Question for those versed in title insurance. We just did a search for an attorney here in SC that was on a condo sold to private owners. Now, we caught it and reported it since we didn't know the answer, but three days after the new owners bought it from the developer, a mechanic's lien on the whole condo section was filed under the names of the developer, with our condo one of the ones specifically listed.
Our attorney-client says in SC that the mechanic's lien IS valid and IS enforceable against the new owners. I personally disagree and think he's reading the law wrong but I'm about 3 long years away from being seen as a colleague with whom he can debate the issue. Because the lien was filed only three days after ownership changed hands, it was on the same screen page as what we were searching for them anyway so we found it, but here's my question:
As abstractors we stop checking an owner after they convey the property except to make sure that any liens found during their ownership have been released. What if the mechanic's lien had NOT been filed three days after but several months after and would not have been found during normal searching? Would we have been held liable for not reporting/finding it? If the client is correct and it DOES attach here in SC, would that mean that we would have to search ALL prior owners to the current thru date to make sure nothing has been filed against them AFTER they sold the property?
Anybody ever see this situation before?
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