Child Support Liens as far as my knowledge,
#1 Effect after acquired property
#2 Have no expiration date
So it is a valid lien, if not paid.
As far as the abstractor being held liable, the question is my mind is, What type of search was ordered from the abstractor.? If I am reading this correctly, you state that it was a purchase from a lender with a PMM search. The lien was put on one year prior to that search. Did the abstractor have the buyers name & perform a search on that buyer? I have seen search requests, where you don't even know it is a purchase until you get the documents to file. If the buyer search was not requested or known, how would the abstractor know to search back for liens?
These are the problems that we are facing now that the search standards apparently have been lowered to doing the quickest, cheapest type of search. Abstractors and clients alike need to be more aware of what the statutes are in their area. Sometimes it is better to do a little more on your own, then to risk a claim later.
Also, as Steve points out. There can be no claim unless a loss is suffered. The title company should not be asking the abstractor to pay, for convenience sake. If the foreclosure is still in process, amend the report & bring the lien into the foreclosure.
Wanda Steudel
AccuSearch Co
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