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[+] Error Rates - Lynn Hammett/SC (5 replies)
2/8/2006 3:16:43 PM (2528 views)

[+] Policy Writing - George Booth/OH (7 replies)
2/8/2006 11:54:01 AM (2436 views)

[+] Another judgement question - Lynn Hammett/SC (7 replies)
2/8/2006 10:53:11 AM (2530 views)

Just checking - Tammy Knight/MO
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[+] Outrageous Copy Costs - Danielle Nelson/WI (11 replies)
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[+] Jay - J Nisonger/CA (8 replies)
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Best Company of the Month! - J Nisonger/CA
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[+] CONGRATULATIONS, STEELERS!!! - Scott Perry/PA (7 replies)
2/5/2006 10:11:45 PM (2509 views)

Thank You Amerisearch (f/k/a) - Lisa Ramsey/TX
2/4/2006 12:16:34 PM (2064 views)

[+] hand held scanners - Robert Breakell/CT (9 replies)
2/3/2006 7:05:56 PM (2417 views)

Feedback/Company Reviews - Robert Franco/OH
2/3/2006 11:12:38 AM (1975 views)

[+] USA Map - Smitty Strickland/SC (6 replies)
2/2/2006 6:41:35 PM (2535 views)

[-] Judgment question for abstractors - dotty foehrenbach/PA (13 replies)
2/2/2006 4:29:15 PM (2492 views)
Re: Judgment question for abstractors - Robert Franco/OH
2/2/2006 5:16:28 PM (3741 views)

The legal term for you question is "idem sonans"; it is Latin for "two names having the same or similar pronunciation".  Though there is some debate, it has always been my understanding that the abstractor is responsible for "alike sounding names".  There is case law that supports both sides of the argument. 

A 1988 case from the First Appellate District in Ohio held that the doctrine of idem sonans is inapplicable to names that are misspelled in judgment-lien name indexes because the additional time necessary to examine name indexes would make the examinations financially prohibitive.  

The courts seem to place an emphasis on whether or not the indexing serves as constructive notice to third parties.  So, if the name is so mangled that it would not be found by a reasonably prudent abstractor then the doctrine would not likely be applied.  In one case, a lien against "Earnest" was mis-indexed as "Ernest" and was upheld when two abstractors testified that they would have searched under both spellings. 

In my opinion, in your example Ronald, Ronnie, Ron, etc., all indicate the same person and a reasonable search of the public records should be made to check for common variations - it wasn't exactly a misspelling.  In a computer index, any variation of a name can cause problems, but it would seem unwise to search only for "Ronald" when entering "Ron" would have likely returned all of the results.  I think your searcher should have found any lien filed under one of these variations.  I would be furious if one of my abstractors made such a mistake; they all know better.  Yet, anyone can do it, if they are in a hurry. 

This is a very interesting topic and I may do some more research for an article on the subject. 

Best,
Robert A. Franco
SOURCE OF TITLE

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Re: Judgment question for abstractors - Smitty Strickland/SC
2/2/2006 6:00:36 PM (3665 views)
Re: Judgment question for abstractors - Brad McCollom/IN
2/2/2006 6:49:02 PM (3676 views)
Re: Judgment question for abstractors - Robert Breakell/CT
2/2/2006 7:43:13 PM (3687 views)
Re: Judgment question for abstractors - Scott Perry/PA
2/2/2006 8:43:36 PM (3618 views)
Re: Judgment question for abstractors - Lisa Ramsey/TX
2/2/2006 9:57:11 PM (3550 views)
Re: Judgment question for abstractors - Scott Perry/PA
2/3/2006 7:52:25 AM (3639 views)
Re: Judgment question for abstractors - Robert Franco/OH
2/3/2006 10:52:20 AM (3460 views)
Re: Judgment question for abstractors - Loretta Reed/MD
2/4/2006 9:25:35 AM (3524 views)
Re: Judgment question for abstractors - Lisa Ramsey/TX
2/4/2006 2:43:45 PM (3499 views)
Re: Judgment question for abstractors - Kevin Ahern/CT
2/4/2006 6:10:04 PM (3547 views)
Re: Judgment question for abstractors - Lisa Ramsey/TX
2/5/2006 1:53:19 PM (3546 views)
Re: Judgment question for abstractors - dotty foehrenbach/PA
2/6/2006 1:54:00 PM (3499 views)

[+] Title Source/Zen Title $$ - John OConnor/IL (6 replies)
2/2/2006 11:35:13 AM (2569 views)

[+] Richmond Monroe Research - Julie Jasiunas/WI (16 replies)
2/2/2006 11:10:51 AM (2425 views)


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