As many times as I have re-read your post, I still don't know what you are saying- sometimes an examiner would not be liable if a policy is issued based on the search and possible they would be- if the client was still liable.
Help me understand- if you do a search for Mr Andrew William Smith, and he requests an owners policy- you issue that and nothing seems to be a problem. Then 4 years later you are informed that there is a trust for his business (that is an adjoining county) that was taken out by Billie Smith , with no legal description attached , only a reference to the deed where he acquired the property- and they are going to foreclose because he has not made a payment in 5 months to the private investor of the trust that was missed. Now the owners policy is being enforced- do you or do you not have liability?
And when does your liability expire, even if there is an owners policy in effect- or how does one drop liability under those circumstances even if the same client and policy are in effect. You said that the searcher may not necessarily remain potentially liable even if a policy is in effect- do the searches in Ohio have an expiation date or liability effective dates?
I am just trying to understand your position on this- nothing more-
There is one more item about claims that I have mentioned before- that needs to be remembered by everyone that "might" have a claim - that is if the client, VM or whoever you are doing this for- is marking up the fees you charge and they do not perform any "core title" services- they are liable for that percentage of the total fee charged to the buyer or purchaser on the HUD-1 that they took(stole or embezzled is the correct term) if it was a "padding of your fee" and is listed on the HUD-1. So if ABC vending company paid you , AJAX Title,a fee of $100.00 and on the HUD-1 the title fee is shown as $150, paid to "AJAX Title"- they are liable for 33% of any claim that might arise- just something to keep in mind .
Steve Meinecke
IA/Titlefax
Franklin, Tn
to post a reply:
login - or -
register