Here is another thing to consider... When it comes to situations like you mentioned, regarding a title defect from failure to probate a decedent's estate, it is highly unlikely that a computer or someone conducting an online search is going to catch it. However, if you think about how most of the claims originate it becomes a moot point. I would say that the majority of those types of claims are discovered by a thorough title search. If everyone is using the same program, or online database, then it stands to reason that while it will let a lot of potential claims slip through - they will never be discovered and nobody will ever have to pay off on them.
It is more the claims that arise from someone who is owed money - such as a mortgage or judgment lien - that will eventually be made without a thorough title search when someone starts a foreclosure action to collect. Those are the items that the online systems are designed to catch.
I guess what it comes down to is that, the direction the industry is going, nobody will be doing thorough title searches and there will be less claims reported. Though there will certainly be the potential for many more claims out there.
Best,
Robert A. Franco
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