Hi,

I have recently been told that I am responsible for a mortgage that was not paid off at closing.  I recorded a second mortgage a few years earlier and an incorrect exhibit was attached (by my client).  The property sold and the mortgage was not paid off.  I do not know why it wasn't.

My clients insurance company is saying that because I did the search (which was ordered the same day as the recording) I should have known the description was not accurate and had a responsibility to notify my client.  They are claiming that during my search I should have reviewed the document.  I have explained that this was not of record at the time of search, therefore not reviewed.   The document passed the registry requirements, as the exhibit was in the same town as locus.  They owned multiple properties. I put it on record.

Has anyone had this happen and what are your thoughts,