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 (2869 views)

[-] Ameristar -- please settle an argument for me - Alix Ott/MI (3 replies)
2/6/2009 9:25:33 AM (3794 views)
Re: Ameristar -- please settle an argument for me - Kevin Ahern/CT
2/6/2009 10:12:26 AM (3166 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 (3073 views)
Re: Ameristar -- please settle an argument for me - Wanda Steudel/OH
2/9/2009 9:30:21 AM (3065 views)

[+] American Title, inc. - Erin Carraway/NY (11 replies)
2/5/2009 2:39:06 PM (3472 views)

[+] ARROW ABSTRACT OF NEW YORK, INC. - Scott Perry/PA (5 replies)
2/5/2009 11:57:53 AM (3252 views)

[+] nXt Generation Title Services, LLC - Dan Zook/NY (11 replies)
2/5/2009 8:59:26 AM (3519 views)


Real Title Services


[+] mortgage fraud - Sheila Sten/PA (4 replies)
2/4/2009 3:48:02 PM (3271 views)

[+] Off the beaten path - AbstractorWatchdog com/NY (34 replies)
2/3/2009 10:36:52 PM (3172 views)

[+] reporting non-paying title companies to the underwriters - Michael Lanin/KY (7 replies)
2/3/2009 1:20:18 PM (3010 views)

Title Assurance & Indemnity Corp. of NA Cleveland, OH - MIchael Lanin/KY
2/3/2009 1:01:36 PM (2304 views)

[+] The Law Firm of Crystal Lowery - Edward Huguenin/SC (4 replies)
2/1/2009 8:20:52 AM (3442 views)

[+] What is considered slow pay? - no name/MI (2 replies)
1/30/2009 12:50:38 PM (3030 views)

[+] Probate Question - Helene /GA (7 replies)
1/29/2009 11:50:27 PM (2916 views)

[+] Preview of Coming Attractions? - Scott Perry/PA (11 replies)
1/29/2009 10:53:59 PM (4610 views)

[+] The Bankruptcy Club - AbstractorWatchdog com/NY (8 replies)
1/29/2009 2:56:14 PM (3213 views)

[+] MONEY OWED - quinn cioffi/PA (2 replies)
1/28/2009 2:38:15 PM (3266 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:

AI Isn’t “Coming Soon” - It’s Already Here (and Working)
Michael Gigliotti's Blog
2025/09/16
0 comments

U.S. Housing Market Hits 30-Year Low in Home Sales: Causes and Consequences
Marissa Berends's Blog
2025/09/08
0 comments

Understanding Mineral Rights and the Importance of Trained Mineral Researchers
Marissa Berends's Blog
2025/09/05
0 comments

Articles

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

Commercial and Multifamily Mortgage Delinquency Rates Increased in Second-Quarter 2025
“The delinquency rate for commercial mortgages increased in the second quarter of 2025 across most major capital s...
MISMO Publishes Updated Charge and Fee Naming Guide for Industry Use
“The Naming Guide empowers lenders to deliver a more transparent, efficient, and compliant mortgage experience for...
Holland & Knight Files Amicus Brief on Behalf of American Land Title Association Contesting AML Regulations for Residential Real Estate Transactions
ALTA, the national voice of the title insurance and settlement services industry, has approximately 5,700 company member...
Mortgage Application Payments Increased in Latest MBA Weekly Survey
“Mortgage rates declined for the second consecutive week as Treasury yields moved lower on data indicating that th...
NAHB Calls on Congress to Protect Energy Choice
The National Association of Home Builders today called on Congress to help ease the housing affordability crisis by supp...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.