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[-] two abstract errors, alot of extra work and a consumer who had to wait it out - Diane Cipa/PA (24 replies)
10/8/2008 8:03:45 PM (4153 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Patrick Scott/IL
10/8/2008 11:02:35 PM (5819 views)

So, let's get this straight.  "One of our insured" suggests that your company insured the borrower on his purchase.  You paid off the unsatisfied mortgage based upon a payoff statement that was provided to you.  The loan your company paid off resulted in a release posted to the property down the block.

Somewhere in the interim, the owner(?) obtained a court order correcting the legal descriptions? Here's where I get confused.  Unless the legal descriptions were fixed by a very speedy court order, the release of the mortgage down the block, which should have released the lien on your property, would already have been recorded with the wrong legal description.

That's not all that confuses me.  When you insured the purchase (as your post seems to suggest) you should have received a copy of the mortgage in question in order to complete your examination.  So, your company would have also had the opportunity to question the address on the mortgage.

Not having a clue as to how the records are indexed in the nameless county, I would also be interested to know whether you believe the abstractor should have pulled all documents pertaining to the property down the street - to be certain that the problem was not perpetuated.

As to the later HELOC search ordered by the bank, I will venture another guess:  Some banks in our jurisdiction are a little bit lax in the search product required.  If they were to order a cheapo search without a search of the court records, and the court order were not filed with the clerk/recorder's office, it might not get noticed.  I can't say this is the case because, as I pointed out, I am clueless about the indexing and searching methods in most places, much less the nameless county.

Either you left out some helpful details, Diane, or I am erring by imagining this in my locale only - which may be worlds away from yours.  One big difference in our locales is that, in mine, the lender would have simply had the two mortgages (and the release, if necessary) rerecorded with the correct legal descriptions, with a notation on each as to the purpose of the rerecords. 

Hmmph...you could have saved me a lot of time if you would have not left out the minor details.

 

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Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Rob  Robinson/PA
10/9/2008 5:17:27 PM (5585 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Ellen Maher/MI
10/9/2008 6:14:54 PM (5499 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Jay Duncan/MO
10/9/2008 8:42:09 PM (5596 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Diane Cipa/PA
10/9/2008 10:50:05 PM (5605 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Dan Zook/NY
10/10/2008 9:22:41 AM (5538 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Diane Cipa/PA
10/11/2008 5:15:36 PM (5431 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Kevin Ahern/CT
10/10/2008 11:34:02 AM (5543 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Robert Franco/OH
10/10/2008 12:05:36 PM (5636 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Patrick Scott/IL
10/10/2008 12:35:26 PM (5979 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - William Pattison /CA
10/16/2008 6:07:59 PM (5385 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Diane Cipa/PA
10/16/2008 8:45:36 PM (5195 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Diane Cipa/PA
10/11/2008 5:25:01 PM (5423 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - george Hubka/MI
10/13/2008 3:58:45 AM (5566 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Rob  Robinson/PA
10/13/2008 11:04:33 AM (5503 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Scott Perry/PA
10/13/2008 1:41:45 PM (5458 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - William Hess/AL
10/14/2008 9:08:03 AM (5423 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Rob  Robinson/PA
10/14/2008 10:59:32 AM (5279 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - William Hess/AL
10/14/2008 3:45:03 PM (5385 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Rob  Robinson/PA
10/15/2008 12:23:00 PM (5139 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Clanci Nelson/OH
10/14/2008 2:26:42 PM (5324 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Douglas Gallant/OH
10/14/2008 6:35:41 PM (5298 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Candi Richter/NJ
10/15/2008 7:13:08 AM (5334 views)
Re: two abstract errors, alot of extra work and a consumer who had to wait it out - Clanci Nelson/OH
10/15/2008 2:21:36 PM (5284 views)

[+] Source of Title Maintenance Notice - Robert Franco/OH (1 reply)
10/8/2008 10:02:55 AM (3912 views)

[+] timios inc - John East/AL (4 replies)
10/7/2008 6:28:18 PM (4702 views)

[+] Your opinions please--paying signing agents up front - Ronda Roaring/NY (1 reply)
10/7/2008 5:24:02 PM (3845 views)

[+] MS Title - Smitty Strickland/SC (2 replies)
10/7/2008 10:33:53 AM (3947 views)


Real Title Services


[+] Contact number for NALTEA - Edward Huguenin/SC (1 reply)
10/6/2008 6:57:06 PM (3614 views)

[+] Another Fee Reduction Request - Scott Perry/PA (12 replies)
10/6/2008 4:47:25 PM (4405 views)

JC Abstracting - Barbara Hamilton/CA
10/4/2008 4:36:04 PM (3607 views)

Upgrade notice for sourceoftitle.com - Slade Smith/OH
10/3/2008 4:48:37 PM (3409 views)

[+] The AfBA battle is on! - Robert Franco/OH (1 reply)
10/3/2008 4:27:46 PM (5682 views)

[+] Bankers Title Company - Gone - Frank NAVARRO/IL (1 reply)
10/2/2008 6:50:11 PM (4341 views)

[+] Any info on Abstractor listing websites? - Erin Carraway/NY (11 replies)
10/2/2008 1:11:58 PM (4479 views)

[+] Questions on title companies & Leads - Erin Carraway/NY (9 replies)
10/2/2008 9:09:47 AM (4275 views)

[+] Info on Abstractors A Go Go - george Hubka/MI (10 replies)
10/1/2008 6:27:14 PM (4649 views)

[+] Bail Out Bill Defeated - Kevin Ahern/CT (19 replies)
9/29/2008 3:14:47 PM (4074 views)


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