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[+] Government BailOut - Work???? - Scott Aduddell/MO (43 replies)
10/16/2008 10:03:06 AM (3958 views)

[+] Beware of Mid-Atlantic Title - Bruce Murch/VA (2 replies)
10/15/2008 10:20:46 PM (4305 views)

[+] Can we file liens? - Kurt deVries/FL (1 reply)
10/15/2008 10:09:00 AM (4090 views)

[+] Pro Title - Barbara Kelley/PA (3 replies)
10/15/2008 8:32:12 AM (4218 views)

[+] Oil&Gas-Mineral - Kevin Curtiss/AL (2 replies)
10/14/2008 8:32:34 PM (3999 views)




[+] Freedom Search & Settlement, PA - JOSEPH EMERSON/MN (3 replies)
10/14/2008 3:50:43 PM (4986 views)

[+] Ireport contest-vote for us! - Kurt deVries/FL (1 reply)
10/14/2008 2:00:11 PM (5682 views)

[+] Examnet - shame on us! - Kurt deVries/FL (53 replies)
10/14/2008 1:55:48 PM (4673 views)

[+] National 1 Source - Joyce/NM (4 replies)
10/14/2008 11:48:56 AM (4265 views)

[+] Collection Agencies - Danielle Nelson/WI (3 replies)
10/10/2008 5:06:18 PM (4190 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 (4417 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 (6621 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 (6365 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 (6290 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 (6406 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 (6326 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 (6336 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 (6211 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 (6315 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 (6442 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 (6744 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 (6129 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 (5993 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 (6203 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 (6342 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 (6284 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 (6240 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 (6194 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 (6071 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 (6171 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 (5926 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 (6091 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 (6108 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 (6128 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 (6071 views)

[+] Source of Title Maintenance Notice - Robert Franco/OH (1 reply)
10/8/2008 10:02:55 AM (4134 views)

[+] timios inc - John East/AL (4 replies)
10/7/2008 6:28:18 PM (4939 views)

[+] Your opinions please--paying signing agents up front - Ronda Roaring/NY (1 reply)
10/7/2008 5:24:02 PM (4076 views)

[+] MS Title - Smitty Strickland/SC (2 replies)
10/7/2008 10:33:53 AM (4195 views)


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