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[+] Government BailOut - Work???? - Scott Aduddell/MO (43 replies)
10/16/2008 10:03:06 AM (3637 views)

[+] Beware of Mid-Atlantic Title - Bruce Murch/VA (2 replies)
10/15/2008 10:20:46 PM (3992 views)

[+] Can we file liens? - Kurt deVries/FL (1 reply)
10/15/2008 10:09:00 AM (3807 views)

[+] Pro Title - Barbara Kelley/PA (3 replies)
10/15/2008 8:32:12 AM (3894 views)

[+] Oil&Gas-Mineral - Kevin Curtiss/AL (2 replies)
10/14/2008 8:32:34 PM (3697 views)




[+] Freedom Search & Settlement, PA - JOSEPH EMERSON/MN (3 replies)
10/14/2008 3:50:43 PM (4698 views)

[+] Ireport contest-vote for us! - Kurt deVries/FL (1 reply)
10/14/2008 2:00:11 PM (5312 views)

[+] Examnet - shame on us! - Kurt deVries/FL (53 replies)
10/14/2008 1:55:48 PM (4345 views)

[+] National 1 Source - Joyce/NM (4 replies)
10/14/2008 11:48:56 AM (3978 views)

[+] Collection Agencies - Danielle Nelson/WI (3 replies)
10/10/2008 5:06:18 PM (3939 views)

[-] 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 (4109 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 (5729 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 (5481 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 (5392 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 (5481 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 (5510 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 (5427 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 (5325 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 (5450 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 (5507 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 (5860 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 (5290 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 (5065 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 (5325 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 (5460 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 (5377 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 (5364 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 (5325 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 (5174 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 (5274 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 (5044 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 (5225 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 (5189 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 (5200 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 (5188 views)

[+] Source of Title Maintenance Notice - Robert Franco/OH (1 reply)
10/8/2008 10:02:55 AM (3862 views)

[+] timios inc - John East/AL (4 replies)
10/7/2008 6:28:18 PM (4654 views)

[+] Your opinions please--paying signing agents up front - Ronda Roaring/NY (1 reply)
10/7/2008 5:24:02 PM (3799 views)

[+] MS Title - Smitty Strickland/SC (2 replies)
10/7/2008 10:33:53 AM (3898 views)


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