As others have said, if you help the public in the record room, make sure they know you do not represent the ROD. Make doubly sure they know you are not a lawyer, and be careful not to give advice like, how to prepare a deed, or how to interpret the content of a deed. You don't want to risk the unauthorized practice of law, even informally.
For the same reason, I suggest you do not perform title research for a fee for the general public. There's too much risk that a non-attorney will not understand what you've given him, or worse -- he may think you have provided a legal opinion of some kind. Or, begin badgering you to do so. (all of those have happened to me -- I used to do "lien checks" for people who wanted to bid on foreclosures. Not anymore.)
I've never asked, but I'm not sure your E&O would cover you in such a situation. You might check with your underwriter and see if they can offer any guideline. If your E&O don't cover it, don't do it. :)
Since you're just starting out, my 2 cents- worth of advice: treat every title searh as if it's going to be the basis for an insurance claim. And if you're researching for the purpose of placing a new mortgage, remember the only reason they want your work is to guarantee that the bank has a good first lien when it's time to foreclose. (In other words, it's not just a formality, and don't let them rush you! ) :)
Have fun and good luck!
to post a reply:
login - or -
register