Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | hide all replies



Uncertified Special Assessments? - Michaela Urban/OH
4/14/2008 9:48:14 AM (3993 views)
Re: Uncertified Special Assessments? - Steve Squeo/OH
4/14/2008 10:17:24 AM (5430 views)
Re: Uncertified Special Assessments? - Michaela Urban/OH
4/14/2008 10:39:23 AM (5379 views)
Re: Uncertified Special Assessments? - Wanda Steudel/OH
4/14/2008 2:58:48 PM (5157 views)
Re: Uncertified Special Assessments? - Robert Franco/OH
4/14/2008 3:11:16 PM (5086 views)
Re: Uncertified Special Assessments? - STEVE MEINECKE/TN
4/14/2008 5:14:48 PM (5199 views)
Re: Uncertified Special Assessments? - george Hubka/MI
4/14/2008 9:07:39 PM (5192 views)
Re: Uncertified Special Assessments? - STEVE MEINECKE/TN
4/14/2008 11:51:34 PM (5191 views)
Re: Uncertified Special Assessments? - Michaela Urban/OH
4/15/2008 6:05:49 PM (4977 views)

Service 1st Valuation & Settlement - Phil McLean/CO
4/11/2008 11:18:03 AM (5713 views)
Re: Service 1st Valuation & Settlement - Robert Franco/OH
4/11/2008 11:30:05 AM (5383 views)
Re: Service 1st Valuation & Settlement - Barbara Bennett/IN
4/11/2008 1:27:49 PM (5352 views)
Re: Service 1st Valuation & Settlement - Jason Sheppard/PA
4/11/2008 4:41:50 PM (5374 views)
Re: Service 1st Valuation & Settlement - Sheila Sten/PA
4/14/2008 6:55:26 AM (5327 views)
Re: Service 1st Valuation & Settlement - Michaela Urban/OH
4/14/2008 9:51:56 AM (5573 views)
Re: Service 1st Valuation & Settlement - Pam Sola/VA
4/14/2008 10:45:26 AM (5375 views)
Re: Service 1st Valuation & Settlement - Phil McLean/CO
4/14/2008 4:12:55 PM (5268 views)
Re: Service 1st Valuation & Settlement - george Hubka/MI
4/14/2008 9:15:12 PM (5305 views)

Cystic Fibrosis Event ~ Pittsburgh, PA - Jason Sheppard/PA
4/11/2008 7:04:07 AM (5862 views)
Re: Cystic Fibrosis Event ~ Pittsburgh, PA - Rob  Robinson/PA
4/11/2008 9:18:56 AM (4924 views)
Re: Cystic Fibrosis Event ~ Pittsburgh, PA - Jason Sheppard/PA
4/11/2008 4:46:05 PM (4992 views)

Just an idea and how hard would it be? - Jay Duncan/MO
4/10/2008 11:13:32 AM (3730 views)
Re: Just an idea and how hard would it be? - Robert Franco/OH
4/10/2008 12:14:34 PM (4984 views)
Abstractor Paid & Listed on HUD-1 - Bobbi Shorthouse, Notary Public/CT
4/10/2008 12:57:27 PM (5119 views)
Re: Just an idea and how hard would it be? - Jay Duncan/MO
4/11/2008 9:14:17 AM (4896 views)
Re: Just an idea and how hard would it be? - Robert Franco/OH
4/11/2008 11:28:07 AM (4878 views)
Re: Just an idea and how hard would it be? - Diane Brewer/SC
4/14/2008 9:38:14 AM (4918 views)

Is there a statute of limitations on a title claim? - DS/NC
4/9/2008 9:49:36 PM (4291 views)
Re: Is there a statute of limitations on a title claim? - Patrick Scott/IL
4/9/2008 11:23:45 PM (5409 views)
Re: Is there a statute of limitations on a title claim? - Kevin Ahern/CT
4/10/2008 7:33:27 AM (5476 views)
Re: Is there a statute of limitations on a title claim? - Robert Franco/OH
4/10/2008 11:52:22 AM (5540 views)
Re: Is there a statute of limitations on a title claim? - Jason Sheppard/PA
4/10/2008 5:18:29 PM (5238 views)
Re: Is there a statute of limitations on a title claim? - DS/NC
4/12/2008 1:48:34 PM (5092 views)
Re: Is there a statute of limitations on a title claim? - STEVE MEINECKE/TN
4/12/2008 4:34:13 PM (5164 views)
Re: Is there a statute of limitations on a title claim? - Robert Franco/OH
4/13/2008 12:42:19 AM (5182 views)
Re: Is there a statute of limitations on a title claim? - STEVE MEINECKE/TN
4/14/2008 7:05:46 PM (5021 views)
Re: Is there a statute of limitations on a title claim? - Robert Franco/OH
4/14/2008 11:56:58 PM (5534 views)
Re: Is there a statute of limitations on a title claim? - STEVE MEINECKE/TN
4/15/2008 8:57:13 AM (5112 views)
Re: Is there a statute of limitations on a title claim? - Robert Franco/OH
4/15/2008 12:15:58 AM (5072 views)
Re: Is there a statute of limitations on a title claim? - STEVE MEINECKE/TN
4/15/2008 9:41:14 AM (4997 views)
Re: Is there a statute of limitations on a title claim? - Kevin Ahern/CT
4/13/2008 7:20:07 AM (5139 views)

I do agree that the insured should notify his insurance carrier of a potential claim as soon as he has been made aware of it. Most insurance policies require prompt and timely notification of claims as condition for coverage. I have seen insurance companies deny claims because an insured was late with notification.

The statute of limitations is intended to eliminate stale claims. While allowing a plaintiff to institute a suit during a reasonable period of time, the statute provides for repose when physical evidence is lost, misplaced or destroyed and witnesses' memories become unreliable with the passage of time.

The various statutes of limitations are not universal absolutes depending upon the language of the statute, its legislative intent and the court's interpretation of the facts of a case. Some states provide for an absolute cut off in time after which a claim can not be asserted. Others are more flexible. I think it is also important to keep in mind the nature of the claim asserted, the identity of the proper party defendant and who will be asserting the claim as a plaintiff.

The liability of the insurance carrier generally relates to the policy holding home owner. The liability of the abstractor usually relates to the party who has hired him/her to perform the title search. However, there may be exceptions...and there are many ways to skin a cat when the plaintiff is looking for a deep pocket to satisfy his claim. With respect to contract claims it is possible that the plaintiff may not have been a signatory to the contract, but rather a beneficiary of the services to be provided by the defendant. This is known as a third party beneficiary. However, it is more difficult for the plaintiff to prove because he would need to show that he was an "intended beneficiary" of the signatories to a contract rather than an "incidental beneficiary" to the contract. The court would generally inquire as to whether he was identified clearly in the contract as a beneficiary and whether the defendant's services were intended to benefit him.

In terms of tort claims it is conceivable that a plaintiff may try to assert a claim for negligent misrepresentation if he can show that it was foreseeable that he as a third party would rely to his detriment upon the work of the defendant. I have read cases in which plaintiff's have been successful against accountants who performed work for a party other than the plaintiff.

While the statute of limitations governs claims at law seeking money damages as a remedy...there is also the equitable counterpart for claims in equity seeking extraordinary remedies. This defense is known as the doctrine of  Laches. Pursuant to this doctrine the defendant may assert it as a defense if there has been delay in filing the suit,  and the defendant has suffered hardship due to the delay. The choice of whether to allow the defense is at the discretion of the court because the statute of limitations may not apply to claims in equity. The delay may be for a shorter period of time than the statute of limitations governing claims at law.

E & O policies are intended to provide tort claim coverage for negligence. Unless the policy in question is unusual it has been my experience that the policy generally does not cover liability arising from contract claims. Therefore, it is necessary to operate a business as a corporation or LLC to shield one's personal assets from contract claims while the insurance protects him against tort claims. In many states the statute of limitations on contract claims is longer than for tort claims. Neither the corporate shield nor the insurance is going to protect a defendant against intentional torts.

 

to post a reply: login - or - register




Real Title Services


MeyMax Title Agency - Smitty Strickland/SC
4/9/2008 4:53:13 PM (4728 views)
Re: MeyMax Title Agency - Sheila Sten/PA
4/9/2008 5:05:39 PM (5807 views)
Re: MeyMax Title Agency - Scott Perry/PA
4/9/2008 5:08:57 PM (5413 views)
Re: MeyMax Title Agency - Sheila Sten/PA
4/9/2008 5:22:10 PM (5448 views)
Re: MeyMax Title Agency - Scott Perry/PA
4/9/2008 8:35:14 PM (5230 views)
Re: MeyMax Title Agency - Smitty Strickland/SC
4/9/2008 5:31:53 PM (5586 views)
Re: MeyMax Title Agency - john rutledge/VA
4/14/2008 9:33:52 AM (5210 views)

It should not be this difficult! - Robert Franco/OH
4/9/2008 2:33:15 PM (3926 views)
Re: It should not be this difficult! - Rob  Robinson/PA
4/9/2008 3:57:14 PM (5387 views)
Re: It should not be this difficult! - Smitty Strickland/SC
4/9/2008 4:50:41 PM (5180 views)
Re: It should not be this difficult! - Theresa Ritz/WV
4/10/2008 10:52:22 AM (5035 views)
Re: It should not be this difficult! - Dan Zook/NY
4/10/2008 12:33:06 PM (5177 views)
Re: It should not be this difficult! - michael quinn/NY
4/10/2008 9:24:50 PM (5018 views)
Re: It should not be this difficult! - Pam Sola/VA
4/14/2008 10:57:24 AM (4983 views)

Oil & Gas search? - joey slipher/MS
4/9/2008 11:51:39 AM (3755 views)
Re: Oil & Gas search? - Alix Ott/MI
4/10/2008 3:23:48 PM (5077 views)

A quick question - Ron McPherson/IA
4/8/2008 6:06:09 PM (3839 views)
Re: A quick question - michael quinn/NY
4/8/2008 6:15:52 PM (5170 views)
Re: A quick question - Kevin Ahern/CT
4/9/2008 6:36:54 AM (5243 views)
Re: A quick question - Robert Franco/OH
4/9/2008 10:55:29 AM (5269 views)
Re: A quick question - Matthew Sharpe/OH
4/9/2008 11:05:48 AM (5376 views)
Re: A quick question - george Hubka/MI
4/14/2008 9:41:17 PM (4902 views)
Re: A quick question - Ron McPherson/IA
4/11/2008 10:12:17 PM (5157 views)

Trinity Abstract ... Dallas, TX - Jill Kissell/IA
4/8/2008 5:43:10 PM (4680 views)
Re: Trinity Abstract ... Dallas, TX - DS/NC
4/12/2008 1:44:57 PM (5474 views)
Re: Trinity Abstract ... Dallas, TX - ARTHUR LIPPMAN/MA
4/14/2008 8:01:23 AM (5343 views)

Eclipse - Anthony BROWNN/VA
4/8/2008 2:52:08 PM (3995 views)
Re: Eclipse - Rob  Robinson/PA
4/8/2008 3:27:23 PM (5502 views)
Re: Eclipse - Norean Cashwell/GA
4/12/2008 11:41:46 PM (5387 views)
Re: Eclipse - Pam Sola/VA
4/14/2008 10:59:49 AM (5342 views)
Re: Eclipse - Jennifer  Porter/FL
4/14/2008 12:59:27 PM (5124 views)
Re: Eclipse - Anthony BROWNN/VA
4/14/2008 3:16:42 PM (5246 views)
Re: Eclipse - elizabeth reddy/FL
4/14/2008 6:17:50 PM (5139 views)
Re: Eclipse - george Hubka/MI
4/14/2008 9:46:37 PM (5129 views)
Re: Eclipse - Patrick Scott/IL
4/14/2008 11:39:43 PM (5135 views)
Re: Eclipse - Anthony BROWNN/VA
4/24/2008 1:23:40 PM (5168 views)
Re: Eclipse - Karen Dykshoorn/IA
4/15/2008 11:13:02 AM (5274 views)

Thomas Jefferson Quote! - Kurt deVries/FL
4/8/2008 2:02:55 PM (3738 views)
Re: Thomas Jefferson Quote! - Scott Perry/PA
4/15/2008 7:05:35 AM (5051 views)
Re: Thomas Jefferson Quote! - Kurt deVries/FL
4/18/2008 10:57:40 AM (4914 views)

THEY DON'T PAY - Wayne Brown/VA
4/8/2008 11:05:05 AM (4541 views)
Re: THEY DON'T PAY - Matthew Sharpe/OH
4/9/2008 11:18:11 AM (5684 views)
Re: THEY DON'T PAY - Matthew Sharpe/OH
4/9/2008 11:19:30 AM (5396 views)
Re: THEY DON'T PAY - Jason Sheppard/PA
4/10/2008 5:15:44 PM (5726 views)
Re: THEY DON'T PAY - Shannon Blatt/VA
4/11/2008 11:21:43 PM (5256 views)
Re: THEY DON'T PAY - Janis Talbot/SC
4/12/2008 11:34:43 AM (5165 views)
Re: THEY DON'T PAY - Diane Brewer/SC
4/14/2008 9:45:14 AM (5181 views)
Re: THEY DON'T PAY - Richard Mann/PA
4/14/2008 7:46:11 AM (5152 views)
Re: THEY DON'T PAY - Cheryl O'Brien/VA
4/14/2008 11:09:00 AM (5179 views)
Re: THEY DON'T PAY - Cheryl O'Brien/VA
4/14/2008 11:03:27 AM (4992 views)

ASA Real Estate Services - Glenda Hodge/TN
4/8/2008 12:53:45 AM (3612 views)
Re: ASA Real Estate Services - ARTHUR LIPPMAN/MA
4/14/2008 7:31:21 AM (4999 views)
Re: ASA Real Estate Services - Lois & Glen Morgan/AZ
5/15/2008 5:09:47 PM (4836 views)

Help - Edward Balian/CA
4/7/2008 4:47:32 PM (3616 views)
Re: Help - Robert Franco/OH
4/7/2008 5:40:53 PM (4938 views)
Re: Help - Anita Backlund/MN
4/7/2008 11:11:00 PM (5022 views)
Re: Help - Kurt deVries/FL
4/8/2008 2:00:49 PM (5128 views)
Re: Help - Cheryl O'Brien/VA
4/14/2008 11:13:39 AM (4791 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8961 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

U.S. Housing Market Hits 30-Year Low in Home Sales: Causes and Consequences
Marissa Berends's Blog
2025/09/08
0 comments

Understanding Mineral Rights and the Importance of Trained Mineral Researchers
Marissa Berends's Blog
2025/09/05
0 comments

FHFA Title Acceptance Pilot: What to know
Marissa Berends's Blog
2025/09/02
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

Commercial and Multifamily Mortgage Delinquency Rates Increased in Second-Quarter 2025
“The delinquency rate for commercial mortgages increased in the second quarter of 2025 across most major capital s...
MISMO Publishes Updated Charge and Fee Naming Guide for Industry Use
“The Naming Guide empowers lenders to deliver a more transparent, efficient, and compliant mortgage experience for...
Holland & Knight Files Amicus Brief on Behalf of American Land Title Association Contesting AML Regulations for Residential Real Estate Transactions
ALTA, the national voice of the title insurance and settlement services industry, has approximately 5,700 company member...
Mortgage Application Payments Increased in Latest MBA Weekly Survey
“Mortgage rates declined for the second consecutive week as Treasury yields moved lower on data indicating that th...
NAHB Calls on Congress to Protect Energy Choice
The National Association of Home Builders today called on Congress to help ease the housing affordability crisis by supp...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

© 2020, Source of Title.