AbstractorPro (Real Title Services)
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



[+] California County Discriminates Against Aliens - William Pattison /CA (1 reply)
12/3/2010 7:09:56 PM (2720 views)

[-] Recording liability - Karen Smith/ME (6 replies)
12/3/2010 6:51:14 AM (3186 views)
Re: Recording liability - Leigh Attridge/MA
12/3/2010 8:47:11 AM (3018 views)
Re: Recording liability - William Pattison /CA
12/3/2010 7:00:24 PM (3024 views)
Re: Recording liability - Karen Smith/ME
12/6/2010 11:10:48 AM (2843 views)
Re: Recording liability - Larry Ford
12/6/2010 10:15:54 AM (2926 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.

 

to post a reply: login - or - register


Re: Recording liability - Karen Smith/ME
12/6/2010 11:09:28 AM (2733 views)
Re: Recording liability - William Pattison /CA
12/7/2010 12:25:46 PM (2698 views)

[+] Comment on "The "Title Recession"-- in Graphs" - Source of Title/OH (2 replies)
12/2/2010 12:21:48 PM (2759 views)

[+] RealDetailed - heard of them? - Pat Strasburg/MI (5 replies)
12/2/2010 12:16:21 PM (3143 views)

[+] It all comes back to understanding - George Booth/OH (3 replies)
12/2/2010 9:40:31 AM (2817 views)


Real Title Services


[+] How strong is the chain? - michael rafferty/VA (1 reply)
12/1/2010 8:39:11 PM (3090 views)

[+] Coefficiency, LLC - Ron McPherson/IA (2 replies)
11/30/2010 3:51:25 PM (3566 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 (4623 views)

BEWARE OF M&M NATIONAL ABSTRACTING & DEBI MILLER - Eric Woelfel/MN
11/30/2010 9:39:18 AM (4128 views)

[+] Spanish Woman Claims She Now Owns Sun - Edouard LeLocle/SC (8 replies)
11/27/2010 8:15:17 PM (3066 views)

[+] So much to say, so little time - CHARLENE  PERRY/MD (5 replies)
11/24/2010 12:22:55 PM (2836 views)

[+] Lumar Document Retrieval - Deborah Manion/VA (1 reply)
11/23/2010 2:21:52 PM (3485 views)

[+] How far to go in explaining an order - Alix Ott/MI (10 replies)
11/22/2010 3:07:28 PM (3104 views)

[+] Abstractors A Go Go - Deborah Manion/VA (38 replies)
11/22/2010 2:29:54 PM (4207 views)

[+] Questions on copies - Dan Zook/NY (9 replies)
11/19/2010 4:34:55 PM (3081 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 8917 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:

Unveiling the Costs: Why Commercial Title Searches Command a Premium
Security American's Blog
2024/04/17
0 comments

Protecting Your Home: The Ins and Outs of Deed Theft and How to Shield Yourself
Security American's Blog
2024/03/21
0 comments

Exploring the Implications of Eliminating Mandatory Title Insurance
Security American's Blog
2024/03/11
0 comments

Articles

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

ALTA Applauds Introduction of HEIRS Act of 2024
Property passed down from generation to generation without formal wills or estate planning documents leaves families ope...
North Dakota Notaries Can Now Ditch the Desk! Secured Signing Brings Streamlined Online Notarization to the Peace Garden State
Imagine notarizing documents from the comfort of your couch, or while catching up on emails at your home office. For Nor...
Pending Home Sales Ascended 3.4% in March
"March's Pending Home Sales Index – at 78.2 – marks the best performance in a year, but it still remains in ...
New Nationwide Codes Mandate a Major Blow to Housing Affordability
“Without adequate review and consideration of how it will affect home buyers or renters, HUD and USDA have rammed ...
Mortgage Applications Decrease in Latest MBA Weekly Survey
“Mortgage rates continued to move higher last week, reaching their highest levels since late 2023 and putting a da...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.