With respect to the question originally posed...more information would be needed for a definitive answer.

However, much of the disclosure obligation would depend on the scope of the engagement between the parties, prior course of dealing and industry standards. The obligations of performance under the contract would establish liability for an action for contract breach and would also establish the duty owed in an alternate count for negligence.

      a) Did the services requested include a search of the land records only, or were the secretary of state's records also to be searched for liens on personal property,

      b) Was the lien the type of lien that needed to be recorded in the records required to be searched by the scope of the engagement,

      c)  Regardless of whether or not it was recorded, did the law of the subject state make it an inchoate lien similar to a mechanic's lien for the period during which a delay in recording is permitted...In which case it would not have shown up in the records searched, and may have been addressed by an affidavit in the closing documents,

      d) Was the child support lien the result of a divorce decree, and if so, was the payor required to deed his property interest over to the payee thereby, thus rendering the subject property incapable of securing the child support payment,

       e)  To what degree was the lender (loan officer) aware of the payment obligation through the loan application or credit report (If it appeared on either it would be fairly difficult for him to deny knowledge of it).to post a reply: login - or - register