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



[+] On Title - Joanie Hahr/VT (9 replies)
2/12/2009 9:21:34 PM (3201 views)

[+] Stabbed In The Back? - AbstractorWatchdog com/NY (7 replies)
2/12/2009 10:21:13 AM (3591 views)

[+] Service Announcement! - Robert Franco/OH (4 replies)
2/12/2009 10:08:42 AM (3149 views)

[+] Industry Partners - Dan Zook/NY (3 replies)
2/11/2009 3:17:47 PM (3075 views)

[+] 1099 - researcher ./VA (8 replies)
2/10/2009 7:25:50 PM (3345 views)




Blog comments requested - Dave Pelligrinelli/GA
2/10/2009 11:07:04 AM (4204 views)

[+] Reliable Property Reports- Kansas - Susan McKee/WV (7 replies)
2/9/2009 7:55:53 PM (5788 views)

Attention Vendor Managers... - Robert Franco/OH
2/9/2009 1:59:23 PM (2713 views)

[+] Bulletins... - Robert Franco/OH (2 replies)
2/9/2009 1:37:06 PM (3012 views)

[+] Lenders First Choice - J Nisonger/CA (7 replies)
2/7/2009 3:52:44 PM (3538 views)

[+] Best E-Recording Software Provider? - Matt Daly/WI (1 reply)
2/6/2009 3:01:50 PM (3033 views)

[-] Ameristar -- please settle an argument for me - Alix Ott/MI (3 replies)
2/6/2009 9:25:33 AM (3980 views)
Re: Ameristar -- please settle an argument for me - Kevin Ahern/CT
2/6/2009 10:12:26 AM (3935 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 (3835 views)
Re: Ameristar -- please settle an argument for me - Wanda Steudel/OH
2/9/2009 9:30:21 AM (3783 views)

[+] American Title, inc. - Erin Carraway/NY (11 replies)
2/5/2009 2:39:06 PM (3651 views)

[+] ARROW ABSTRACT OF NEW YORK, INC. - Scott Perry/PA (5 replies)
2/5/2009 11:57:53 AM (3491 views)

[+] nXt Generation Title Services, LLC - Dan Zook/NY (11 replies)
2/5/2009 8:59:26 AM (3692 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.

Q1 GDP Commentary from MBA's Mike Fratantoni
“Inflation jumped higher during the quarter, with the PCE index increasing at a 4.5 percent annualized rate, up fr...
MBA Annual Report Finds Total Commercial Real Estate Borrowing and Lending Increased 40 Percent in 2025
“As capital markets conditions stabilized in 2025, there was a meaningful rebound in commercial real estate lendin...
Mortgage Applications Decrease in Latest MBA Weekly Survey
“Mortgage rates increased slightly last week, with the 30-year fixed rate rising to 6.37 percent. The increase in ...
First American Title Introduces AgentNet® Assist: Title Intelligence, an AI-Powered Document Analysis Capability
“This AI-assisted capability streamlines repetitive, time-intensive tasks, helping reduce processing time by as mu...
Home Building Shows Signs of Stabilization with Monthly Gain in Starts
“Housing starts posted a solid rebound in March, suggesting builders are responding to pockets of improving demand...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.