As a paralegal, I always read every abstractor's report and review every attachment (no matter how painful and timeconsuming it may feel to me), flagging items I want to bring the the review attorney's attention. Note: Then an attorney reviews the report and attachments because it is THE ATTORNEY's call on what the "issues" are and what needs to be released. Personally, if a copy of the unreleased lien is attached and no where within the abstractor's report is there a note it was released or a copy of a release, I feel the review attorney shares in the fault.
Using actual monetary costs, I hope the "fair resolution split" isn't necessary a 50/50 split; i.e. attorney and abstractor can work out between themselves their individual percentage of fault. I, too, don't feel that the abstractor's failure to list the lien on the cover sheet makes the abstractor 100% at fault.
I also think that accidents like these are the result of the Faster, Faster, Faster, I need it yesterday at half the price mentality of the lenders. Increase speed of production leaves the abstractor little time to proofread their workproduct before getting it out the door.
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