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[+] National Court Research- CA - Martha Moon/FL (1 reply)
12/6/2010 11:38:32 AM (3020 views)

[+] Nationwide Title Clearing, Inc. - Lawrence Gordon/MN (2 replies)
12/6/2010 10:15:40 AM (3523 views)

[+] Boston Globe article - MA Sec'y State now wants court approval for foreclosures - Leigh Attridge/MA (1 reply)
12/6/2010 7:27:46 AM (4463 views)

NYT article on foreclosure malfeasance by BOA & others - Leigh Attridge/MA
12/4/2010 7:52:21 PM (4290 views)

[+] California County Discriminates Against Aliens - William Pattison /CA (1 reply)
12/3/2010 7:09:56 PM (2731 views)




[-] Recording liability - Karen Smith/ME (6 replies)
12/3/2010 6:51:14 AM (3198 views)
Re: Recording liability - Leigh Attridge/MA
12/3/2010 8:47:11 AM (3028 views)
Re: Recording liability - William Pattison /CA
12/3/2010 7:00:24 PM (3035 views)
Re: Recording liability - Karen Smith/ME
12/6/2010 11:10:48 AM (2854 views)
Re: Recording liability - Larry Ford
12/6/2010 10:15:54 AM (2938 views)

The resolution of this issue will likely turn on a several key points:

1.  What exactly were you hired to do?

2.  Were you hired to provide an "opinion" on title (usually only attorneys are allowed to do that) or merely provide abstracting and/or recording services?

3.  Were you asked to and did you represent to the lender whose second mortgage it was that it constituted a valid second lien on the property?

4.  Even though the attached legal description may have been in error, was there other identifying information in the complete mortgage document by which the property could be identified (e.g., a property street address, tax parcel I.D. number, etc.)?  This is a state law issue, but in many states a "short-hand" description of the property may be sufficient to put a title searcher on notice that a mortgage lien may exist, and thus prompt further investigation.  Someone may have erroneously concluded the mortgage need not be paid because of an inadequate description, but until a court determines that its not sufficient, someone's opinion is not conclusive.

5.  This is not a "DIY" project.  If you have errors & omissions (malpractice insurance) you should (actually, you must) immediately notify your carrier of a potential claim (unless the amount claimed is so minor you feel you can pay it out of pocket).  They will have claims attorneys on staff who can look at the situation and determine your responsibility.    If you don't have E & O coverage (and perhaps even if you do), you should find a good real estate attorney who can look at the situation, review all documents and give you an opinion as to your liability.  If litigation ensues, you will need litigation counsel for sure.

Do not make any statements to the other side's insurance company, attorneys, representatives which may inadvertently imply liability.  (See # 5.)

Good luck, and don't assume you're automatically liable.

 

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Re: Recording liability - Karen Smith/ME
12/6/2010 11:09:28 AM (2746 views)
Re: Recording liability - William Pattison /CA
12/7/2010 12:25:46 PM (2710 views)

[+] Comment on "The "Title Recession"-- in Graphs" - Source of Title/OH (2 replies)
12/2/2010 12:21:48 PM (2765 views)

[+] RealDetailed - heard of them? - Pat Strasburg/MI (5 replies)
12/2/2010 12:16:21 PM (3149 views)

[+] It all comes back to understanding - George Booth/OH (3 replies)
12/2/2010 9:40:31 AM (2825 views)

[+] How strong is the chain? - michael rafferty/VA (1 reply)
12/1/2010 8:39:11 PM (3099 views)

[+] Coefficiency, LLC - Ron McPherson/IA (2 replies)
11/30/2010 3:51:25 PM (3572 views)

[+] WARNING: 21st CENTURY NATIONAL ABSTRACTION CO./DEANA MOORE IS A NON-PAYER - Eric Woelfel/MN (3 replies)
11/30/2010 1:48:44 PM (4632 views)

BEWARE OF M&M NATIONAL ABSTRACTING & DEBI MILLER - Eric Woelfel/MN
11/30/2010 9:39:18 AM (4141 views)

[+] Spanish Woman Claims She Now Owns Sun - Edouard LeLocle/SC (8 replies)
11/27/2010 8:15:17 PM (3074 views)

[+] So much to say, so little time - CHARLENE  PERRY/MD (5 replies)
11/24/2010 12:22:55 PM (2844 views)


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