do you think if it was filed incorrectly BUT a court determined it valid on some other criteria----and it wasn't found by us because it wasn't in the scope or near the scope of the search---that title insurance would have to pay or would this come back on my E & O.  It isn't a factor this time since we saw it, and if we know it is new construction we can certainly start watching closely for them, but since we aren't the appraisal firm as well, and we don't see the property--who is to say that someone didn't put a sun porch on and then didn't pay for it.  This is something we have no way of knowing so it could potentially effect ANY search we do.  I just don't want an claims on my E & O.  I'm a bit anal about that. :)