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Indepth Solutions Inc - Joanie Hahr/VT
2/6/2008 5:22:57 PM (3121 views)
Re: Indepth Solutions Inc - Rick Dorsey/OH
2/19/2008 11:05:35 AM (3680 views)

How has the housing down-turn affected abstractors? - Robert Franco/OH
2/6/2008 1:46:50 PM (2951 views)
Re: How has the housing down-turn affected abstractors? - Kevin Ahern/CT
2/6/2008 2:07:54 PM (3970 views)
Re: How has the housing down-turn affected abstractors? - Ron McPherson/IA
2/6/2008 5:06:02 PM (3970 views)
Housing down-turn effect - Bobbi Shorthouse, Notary Public/CT
2/7/2008 8:12:08 AM (4027 views)
Re: How has the housing down-turn affected abstractors? - Vikki Moffitt/GA
2/6/2008 7:22:52 PM (3970 views)
Re: How has the housing down-turn affected abstractors? - Jason Sheppard/PA
2/8/2008 2:58:23 PM (3813 views)
Re: How has the housing down-turn affected abstractors? - James "Lin" Toney/MS
2/9/2008 7:40:27 PM (3836 views)
Re: How has the housing down-turn affected abstractors? - Pam Sola/VA
2/25/2008 4:19:47 PM (3817 views)

Not paid for services rendered. - Joan Bastian/NH
2/6/2008 7:30:10 AM (2948 views)
Re: Not paid for services rendered. - Ron McPherson/IA
2/6/2008 12:11:36 PM (3957 views)

2008 All-Star Team - Jay Duncan/MO
2/5/2008 3:48:53 PM (3686 views)

Interesting Article on Mortgage Fraud in Pittsburgh - Jason Sheppard/PA
2/4/2008 9:09:48 PM (4231 views)


Real Title Services


Patriot Properties Webpro - christine /MA
2/4/2008 9:54:46 AM (3421 views)
Re: Patriot Properties Webpro - ARTHUR LIPPMAN/MA
2/4/2008 11:39:21 AM (3986 views)
Re: Patriot Properties Webpro - Mark Constable/MA
2/4/2008 5:20:42 PM (5730 views)

Has anyone else gotten an email.. - Scott Perry/PA
2/3/2008 10:24:09 PM (3330 views)
Re: Has anyone else gotten an email.. - David Bloys/TX
2/4/2008 12:03:22 AM (4093 views)
Re: Has anyone else gotten an email.. - ARTHUR LIPPMAN/MA
2/4/2008 7:47:33 AM (4109 views)
Re: Has anyone else gotten an email.. - Vikki Moffitt/GA
2/4/2008 8:00:58 AM (3990 views)
Re: Has anyone else gotten an email.. - Jay Duncan/MO
2/4/2008 8:09:48 AM (4004 views)
Re: Has anyone else gotten an email.. - Jean Allen/NC
2/4/2008 9:00:45 AM (3943 views)
Re: Has anyone else gotten an email.. - Scott Perry/PA
2/4/2008 8:53:11 AM (3935 views)
Re: Has anyone else gotten an email.. - Leslie Solt/PA
2/4/2008 2:39:16 PM (3903 views)
Re: Has anyone else gotten an email.. - STEVE MEINECKE/TN
2/4/2008 3:38:47 PM (3838 views)
Re: Has anyone else gotten an email.. - Anita Backlund/MN
2/4/2008 10:37:28 PM (4032 views)
Re: Has anyone else gotten an email.. - Robb Grandon/MI
2/5/2008 9:43:38 AM (4226 views)
Re: Has anyone else gotten an email.. - Scott Perry/PA
2/5/2008 3:16:27 PM (4124 views)
Re: Has anyone else gotten an email.. - Ron McPherson/IA
2/5/2008 8:16:33 PM (4136 views)
Re: Has anyone else gotten an email.. - Candi Richter/NJ
2/6/2008 12:54:53 AM (3853 views)
Re: Has anyone else gotten an email.. - DEE NYHUS/OR
2/11/2008 11:32:40 AM (4024 views)
Re: Has anyone else gotten an email.. - William Pattison /CA
2/11/2008 1:34:31 PM (4073 views)

REAL Lawyer Jokes - Ron McPherson/IA
2/3/2008 7:49:11 PM (2862 views)
Re: REAL Lawyer Jokes - Kevin Ahern/CT
2/4/2008 6:46:57 AM (3923 views)
Re: REAL Lawyer Jokes - Scott Perry/PA
2/4/2008 7:16:15 AM (4068 views)
Re: REAL Lawyer Jokes - Kevin Ahern/CT
2/4/2008 7:35:14 AM (4083 views)
Re: REAL Lawyer Jokes - george Hubka/MI
2/4/2008 10:44:53 AM (3870 views)
Re: REAL Lawyer Jokes - Kevin Ahern/CT
2/4/2008 12:49:21 PM (3827 views)
Re: REAL Lawyer Jokes - george Hubka/MI
2/4/2008 6:53:01 PM (3827 views)
Re: REAL Lawyer Jokes - Jay Duncan/MO
2/4/2008 9:04:13 PM (3891 views)
Re: REAL Lawyer Jokes - george Hubka/MI
2/5/2008 5:22:37 PM (3940 views)
Re: REAL Lawyer Jokes - Jay Duncan/MO
2/5/2008 8:12:23 PM (3902 views)
Re: REAL Lawyer Jokes - Anita Backlund/MN
2/4/2008 10:35:17 PM (4010 views)
Re: REAL Lawyer Jokes - Kevin Ahern/CT
2/5/2008 3:44:00 AM (4164 views)

Want advice about whether to consider entering the field? - James Guill/VA
2/3/2008 2:25:41 AM (3196 views)
Re: Want advice about whether to consider entering the field? - Kevin Ahern/CT
2/3/2008 7:31:30 AM (4094 views)
Re: Want advice about whether to consider entering the field? - george Hubka/MI
2/3/2008 2:29:50 PM (4366 views)
Re: Want advice about whether to consider entering the field? - Kevin Ahern/CT
2/3/2008 3:11:20 PM (4323 views)
Re: Want advice about whether to consider entering the field? - Ron McPherson/IA
2/3/2008 8:09:09 PM (4333 views)
Re: Want advice about whether to consider entering the field? - Karen Dykshoorn/IA
2/3/2008 8:14:37 PM (3796 views)
Re: Want advice about whether to consider entering the field? - Ron McPherson/IA
2/5/2008 7:25:24 PM (3780 views)
Re: Want advice about whether to consider entering the field? - Karen Dykshoorn/IA
2/3/2008 8:11:33 PM (3934 views)
Re: Want advice about whether to consider entering the field? - Shari Lee  Beynon/FL
2/4/2008 10:03:19 AM (3833 views)
Re: Want advice about whether to consider entering the field? - george Hubka/MI
2/4/2008 10:50:37 AM (3792 views)
Re: Want advice about whether to consider entering the field? - Jeanine Johnson/FL
2/8/2008 4:46:02 PM (4041 views)

MERS and DOT - Jeanine Johnson/FL
1/31/2008 5:57:24 PM (3186 views)
Re: MERS and DOT - Jay Duncan/MO
1/31/2008 6:31:16 PM (6413 views)

ASA REAL ESTATE TITLE SERVICES - ARTHUR LIPPMAN/MA
1/31/2008 3:46:37 PM (3180 views)
Re: ASA REAL ESTATE TITLE SERVICES - Joanie Hahr/VT
2/6/2008 5:25:46 PM (3994 views)

Red Vision - David Bloys/TX
1/31/2008 3:36:37 PM (5028 views)
Re: Red Vision - Jarrod Clabaugh/OH
1/31/2008 3:49:47 PM (4267 views)
Re: Red Vision - Janice /OH
2/1/2008 2:45:25 PM (3920 views)

I need your help! And So Do Your Local Officials - David Bloys/TX
1/31/2008 1:56:29 PM (4533 views)
Re: I need your help! And So Do Your Local Officials - David Bloys/TX
1/31/2008 3:24:05 PM (4050 views)
Re: I need your help! And So Do Your Local Officials - Jason Sheppard/PA
2/4/2008 5:29:01 PM (3741 views)
Re: I need your help! And So Do Your Local Officials - Jason Sheppard/PA
2/4/2008 5:29:01 PM (3679 views)

Real Estate One aka REO Land Services, Inc. - VIVIAN SLYKER/OH
1/31/2008 1:41:34 PM (3755 views)
Re: Real Estate One aka REO Land Services, Inc. - Kevin Ahern/CT
1/31/2008 3:31:58 PM (4235 views)
Re: Real Estate One aka REO Land Services, Inc. - Kevin Ahern/CT
2/1/2008 10:41:54 AM (4151 views)
We seem to keep seeing the same repeated complaints of non-payment for abstracting services, and former clients disappearing into the sunset.  So much of it could be avoided if the abstractors would take the time to gather some information from a client, and insist that it be printed on a search order.

We have already discussed the liability of the agent acting for an undisclosed principal in earlier posts. However, even more avenues of redress for non-payment are open to the abstractor in situations in which the client is acting as an agent for a disclosed principal.
 
Agents properly acting within the capacity of their agency can bind their clients to contract with you for abstracting services. In many cases it is simply a matter of knowing the identity of that party. As far as signing agents are concerned...they have that information available to them when they receive a copy of the HUD 1 form in the document package. The abstractors are less fortunate , and are reliant on the information in the search order.

We have discussed the wisdom of having both your fee and the date of payment for your services printed on the search order. It is also a good idea to request that the identity of the title company and lender who will ultimately benefit from your services be printed on the search order.

In a situation in which you are dealing with a client that requests a search for his client...you are most likely dealing with an agency relationship. If your client is not acting as an agent or if he is acting as an agent for an undisclosed principal...he is liable to you. If he has fully disclosed the identity of his principal, and has not transgressed the scope of his agency...his client (principal) is liable to you. That may be a lender or title company.

When I have been confronted with this situation...I normally sue both the agent and the principal on alternate theories of liability. One count of the complaint is directed at the agent. The second count of the complaint is directed at his client (principal). Seems to work every time. Most often one or the other will want to settle the matter in short order.

I know that many of the abstractors do not have the tenacity to follow through on a suit, and simply give up on an unpaid bill. However, you should know that the majority of these cases never go to trial, and wind up settling.

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Re: Real Estate One aka REO Land Services, Inc. - Dan Zook/NY
2/1/2008 12:12:23 PM (4245 views)
Re: Real Estate One aka REO Land Services, Inc. - Kevin Ahern/CT
2/1/2008 12:18:29 PM (4260 views)
Re: Real Estate One aka REO Land Services, Inc. - Dan Zook/NY
2/1/2008 2:43:15 PM (3862 views)
Re: Real Estate One aka REO Land Services, Inc. - Jessica Talley/NJ
2/1/2008 5:09:00 PM (3896 views)

AFX Corp. - Anita Backlund/MN
1/28/2008 11:16:46 PM (3350 views)
Re: AFX Corp. - STEVE MEINECKE/TN
1/28/2008 11:57:12 PM (3930 views)
Re: AFX Corp. - ks/IN
1/29/2008 8:48:29 AM (4370 views)
Re: AFX Corp. - Jessica Talley/NJ
1/29/2008 1:40:45 PM (4217 views)
Re: AFX Corp. - Anita Backlund/MN
1/29/2008 10:22:45 PM (4353 views)
Re: AFX Corp. - ANTHONY MUZIO/NY
1/30/2008 7:26:12 PM (4323 views)
Re: AFX Corp. - Vincent Hanna/VA
1/31/2008 12:17:23 PM (4222 views)
Re: AFX Corp. - Anita Backlund/MN
2/8/2008 11:19:26 PM (4075 views)


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