Is it true that all title searches in West Virginia have to
be certified by an attorney?
I came across this today on the Stewart site: “Unauthorized
Practice of Law opinion (UPL) states that attorneys must be directly
or indirectly involved with all aspects of closings, including the search of
the public records; contract searches should be done by or under
the supervision of a West Virginia attorney. Title insurance may only be
issued upon an opinion by a licensed West Virginia attorney.”
I have been getting fees for title searches in WV, and
none of the abstractors mentioned attorney certifications, so I am trying to
clarify, as I know sometimes there can be exceptions written into these laws, and maybe local abstractors know something I don't... Plus the writing on the Stewart site doesn't quote a specific law, so maybe it is just their preference...?
Anyone know anything about this?
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