I was once named in a suit THREE YEARS after it closed and funded as the Notary Public. All I did was notarize the docs.
Refi, so they had federal 3 days right of recission. They didn't rescind and the loan funded.
They hired some whacko attorney 3 years later who claimed ALL PERSONS INVOLVED IN THE TRANSACTION SHOULD HAVE KNOW THEY DIDN'T WANT THE LOAN???
So, the attorney named the kitchen sink in the suit. I had to "defend" myself against this nonsense. They were properly closed, given all disclosures at closing and signed off on the right of rescisson. The matter was dropped in court as a "frivolous" case with no merit. But I still had to submit it to my E & O even though I was an independent contractor for the title agency.
That being said, a searcher, even independent, SHOULD be held accountable for their errors and omissions if they did not do their job properly. The abstract is the life-blood of the title. Otherwise, you'd have searchers sending in half-done jobs, sloppy jobs, incomplete jobs and jobs with errors.
Oh right, we have that happening now. . . so, what's the solution???to post a reply:
login - or -
register