Has anyone had an issue with this yet? Apparently this is the new advantage of Title Wave Southeast, LLC to gain business. Not saying it is not valid, but if this is forwarded to all attorney's who then follow suit with using such companies, what does that mean for NON-Attorney abstractors? Just wondering if anyone else has been hit with this yet? Any thoughts (even if it has not affected you personally?)
LIABILITY OF A CLOSING ATTORNEY
The Court of Appeals just issued a very important decision regarding the liability of a closing attorney when relying on a non-attorney title examiner's work. In Hines v. Holland, A15A1068 (October 30, 2015), the court held that a closing attorney is directly liable for the title opinion provided to the closing attorney's client even if the attorney used a third party title examiner for the search. The closing attorney was held solely responsible for the title search and was not permitted to bring the non-attorney title examiner that was responsible for missing the security deed into the lawsuit. A closing attorneys can no longer simply rely on a non-attorney title examiner's E&O to pay for errors in the title search
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