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[+] Code of Ethics - Jay Duncan/MO (8 replies)
10/21/2005 10:35:01 AM (4672 views)

[+] research time? - GORDON TINSLEY/CA (9 replies)
10/20/2005 4:54:52 AM (3709 views)

[+] QUICK POLL - Scott Perry/PA (35 replies)
10/19/2005 9:55:01 PM (3750 views)

[+] This has been bugging me . . . - Michaela Urban/OH (21 replies)
10/18/2005 9:57:44 AM (3773 views)

[+] New member of Phoenix Document Service! - Kurt deVries/FL (10 replies)
10/17/2005 4:50:18 PM (3687 views)




[+] LENDERS SERVICES DIRECT TULSA, OK - Becky Kale/IL (4 replies)
10/17/2005 2:22:31 PM (3670 views)

[+] Okay, another question. - Tammy Knight/MO (4 replies)
10/16/2005 10:18:06 PM (3477 views)

[+] Fed up! - Spencer Kinsey/AR (5 replies)
10/15/2005 12:36:11 PM (3562 views)

[+] indexing - Douglas Gallant/OH (6 replies)
10/15/2005 12:31:46 PM (3325 views)

Questions about VMC's - Donna Grady/NC
10/14/2005 10:32:19 PM (2756 views)

[+] Anyone heard of this company.... - Loretta Reed/MD (1 reply)
10/14/2005 1:16:42 PM (3509 views)

[+] A word about prices... - Robert Franco/OH (5 replies)
10/13/2005 5:40:44 PM (3888 views)

[+] Here's my rant - Loretta Reed/MD (7 replies)
10/13/2005 11:05:00 AM (3257 views)

[+] Refaxing - Danielle Nelson/WI (8 replies)
10/12/2005 2:14:31 PM (3262 views)

[-] Rant! - Tammy Knight/MO (16 replies)
10/12/2005 12:49:24 AM (3168 views)
Re: Rant! - Kurt deVries/FL
10/12/2005 2:02:22 PM (5432 views)
Re: Rant! - Robert Franco/OH
10/12/2005 3:11:23 PM (5480 views)

Excellent topic for discussion...  It is unfortunate that abstractors do not have an efficient course of action when clients fail to make payments.   There are several options, but they all have some level of difficulty or risk associated with them.

LEGAL ACTION - As Kevin Ahern has pointed out, the law provides for remedies in such cases.  However, the legal fees associated often make the use of the court system cost prohibitive.  Even if you win, you are still in a position of having to expend further efforts collecting on a judgment.

COLLECTION AGENCIES - This often is unsatisfying because even if the collection agency is successful, they are going to take a large portion of the amount collected.  Sometimes, collection agencies offer services with up-front fees that could be wasted if payment is not obtained.

RANSOM - Some abstractors have held work hostage for payment of delinquent accounts.  This can be risky.  In the case where the abstractor holds a filing, if an intervening lien is filed while the abstractor is holding the documents I would imagine that there would be some liability involved.  This also affects the borrower, or homeowner, and not just the client.  I never recommend holding filings - either file them or return them to the client immediately.  Holding new search orders is not as risky in this regard, as long as you let the client know that you are not completing the order until their account is paid, however, they are likely to cancel the order and place it elsewhere; which is ineffective in trying to collect a delinquent account.

PUBLIC POSTING OF NON-PAYMENT - This is what has been referred to in the previous post by Tammy.  It costs the abstractor nothing, and could hurt the non-paying client by making it difficult for them to find other abstractors willing to take the same risks.  It seems to have been effective, as we have seen on this forum.  However, one of these days it could spawn a lawsuit by the client for libel.  Source of Title has been threatened with lawsuits in the past for not removing these posts and I cringe every time I see one.  However, this is a public forum and Source of Title disclaims any liability for the content of the posts.  The forums are not censored and the person posting the information accepts full liability for the content.  Still, I do not encourage this type of posting. 

BLACK-LISTING - Creating lists of "dead-beat" clients has been suggested many times on this forum.  It would serve the purpose of letting other clients know what clients have a reputation of not paying their abstractors, however, there is no good way to verify the information.  We have all had clients that we have had good experiences with that others complain about, and vice versa.  Even more so than a single posting on the forum, this type of behavior could result in a lawsuit. I certainly would not be willing to participate in such a list.

Unfortunately, there is no good way to collect from a client that is just not willing to step-up and pay for the work they order.  Due to the nature of the business, abstractors are in a very weak bargaining position.  There are always going to be other abstractors willing to take on new business and accept the risk of not being paid.

Cut clients off early, before they owe too much.  Don't do any more work for them and consider it a learning experience.  If it is truly a large balance, it may be worth pursuing legal action.

I wish I had better advice... if anyone else does, please share it.

Best,
Robert A. Franco
SOURCE OF TITLE

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Re: Rant! - Scott Perry/PA
10/12/2005 6:03:33 PM (5358 views)
Re: Rant! - Kevin Ahern/CT
10/12/2005 5:06:42 PM (5388 views)
Re: Rant! - LAWANDA MCMILLIAN/AR
10/12/2005 8:21:41 PM (5370 views)
Re: Rant! - Scott Perry/PA
10/12/2005 10:02:17 PM (5370 views)
Re: Rant! - Robert Franco/OH
10/13/2005 12:26:35 AM (5404 views)
Re: Rant! - Tammy Knight/MO
10/13/2005 1:22:50 AM (5384 views)
Re: Rant! - Lisa Ramsey/TX
10/14/2005 10:02:18 AM (5397 views)
Re: Rant! - Kevin Ahern/CT
10/14/2005 12:29:44 PM (5267 views)
Re: Rant! - Kevin Ahern/CT
10/14/2005 12:48:29 PM (5316 views)
Re: Rant! - Kevin Ahern/CT
10/13/2005 4:56:56 AM (5246 views)
Re: Rant! - Iris Buchman/FL
10/13/2005 4:44:01 PM (5297 views)
Re: Rant! - Kevin Ahern/CT
10/14/2005 8:06:47 AM (5332 views)
Re: Rant! - Tammy Knight/MO
10/16/2005 10:08:48 PM (5363 views)
Re: Rant! - Kevin Ahern/CT
10/17/2005 8:21:44 AM (5709 views)


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