Well, since I hope to be an attorney in another 3 years, I feel compelled to defend the profession. The education is tremendous - there is a reason it takes so many years to complete. And, there is a reason that "only a lawyer can do what lawyers do." If anyone were allowed to practice law would you call your plumber to represent you in court? I would hope not. You would want someone who has been through the riggers of law school and possessed the knowledge that comes along with it.
While you don't have to be a lawyer to be an abstractor, there is much more to abstracting than finding deeds and mortgages. Possessing the understanding of the effect the law gives the legal documents we review for a title search can only make an abstractor better.
In my opinion, that is the problem with abstracting today - too many abstractors focus on finding documents without taking the time to understand their effect on the title. Many title problems are missed, and created, because too many abstractors don't know how to interpret the documents, divorce cases, estates, etc... Even before I began my legal education, I tried to learn the law behind the search. All abstractors should be familiar with the real estate laws, but there is more to law than real estate. Many other areas of law effect real estate titles and vice versa. More and more contract law is working its way into the real estate arena - so are commercial transactions and the UCC. For example, I recently did some research on Mechanic's Liens and the Ohio Revised Code does not discuss them under the Real Estate heading; they are under Commercial Transactions.
So, while you can be a good abstractor without a law degree, a law degree can certainly enhanced an abstractor's skills. I am glad I chose to pursue it and I am looking forward to the next 3 years of grueling study to get there.
Best,
Robert A. Franco
SOURCE OF TITLE
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