Let's clear this all up. Credit reports will show both secured and unsecured liens. (Not private lenders) Credit reports rarely make it to the title company due to privacy laws. Regardless of any kind of lien, it must show up in the "county" level in order to effect real property*. Conn. I think is the only place that does not have counties. They list everything with each town clerk. Anyways, should anyone learn of a lien of any kind on the credit report, re-do your title search using similar names. The clerk's could have mis-typed the defendants name(s). When you confirm no underlying lien is of public record, your fine and no liability is incurred. The title insurance company is also off the hook but only on one condition. *If they learn of the lien outside of anything found of public record, they are obligated to report it on the commitment/binder. There is so much dishonesty in this business, it disgusts me. This means a person working for a title company can always say "I didn't hear that" and "I'm not gonna tell". After all, the title company wants their premiums just like an LO. An example identical to the main topic is a judgment filed in a city court. A transcript must be docketed to the county level which then affects real property. If it wasn't, the judgment does NOT affect the real property. Robert hit the bulls-eye when it comes to LO's and commission.
I'm still waiting for that hot topic to arrive in any court when it comes to E&O and negligence on the lenders part.
In fact, I invite all with responses on that topic because it effects us all.....This is gonna get good! to post a reply:
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