The question of Federal Bankruptcy court filings is really quite important, especially in states with nonjudicial foreclosures. In California, any Federal Bankruptcy filed after 10 am (our time) can material affect the rights of those winning a auction bid on a property that goes to mortgage foreclosure auction.
PACER is easy to check and the question then arises of due diligence if you are not checking multiple court matters, especially when their indices are posted for free online. Not much of an excuse not to check them in my view. I think every state is also online wtih their incorporation / llc indices, so even checking to make sure that a corporation is registered in your state and has held proper registration in it's home state is easy and reasonable. why not report it if it might save you a claim "down the line".
On a similar note: A friendly competitor lost his client months ago and I saw him recently. He's running a dog walking service now. He lost his business because his clients expected title searches that were complete (what a concept). He had not been trained to report subordination agreements on his title research reports and the client finally uncovered this situation and dropped him. Again; untrained, unqualified people entered our field and I'm certain that if he didn't report on subordination agreements in title records, that he did no additional research in any other records.
They'll never find him. He got away with $70k worth of work between him and his three pals, over a single quarter and they're all out of the biz now.
Makes me wonder if any BofA claims against First American might be the result of bad third party researchers and not direct failures internal to BofA or the title company.
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