Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | show all replies



[+] Washington Mutual Thief amoung us! - Miriam Shoaff/IN (5 replies)
10/16/2008 10:40:45 AM (5582 views)

[+] Government BailOut - Work???? - Scott Aduddell/MO (43 replies)
10/16/2008 10:03:06 AM (3644 views)

[+] Beware of Mid-Atlantic Title - Bruce Murch/VA (2 replies)
10/15/2008 10:20:46 PM (3996 views)

[+] Can we file liens? - Kurt deVries/FL (1 reply)
10/15/2008 10:09:00 AM (3811 views)

[+] Pro Title - Barbara Kelley/PA (3 replies)
10/15/2008 8:32:12 AM (3899 views)




[+] Oil&Gas-Mineral - Kevin Curtiss/AL (2 replies)
10/14/2008 8:32:34 PM (3702 views)

[+] Freedom Search & Settlement, PA - JOSEPH EMERSON/MN (3 replies)
10/14/2008 3:50:43 PM (4705 views)

[+] Ireport contest-vote for us! - Kurt deVries/FL (1 reply)
10/14/2008 2:00:11 PM (5320 views)

[+] Examnet - shame on us! - Kurt deVries/FL (53 replies)
10/14/2008 1:55:48 PM (4350 views)

[+] National 1 Source - Joyce/NM (4 replies)
10/14/2008 11:48:56 AM (3983 views)

[+] Collection Agencies - Danielle Nelson/WI (3 replies)
10/10/2008 5:06:18 PM (3944 views)

[-] two abstract errors, alot of extra work and a consumer who had to wait it out - Diane Cipa/PA (24 replies)
10/8/2008 8:03:45 PM (4114 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Patrick Scott/IL
10/8/2008 11:02:35 PM (5737 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Rob  Robinson/PA
10/9/2008 5:17:27 PM (5485 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Ellen Maher/MI
10/9/2008 6:14:54 PM (5396 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Jay Duncan/MO
10/9/2008 8:42:09 PM (5487 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Diane Cipa/PA
10/9/2008 10:50:05 PM (5517 views)

I ordered a full title search - 60 years, not a property report.

The abstractor did not provide a copy of the mortgage. The abstractor reports the factual data from the mortgage document. If we need to see the mortgage, we request a copy. In this case, we saw no need to review the document ourselves.

If the abstractor had reviewed the mortgage, they would have noted the incorrect address. I did not mention that there was also an incorrect tax parcel number on the first page.

The seller in our transaction owned two properties on the same street. We insured the purchase of one. The other was lost by the seller in foreclosure.

The two mortgages in question were executed on the same day by the same borrower for the same lender. The two properties were on the same street. The legal descriptions were switched in error.

The mortgage lender's servicing department when they set up the two loans in their system did not check the legal descriptions and so they assigned account numbers to the property addresses shown on the first page of each mortgage.

We followed proper procedure in requesting payoff. In addition to the account number and property address, we included the recording info.

We followed proper procedure when sending the payoff check.
In addition to the account number and property address, we included the recording info.

If the lender had checked the recording info, they would also have noticed a problem, however they did not.

Our check matched the payoff letter which had been issued by the lender. Upon receipt the lender applied it to the account number matching their records and satisfied what they thought was the mortgage against our property.

The HELOC lender ordered a property report from the same abstractor who had done our original full search.

How could this have been avoided? If the abstractor had looked at the mortgage carefully the first time, and noticed the address was wrong, she might have also noticed the other mortgage. In 2004 the same lender owned both mortgages and we could have gotten it straightened out. After we paid off the one mortgage, the other was sold to GMAC who later foreclosed. The mistaken legal description was clearly found in the foreclosure search and the court order correcting the instrument cleared the cloud.

As for indexing, I think the first error would have been easy to catch. As for missing the court order, I am relying upon the response from the abstractor who said she should have got it when she did the property report for the HELOC lender.

I realize this is a confusing scenario. Anytime we run across a problem, I think it's good to talk about it because we all learn to be more careful.

I know there is lots of talk about title agents who won't pay a decent fee or want the abstractor to give only partial searches.

I paid $150 for a full search. I think that's reasonable and I believe this abstractor will be more careful in the future.

I think the entire experience was a great training opportunity, and it had a happy ending.

to post a reply: login - or - register


Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Dan Zook/NY
10/10/2008 9:22:41 AM (5433 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Diane Cipa/PA
10/11/2008 5:15:36 PM (5329 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Kevin Ahern/CT
10/10/2008 11:34:02 AM (5456 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Robert Franco/OH
10/10/2008 12:05:36 PM (5512 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Patrick Scott/IL
10/10/2008 12:35:26 PM (5863 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - William Pattison /CA
10/16/2008 6:07:59 PM (5298 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Diane Cipa/PA
10/16/2008 8:45:36 PM (5071 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Diane Cipa/PA
10/11/2008 5:25:01 PM (5330 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - george Hubka/MI
10/13/2008 3:58:45 AM (5463 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Rob  Robinson/PA
10/13/2008 11:04:33 AM (5383 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Scott Perry/PA
10/13/2008 1:41:45 PM (5367 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - William Hess/AL
10/14/2008 9:08:03 AM (5332 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Rob  Robinson/PA
10/14/2008 10:59:32 AM (5177 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - William Hess/AL
10/14/2008 3:45:03 PM (5278 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Rob  Robinson/PA
10/15/2008 12:23:00 PM (5048 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Clanci Nelson/OH
10/14/2008 2:26:42 PM (5230 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Douglas Gallant/OH
10/14/2008 6:35:41 PM (5196 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Candi Richter/NJ
10/15/2008 7:13:08 AM (5210 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Clanci Nelson/OH
10/15/2008 2:21:36 PM (5191 views)

[+] Source of Title Maintenance Notice - Robert Franco/OH (1 reply)
10/8/2008 10:02:55 AM (3867 views)

[+] timios inc - John East/AL (4 replies)
10/7/2008 6:28:18 PM (4658 views)

[+] Your opinions please--paying signing agents up front - Ronda Roaring/NY (1 reply)
10/7/2008 5:24:02 PM (3805 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8956 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

Implementing AI: Why Persistence Pays Off (and Most People Quit Too Soon)
Michael Gigliotti's Blog
2025/07/09
0 comments

Creative Ways Millennials and Gen Z Are Approaching Homeownership
Marissa Berends's Blog
2025/07/02
0 comments

How Another War in the Middle East Could Impact the Housing Market
Marissa Berends's Blog
2025/06/30
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

NAR Secures Major Wins for Real Estate in Landmark Tax Reform Bill
“For months, REALTORS® across America have been at the forefront of tax reform, making sure Congress understo...
Title Resources Group Announces Executive Management Transition
Title Resources Group (TRG), the nation's fifth largest title insurance underwriter, announced today the appointment of ...
Mortgage Applications Increase in Latest MBA Weekly Survey
“Mortgage rates were lower across all loan types last week, with the 30-year fixed rate declining to its lowest le...
Stewart Group Senior Vice President, Direct Operations and President of Stewart Title of California Wyomia Clifton Honored with HousingWire's 2025 Women of Influence Award
Clifton currently oversees operations across nine states in her role as Group Senior Vice President, Direct Operations a...
Rocket Companies Completes Acquisition of Redfin
The companies also today introduced Rocket Preferred Pricing. Clients who finance their home through Rocket Mortgage and...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

© 2020, Source of Title.