/15/2008 9:41:14 AM (6009 views)
Re: Is there a statute of limitations on a title claim? - Kevin Ahern/CT
4/13/2008 7:20:07 AM (6209 views)

I do agree that the insured should notify his insurance carrier of a potential claim as soon as he has been made aware of it. Most insurance policies require prompt and timely notification of claims as condition for coverage. I have seen insurance companies deny claims because an insured was late with notification.

The statute of limitations is intended to eliminate stale claims. While allowing a plaintiff to institute a suit during a reasonable period of time, the statute provides for repose when physical evidence is lost, misplaced or destroyed and witnesses' memories become unreliable with the passage of time.

The various statutes of limitations are not universal absolutes depending upon the language of the statute, its legislative intent and the court's interpretation of the facts of a case. Some states provide for an absolute cut off in time after which a claim can not be asserted. Others are more flexible. I think it is also important to keep in mind the nature of the claim asserted, the identity of the proper party defendant and who will be asserting the claim as a plaintiff.

The liability of the insurance carrier generally relates to the policy holding home owner. The liability of the abstractor usually relates to the party who has hired him/her to perform the title search. However, there may be exceptions...and there are many ways to skin a cat when the plaintiff is looking for a deep pocket to satisfy his claim. With respect to contract claims it is possible that the plaintiff may not have been a signatory to the contract, but rather a beneficiary of the services to be provided by the defendant. This is known as a third party beneficiary. However, it is more difficult for the plaintiff to prove because he would need to show that he was an "intended beneficiary" of the signatories to a contract rather than an "incidental beneficiary" to the contract. The court would generally inquire as to whether he was identified clearly in the contract as a beneficiary and whether the defendant's services were intended to benefit him.

In terms of tort claims it is conceivable that a plaintiff may try to assert a claim for negligent misrepresentation if he can show that it was foreseeable that he as a third party would rely to his detriment upon the work of the defendant. I have read cases in which plaintiff's have been successful against accountants who performed work for a party other than the plaintiff.

While the statute of limitations governs claims at law seeking money damages as a remedy...there is also the equitable counterpart for claims in equity seeking extraordinary remedies. This defense is known as the doctrine of  Laches. Pursuant to this doctrine the defendant may assert it as a defense if there has been delay in filing the suit,  and the defendant has suffered hardship due to the delay. The choice of whether to allow the defense is at the discretion of the court because the statute of limitations may not apply to claims in equity. The delay may be for a shorter period of time than the statute of limitations governing claims at law.

E & O policies are intended to provide tort claim coverage for negligence. Unless the policy in question is unusual it has been my experience that the policy generally does not cover liability arising from contract claims. Therefore, it is necessary to operate a business as a corporation or LLC to shield one's personal assets from contract claims while the insurance protects him against tort claims. In many states the statute of limitations on contract claims is longer than for tort claims. Neither the corporate shield nor the insurance is going to protect a defendant against intentional torts.

 

to post a reply: login - or - register



MeyMax Title Agency - Smitty Strickland/SC
4/9/2008 4:53:13 PM (5076 views)
Re: MeyMax Title Agency - Sheila Sten/PA
4/9/2008 5:05:39 PM (6900 views)
Re: MeyMax Title Agency - Scott Perry/PA
4/9/2008 5:08:57 PM (6516 views)
Re: MeyMax Title Agency - Sheila Sten/PA
4/9/2008 5:22:10 PM (6603 views)
Re: MeyMax Title Agency - Scott Perry/PA
4/9/2008 8:35:14 PM (6311 views)
Re: MeyMax Title Agency - Smitty Strickland/SC
4/9/2008 5:31:53 PM (6726 views)
Re: MeyMax Title Agency - john rutledge/VA
4/14/2008 9:33:52 AM (6385 views)

It should not be this difficult! - Robert Franco/OH
4/9/2008 2:33:15 PM (4236 views)
Re: It should not be this difficult! - Rob  Robinson/PA
4/9/2008 3:57:14 PM (6459 views)
Re: It should not be this difficult! - Smitty Strickland/SC
4/9/2008 4:50:41 PM (6199 views)
Re: It should not be this difficult! - Theresa Ritz/WV
4/10/2008 10:52:22 AM (6176 views)
Re: It should not be this difficult! - Dan Zook/NY
4/10/2008 12:33:06 PM (6273 views)
Re: It should not be this difficult! - michael quinn/NY
4/10/2008 9:24:50 PM (6139 views)
Re: It should not be this difficult! - Pam Sola/VA
4/14/2008 10:57:24 AM (6043 views)

Oil & Gas search? - joey slipher/MS
4/9/2008 11:51:39 AM (4095 views)
Re: Oil & Gas search? - Alix Ott/MI
4/10/2008 3:23:48 PM (6154 views)




A quick question - Ron McPherson/IA
4/8/2008 6:06:09 PM (4176 views)
Re: A quick question - michael quinn/NY
4/8/2008 6:15:52 PM (6180 views)
Re: A quick question - Kevin Ahern/CT
4/9/2008 6:36:54 AM (6320 views)
Re: A quick question - Robert Franco/OH
4/9/2008 10:55:29 AM (6307 views)
Re: A quick question - Matthew Sharpe/OH
4/9/2008 11:05:48 AM (6428 views)
Re: A quick question - george Hubka/MI
4/14/2008 9:41:17 PM (5931 views)
Re: A quick question - Ron McPherson/IA
4/11/2008 10:12:17 PM (6195 views)

Trinity Abstract ... Dallas, TX - Jill Kissell/IA
4/8/2008 5:43:10 PM (5015 views)
Re: Trinity Abstract ... Dallas, TX - DS/NC
4/12/2008 1:44:57 PM (6520 views)
Re: Trinity Abstract ... Dallas, TX - ARTHUR LIPPMAN/MA
4/14/2008 8:01:23 AM (6408 views)

Eclipse - Anthony BROWNN/VA
4/8/2008 2:52:08 PM (4278 views)
Re: Eclipse - Rob  Robinson/PA
4/8/2008 3:27:23 PM (6549 views)
Re: Eclipse - Norean Cashwell/GA
4/12/2008 11:41:46 PM (6338 views)
Re: Eclipse - Pam Sola/VA
4/14/2008 10:59:49 AM (6334 views)
Re: Eclipse - Jennifer  Porter/FL
4/14/2008 12:59:27 PM (6126 views)
Re: Eclipse - Anthony BROWNN/VA
4/14/2008 3:16:42 PM (6483 views)
Re: Eclipse - elizabeth reddy/FL
4/14/2008 6:17:50 PM (6574 views)
Re: Eclipse - george Hubka/MI
4/14/2008 9:46:37 PM (6121 views)
Re: Eclipse - Patrick Scott/IL
4/14/2008 11:39:43 PM (6114 views)
Re: Eclipse - Anthony BROWNN/VA
4/24/2008 1:23:40 PM (6142 views)
Re: Eclipse - Karen Dykshoorn/IA
4/15/2008 11:13:02 AM (6221 views)

Thomas Jefferson Quote! - Kurt deVries/FL
4/8/2008 2:02:55 PM (4038 views)
Re: Thomas Jefferson Quote! - Scott Perry/PA
4/15/2008 7:05:35 AM (6043 views)
Re: Thomas Jefferson Quote! - Kurt deVries/FL
4/18/2008 10:57:40 AM (5869 views)

THEY DON'T PAY - Wayne Brown/VA
4/8/2008 11:05:05 AM (4856 views)
Re: THEY DON'T PAY - Matthew Sharpe/OH
4/9/2008 11:18:11 AM (6660 views)
Re: THEY DON'T PAY - Matthew Sharpe/OH
4/9/2008 11:19:30 AM (6385 views)
Re: THEY DON'T PAY - Jason Sheppard/PA
4/10/2008 5:15:44 PM (6678 views)
Re: THEY DON'T PAY - Shannon Blatt/VA
4/11/2008 11:21:43 PM (6297 views)
Re: THEY DON'T PAY - Janis Talbot/SC
4/12/2008 11:34:43 AM (6160 views)
Re: THEY DON'T PAY - Diane Brewer/SC
4/14/2008 9:45:14 AM (6196 views)
Re: THEY DON'T PAY - Richard Mann/PA
4/14/2008 7:46:11 AM (6165 views)
Re: THEY DON'T PAY - Cheryl O'Brien/VA
4/14/2008 11:09:00 AM (6180 views)
Re: THEY DON'T PAY - Cheryl O'Brien/VA
4/14/2008 11:03:27 AM (5983 views)

ASA Real Estate Services - Glenda Hodge/TN
4/8/2008 12:53:45 AM (3954 views)
Re: ASA Real Estate Services - ARTHUR LIPPMAN/MA
4/14/2008 7:31:21 AM (5989 views)
Re: ASA Real Estate Services - Lois & Glen Morgan/AZ
5/15/2008 5:09:47 PM (5825 views)

Help - Edward Balian/CA
4/7/2008 4:47:32 PM (3935 views)
Re: Help - Robert Franco/OH
4/7/2008 5:40:53 PM (6004 views)
Re: Help - Anita Backlund/MN
4/7/2008 11:11:00 PM (6049 views)
Re: Help - Kurt deVries/FL
4/8/2008 2:00:49 PM (6089 views)
Re: Help - Cheryl O'Brien/VA
4/14/2008 11:13:39 AM (5839 views)

3 MINUTE SURVEY - Jeanine Johnson/FL
4/7/2008 12:35:17 PM (3993 views)
Re: 3 MINUTE SURVEY - Rob  Robinson/PA
4/7/2008 12:58:44 PM (6058 views)
Re: 3 MINUTE SURVEY - SHEILA WATTERSON/FL
4/7/2008 1:32:37 PM (6090 views)
Re: 3 MINUTE SURVEY - Robert Franco/OH
4/7/2008 2:23:02 PM (6103 views)
Re: 3 MINUTE SURVEY - Ron McPherson/IA
4/7/2008 2:29:34 PM (6006 views)
Re: 3 MINUTE SURVEY - Diane Cipa/PA
4/7/2008 3:50:25 PM (6066 views)
Re: 3 MINUTE SURVEY - Edward Huguenin/SC
4/7/2008 4:28:13 PM (5922 views)
Re: 3 MINUTE SURVEY - Scott Perry/PA
4/7/2008 5:35:53 PM (5979 views)
Re: 3 MINUTE SURVEY - Anita Backlund/MN
4/7/2008 11:08:36 PM (6075 views)
Re: 3 MINUTE SURVEY - Jill Kissell/IA
4/8/2008 5:39:52 PM (6035 views)
Re: 3 MINUTE SURVEY - Sheila Sten/PA
4/10/2008 2:19:11 PM (6075 views)
Re: 3 MINUTE SURVEY - Jean Allen/NC
4/11/2008 9:22:20 PM (5895 views)
Re: 3 MINUTE SURVEY - Phil McLean/CO
4/10/2008 2:29:11 PM (6119 views)
Re: 3 MINUTE SURVEY - Sheila Sten/PA
4/25/2008 9:28:21 PM (6173 views)

E & O Coverage - Edward Huguenin/SC
4/6/2008 4:16:37 PM (4064 views)
Re: E & O Coverage - Virginia Capps/TN
4/7/2008 12:09:35 PM (5951 views)
Re: E & O Coverage - Edward Huguenin/SC
4/7/2008 4:26:21 PM (5926 views)

Judy N. - monica froese/ME
4/4/2008 1:23:18 PM (3714 views)
Re: Judy N. - Jay Duncan/MO
4/4/2008 2:04:22 PM (6003 views)
Re: Judy N. - Glenda Hodge/TN
4/5/2008 12:07:56 AM (5843 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 8977 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:

Practical Obscurity, Revisited
Blurbs from the Bossman
2026/08/06
0 comments

Beneath Every Closing Lies a Story
Michael Stelzer's Blog
2026/07/18
0 comments

Residential Appraisers: Reclaim Your Time
Will Duncan 's Blog
2026/07/09
0 comments

Articles

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

National Association of REALTORS® Names 2026 Good Neighbor Awards Finalists
“Each of this year’s Good Neighbor Awards finalists represents the power of service to transform lives and c...
September Jobs Report Commentary from MBA's Mike Fratantoni
The National Association of REALTORS® launched “Protecting Your Clients and Your Business From Fraud,” ...
CertifID Acquires Closinglock to Build a More Protected and Connected Closing Experience
“Title companies are being asked to protect more, move faster and deliver a better experience at a time when the r...
Mortgage Applications Decrease in Latest MBA Weekly Survey
“Mortgage rates jumped to their highest level in almost three years, pushing borrowers to the sidelines. The 30-ye...
MISMO Publishes AVM Accuracy Testing Guidance for Lenders
MISMO®, the real estate finance industry's standards organization, today announced the release of the Automated Val...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.