Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | show all replies



[+] Service Announcement! - Robert Franco/OH (4 replies)
2/12/2009 10:08:42 AM (2927 views)

[+] Industry Partners - Dan Zook/NY (3 replies)
2/11/2009 3:17:47 PM (2927 views)

[+] 1099 - researcher ./VA (8 replies)
2/10/2009 7:25:50 PM (3195 views)

Blog comments requested - Dave Pelligrinelli/GA
2/10/2009 11:07:04 AM (4058 views)

[+] Reliable Property Reports- Kansas - Susan McKee/WV (7 replies)
2/9/2009 7:55:53 PM (5627 views)


Real Title Services


Attention Vendor Managers... - Robert Franco/OH
2/9/2009 1:59:23 PM (2607 views)

[+] Bulletins... - Robert Franco/OH (2 replies)
2/9/2009 1:37:06 PM (2856 views)

[+] Lenders First Choice - J Nisonger/CA (7 replies)
2/7/2009 3:52:44 PM (3362 views)

[+] Best E-Recording Software Provider? - Matt Daly/WI (1 reply)
2/6/2009 3:01:50 PM (2917 views)

[-] Ameristar -- please settle an argument for me - Alix Ott/MI (3 replies)
2/6/2009 9:25:33 AM (3851 views)
Re: Ameristar -- please settle an argument for me - Kevin Ahern/CT
2/6/2009 10:12:26 AM (3350 views)

There are a chain of contractual relationships between application for the mortgage and the closing. In terms of contract law it would depend upon whether you were a party to the contract or a third party beneficiary to the contract  (an intended beneficiary...not an incidental beneficiary) with the underwriter. In Connecticut it would require that you are specifically named in the contract as the intended beneficiary.

It is most likely that you are a party to the contract with either a VM or TC. You are probably not a party to the contract with the underwriter. Although as a business practice the underwriter may be interested in knowing that parties lower in the food chain are not being paid, and may consider that when electing to assign future business. You also have to be careful of a defamation suit coming back at you. In which case you may be entirely right, but would have to go to the trouble and expense of defending.

However, if you can show that the underwriter accepted your work when it knew or should have known that you expected to be paid for it...you may have a claim for unjust enrichment, but if he paid those lower in the food chain in an amount that included your fee it may give rise to a defense.

In terms of tort law you could try a claim for conversion (civil theft of your property..the abstract), but it is a long shot. You would have to show some tortious intent.

Some states have statutory remedies such as unfair trade practices or theft of services, but it does not seem likely that this would apply. You should also consult the law of the forum state to determine if it has made some form of relief available with respect to the underwriter that is not common to all states.

The problem would seem to be the remote relationship between you and the underwriter.

My money is on your side of the argument. If your client is circling the drain...sue him as fast as possible.

to post a reply: login - or - register


Re: Ameristar -- please settle an argument for me - Michelle/IL
2/6/2009 2:15:30 PM (3219 views)
Re: Ameristar -- please settle an argument for me - Wanda Steudel/OH
2/9/2009 9:30:21 AM (3206 views)

[+] American Title, inc. - Erin Carraway/NY (11 replies)
2/5/2009 2:39:06 PM (3523 views)

[+] ARROW ABSTRACT OF NEW YORK, INC. - Scott Perry/PA (5 replies)
2/5/2009 11:57:53 AM (3315 views)

[+] nXt Generation Title Services, LLC - Dan Zook/NY (11 replies)
2/5/2009 8:59:26 AM (3575 views)

[+] mortgage fraud - Sheila Sten/PA (4 replies)
2/4/2009 3:48:02 PM (3317 views)

[+] Off the beaten path - AbstractorWatchdog com/NY (34 replies)
2/3/2009 10:36:52 PM (3227 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8961 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

Fannie Mae Drops Minimum Credit Scores
Security American's Blog
2025/11/10
0 comments

Understanding O&E Title Searches
Security American's Blog
2025/10/29
0 comments

AI Powered Title Plant
Michael Gigliotti's Blog
2025/10/23
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

National Association of REALTORS® Appoints First-Ever Chief Data Officer to Advance Innovation and Member Value
"Data is one of NAR's most important strategic assets – and the way we structure and use it will shape where our a...
Stewart Strengthens Real Estate Services Portfolio by Announcing its Intent to Acquire Mortgage Contracting Services (MCS)
“We are pleased to announce our intent to acquire MCS and look forward to being able to offer property preservatio...
NAHB and NARI Offer Guidance for Working with Remodelers
“The sudden closures of remodeling firms around the country underscore the critical importance of integrity and ac...
Home Prices Increased in 77% of Metro Areas in Third Quarter of 2025
Home prices rose in 77% of metro markets (176 out of 230) during the third quarter of 2025, according to the National As...
First-Time Home Buyer Share Falls to Historic Low of 21%, Median Age Rises to 40
"The historically low share of first-time buyers underscores the real-world consequences of a housing market starved for...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

© 2020, Source of Title.