I don't practice law in the State of Vermont.  I am an independent title abstractor. That said, there is no statutory or case law that defines the practice of law in this state.  At the bottom of each of my current-owner search reports I put the following phrase:  "Notice:  This report contains information from public records only for the search period stated above and is not to be construed as a certificate or opinion of title, title commitment, or title insurance policy.  Abstractors' liability limited to cost of search."  If I find what appears to me to be a title problem, the following is added:  "Please consult Vermont legal counsel."

So far, and I have been a title abstractor for more than eight years, I have had one company call me about this Notice.  That call came yesterday, as a matter of fact.  The complaint was not about the concept that it is information not an opinion, it was about the limited liability clause.  Today, I received yet another notice (maybe a dozen so far) in the onrush of globally faxed complaints from vendor-management companies about abstractors missing mortgages, leaving off pertinent information, and so on.  The latest threatens to decrease my fee by 10% if they decide I'm not getting enough correct information the first time. 

The problems in Vermont recording practices are mainly twofold:  first, the indexing in many of our land records is uneven at best.  Second, because Vermont holds land records by town, not by county, there are many, many, many documents that are sent by out-of-state companies to be recorded in the wrong land records (some of these documents are mis-recorded in the wrong land records; some are returned to the "already recorded" address on the document, and disappear from the planet as far as I can tell).  In the eight-plus years I have been an independent abstractor, I have missed two properly indexed mortgages that I can remember.  Out of close to 8,000 reports.  The companies called, asked me to go back and re-check, and those missed mortgages were found and reported, with thanks from the company for my diligence.

Our vendor-management companies compete by being the cheapest and the quickest.  They relentlessly require our cheapest and quickest service.  Now, suddenly, it is dawning on them that cheapest and quickest does not necessarily buy them top quality.  Surprise!  Only a few of the companies for whom I work tell me that their primary concern is quality and if it takes a little longer then that's fine as long as I get it right for them the first time.  Those are the companies I treasure.  Just as they seem to treasure me.  That's a great, and successful, working relationship.

Anne Gilbert
Title Search Services, Inc.
Vermont