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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 (4373 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 (6472 views)
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 (6219 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 (6132 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 (6258 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 (6177 views)

I ordered a full title search - 60 years, not a property report.

The abstractor did not provide a copy of the mortgage. The abstractor reports the factual data from the mortgage document. If we need to see the mortgage, we request a copy. In this case, we saw no need to review the document ourselves.

If the abstractor had reviewed the mortgage, they would have noted the incorrect address. I did not mention that there was also an incorrect tax parcel number on the first page.

The seller in our transaction owned two properties on the same street. We insured the purchase of one. The other was lost by the seller in foreclosure.

The two mortgages in question were executed on the same day by the same borrower for the same lender. The two properties were on the same street. The legal descriptions were switched in error.

The mortgage lender's servicing department when they set up the two loans in their system did not check the legal descriptions and so they assigned account numbers to the property addresses shown on the first page of each mortgage.

We followed proper procedure in requesting payoff. In addition to the account number and property address, we included the recording info.

We followed proper procedure when sending the payoff check.
In addition to the account number and property address, we included the recording info.

If the lender had checked the recording info, they would also have noticed a problem, however they did not.

Our check matched the payoff letter which had been issued by the lender. Upon receipt the lender applied it to the account number matching their records and satisfied what they thought was the mortgage against our property.

The HELOC lender ordered a property report from the same abstractor who had done our original full search.

How could this have been avoided? If the abstractor had looked at the mortgage carefully the first time, and noticed the address was wrong, she might have also noticed the other mortgage. In 2004 the same lender owned both mortgages and we could have gotten it straightened out. After we paid off the one mortgage, the other was sold to GMAC who later foreclosed. The mistaken legal description was clearly found in the foreclosure search and the court order correcting the instrument cleared the cloud.

As for indexing, I think the first error would have been easy to catch. As for missing the court order, I am relying upon the response from the abstractor who said she should have got it when she did the property report for the HELOC lender.

I realize this is a confusing scenario. Anytime we run across a problem, I think it's good to talk about it because we all learn to be more careful.

I know there is lots of talk about title agents who won't pay a decent fee or want the abstractor to give only partial searches.

I paid $150 for a full search. I think that's reasonable and I believe this abstractor will be more careful in the future.

I think the entire experience was a great training opportunity, and it had a happy ending.

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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 (6189 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 (6062 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 (6155 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 (6289 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 (6596 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 (5986 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 (5837 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 (6053 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 (6191 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 (6125 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 (6087 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 (6046 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 (5917 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 (6027 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 (5769 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 (5920 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 (5952 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 (5969 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 (5919 views)

[+] Source of Title Maintenance Notice - Robert Franco/OH (1 reply)
10/8/2008 10:02:55 AM (4090 views)

[+] timios inc - John East/AL (4 replies)
10/7/2008 6:28:18 PM (4896 views)

[+] Your opinions please--paying signing agents up front - Ronda Roaring/NY (1 reply)
10/7/2008 5:24:02 PM (4035 views)

[+] MS Title - Smitty Strickland/SC (2 replies)
10/7/2008 10:33:53 AM (4137 views)




[+] Contact number for NALTEA - Edward Huguenin/SC (1 reply)
10/6/2008 6:57:06 PM (3794 views)

[+] Another Fee Reduction Request - Scott Perry/PA (12 replies)
10/6/2008 4:47:25 PM (4614 views)

JC Abstracting - Barbara Hamilton/CA
10/4/2008 4:36:04 PM (3782 views)

Upgrade notice for sourceoftitle.com - Slade Smith/OH
10/3/2008 4:48:37 PM (3645 views)

[+] The AfBA battle is on! - Robert Franco/OH (1 reply)
10/3/2008 4:27:46 PM (5952 views)

[+] Bankers Title Company - Gone - Frank NAVARRO/IL (1 reply)
10/2/2008 6:50:11 PM (4558 views)

[+] Any info on Abstractor listing websites? - Erin Carraway/NY (11 replies)
10/2/2008 1:11:58 PM (4720 views)

[+] Questions on title companies & Leads - Erin Carraway/NY (9 replies)
10/2/2008 9:09:47 AM (4528 views)

[+] Info on Abstractors A Go Go - george Hubka/MI (10 replies)
10/1/2008 6:27:14 PM (4891 views)

[+] Bail Out Bill Defeated - Kevin Ahern/CT (19 replies)
9/29/2008 3:14:47 PM (4285 views)


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