The lenders and title companies may be prohibited by law from disclosing the borrower's sensitive financial information. Generally you need the borrower's permission to secure a copy of his credit information, and disclosure of that information is limited by the borrower's right to privacy.

You may be able to accomplish the same result by requiring your client to compare the information on the abstract to the credit report, loan application and payoff letter upon receipt of the abstract.

Even so the lender and/or title company may be contributorily negligent for not doing this, and proceeding to close the loan with the knowledge of outstanding debts on the credit report, loan application and payoff letter that do not show up on the abstract. Most if not all states are now comparative negligence states, and if the abstractor resides in one of these states, contributory negligence may or may not be a complete bar to the plaintiff's recovery depending upon the percentage of negligence assigned to the plaintiff by the trier of fact. The allegations of contributory negligence would be asserted by the defendant in his defenses.