This is just a speculative question - not an actual event - but it's partly based on something that happened to me recently. A client sent me an overnight package to a Registry that I visit infrequently. The package was addressed to me c/o the Registry. Inside was a refi mortgage, & there was a cover sheet, again addressed to me. In this case, a Registry employee, opened the package - apparently ignored the cover sheet- & recorded the mortgage without my knowledge or my client's permission. When it went to record the mortgage was not funded & was acutally within the three day recission period (my clients like to get a head start on things). When my client called to tell me to go to record a few days later I had to tell them that no-one had seen a package for me, etc etc which led to their tracking it through the overnight service, which, of course, led to me finding out that the Registry had put the papers on record. My client asked me to to an after the fact rundown, which I declined to do, not wanting to take on any liability at all. As it turned out, everything was fine - no intervening liens were found. My what if revolves around who would be liable if there had been an intervening lien. My understanding is that the Registies are not liable for errors they make, but since the package was clearly addressed to me, would they have exposed themselves to a possible lawsuit? Anyone got any ideas?
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