How are abstractors to know whether or not it was really their mistake when claims come years later? I will tell you something I am doing as far as my title searches - I'm printing out the index by name and property to clear my liability and put a misindexed item by the county clerk's office that was later corrected in their ball court for liability. I would think this would substantiate a third-party claim against the county clerk's office and I have been told that they have been sued and judgments won for misindexed items in their office. I really don't know where liability came down to us when the premium to actually cover the liability is within the issuing title premium in my eyes. Even with that, we are doing the work and they are reaping the profits. I guess we need to know - with all the people involved with indexing, etc. who actually is the person that should the hold the liability - shouldn't it be the one getting the insurance premium? Isn't that is what it is for. How can we be liable for something that may not have even existed in the present state of records on the day we did the search. No record is kept of changes and I rarely leave some county courthouses without turning in 1 mistake that day.
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