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



[+] Best E-Recording Software Provider? - Matt Daly/WI (1 reply)
2/6/2009 3:01:50 PM (3066 views)

[-] Ameristar -- please settle an argument for me - Alix Ott/MI (3 replies)
2/6/2009 9:25:33 AM (4002 views)
Re: Ameristar -- please settle an argument for me - Kevin Ahern/CT
2/6/2009 10:12:26 AM (4064 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 (3978 views)
Re: Ameristar -- please settle an argument for me - Wanda Steudel/OH
2/9/2009 9:30:21 AM (3927 views)

[+] American Title, inc. - Erin Carraway/NY (11 replies)
2/5/2009 2:39:06 PM (3674 views)

[+] ARROW ABSTRACT OF NEW YORK, INC. - Scott Perry/PA (5 replies)
2/5/2009 11:57:53 AM (3520 views)

[+] nXt Generation Title Services, LLC - Dan Zook/NY (11 replies)
2/5/2009 8:59:26 AM (3715 views)




[+] mortgage fraud - Sheila Sten/PA (4 replies)
2/4/2009 3:48:02 PM (3496 views)

[+] Off the beaten path - AbstractorWatchdog com/NY (34 replies)
2/3/2009 10:36:52 PM (3404 views)

[+] reporting non-paying title companies to the underwriters - Michael Lanin/KY (7 replies)
2/3/2009 1:20:18 PM (3291 views)

Title Assurance & Indemnity Corp. of NA Cleveland, OH - MIchael Lanin/KY
2/3/2009 1:01:36 PM (2506 views)

[+] The Law Firm of Crystal Lowery - Edward Huguenin/SC (4 replies)
2/1/2009 8:20:52 AM (3668 views)

[+] What is considered slow pay? - no name/MI (2 replies)
1/30/2009 12:50:38 PM (3270 views)

[+] Probate Question - Helene /GA (7 replies)
1/29/2009 11:50:27 PM (3144 views)

[+] Preview of Coming Attractions? - Scott Perry/PA (11 replies)
1/29/2009 10:53:59 PM (4888 views)

[+] The Bankruptcy Club - AbstractorWatchdog com/NY (8 replies)
1/29/2009 2:56:14 PM (3488 views)

[+] MONEY OWED - quinn cioffi/PA (2 replies)
1/28/2009 2:38:15 PM (3515 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 8973 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:

What Is Title Insurance & Benefits
Michael Stelzer's Blog
2026/03/14
0 comments

The Source of Title - Part I: Freedom Written, Freedom Insured
Ben DuBay's Blog
2026/02/15
0 comments

Shared Driveway Agreements
Marissa Berends's Blog
2025/12/10
0 comments

Articles

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

Partner Releases 2026 Guide to ALTA/NSPS Land Title Surveys to Help Real Estate Stakeholders Navigate Updated Industry Standards
Now in its fourth iteration, Partner's ALTA/NSPS Guide reflects the firm's continued commitment to educating the market ...
Mortgage Applications Decrease in Latest MBA Weekly Survey
“The prospect of easing energy prices given the evolving situation in the Middle East brought mortgage rates sligh...
Economic Uncertainty Slows Single-Family Construction Across All Geographies
“Markets continue to shift single-family construction activity away from high-density population centers toward mo...
MBA Statement on the VA's Updated Loss Mitigation Policies
“We are pleased to see that veteran homeowners will have access to a key loss mitigation option available to other...
Builders Call Attention to 'Silver Tsunami' Supply Constraints During Homeownership Month
“As older Americans stay in their homes longer, the silver tsunami phenomenon won’t solve the housing shorta...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.