Hey Marian:

My point exactly.  In Mass I get recording packages directly from the attorney's office that I did the title work for (or for attorneys who hire out the title to someone else, but give the recording to me).  I do the rundown from the end date of the title, & assuming that I don't find any liens, & that I have instructions to go to record, I put the papers on record.  In Essex South we have a deli-style, take a number system.  Once you're in the qeue you wait until your number is called, run the title up again utilising the "today" button which is supposed to give you up to the second (not minute) info & then go to record.  In "olden times" which was about two years ago, you had to wade through boxes and boxes of numbered, unindexed, but entered into the system, documents before you could go to record.  I remember the incredulous silence on the other end of the line when I explained that concept to an out of state attorney.  He said something about Russian Roulette & inquired as to the amout of my E&O coverage.  The new system is better than it was before;  if someone grabs a recording & throws it on by accident or by design without doing a rundown & an intervening lien is found later, then whoever did the run & record is presumed to be the guilty party.  Here's where it gets interesting.  What if the Registry enters the last name incorrectly - say Gould instead of Gauld - a simple typo - right??  Well, there's no way to find that information in the current system.  We do not have the ability to run by address, so even if you run the name Gauld using the "today" button you're not going to find it.  It's misindexed.  With the olden days system you had a better than average chance of finding the name Gauld, because you had to physically pick up each & every piece of paper in the box.  So once again, here's my question - whose liability is it?  I'm not sure of the law relating to ROD liability in Mass, but my basic understanding is that they can't be held liable for mistakes they make.  I would be interested to know though in the case you cited if a rundown & recording sheet was turned back into the client after the recording.  I don't bother to sign mine anymore; my terrible handwriting is pretty distinctive; but turning in the sheet is proof that I am taking responsibility for the recording.