Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | show all replies



[+] ...and in the "Dumb Question Department"... - Scott Perry/PA (10 replies)
7/11/2005 6:11:00 PM (2659 views)

Accusigning - Kevin Ahern/CT
7/11/2005 5:58:21 PM (2600 views)

[+] QuickClose - Robert Franco/OH (5 replies)
7/11/2005 1:35:12 PM (3697 views)

[+] A funny thing happened.... - SHARON YAHRAES/ID (2 replies)
7/10/2005 1:34:04 PM (2608 views)

[+] More Security Issues - Shannon Blatt/VA (9 replies)
7/9/2005 10:47:23 AM (2643 views)




[+] E&O insurance continued... - Loretta Reed/MD (10 replies)
7/9/2005 10:18:53 AM (2568 views)

[+] Former employees disclosures - SHARON YAHRAES/ID (12 replies)
7/9/2005 2:30:28 AM (2785 views)

[+] Public Note of Thanks - Helene Gonzalez/GA (3 replies)
7/8/2005 10:23:42 PM (3528 views)

[+] abstracting in LA - Michael Frank/TX (1 reply)
7/8/2005 10:13:51 AM (2515 views)

[+] So, You Want To Out-Source Overseas??? - Jay Duncan/MO (2 replies)
7/7/2005 12:49:46 PM (3624 views)

[+] Nationwide Title Clearing - Danielle Nelson/WI (10 replies)
7/7/2005 10:27:44 AM (2740 views)

Abstractor Software... - Robert Franco/OH
7/6/2005 5:03:56 PM (2075 views)

Texas Courthouses - Lisa Ramsey/TX
7/2/2005 1:06:43 PM (2100 views)

Women in business resource - J Nisonger/CA
7/1/2005 11:55:16 AM (3099 views)

[-] Searcher Liability Question - Larry Crooks/OH (8 replies)
6/29/2005 4:02:29 PM (2665 views)
Re: Searcher Liability Question - Kevin Ahern/CT
6/29/2005 5:03:27 PM (3551 views)
Re: Searcher Liability Question - Robert Franco/OH
6/29/2005 7:17:46 PM (3780 views)

I don't think there is any doubt that the abstractor is liable for the full amount.  In a Pennsylvania lawsuit an abstractor was held liable for a $176,000 loss for missing a judgment lien. (see Searcher Owes Insurer for Missed Judgment) That searcher even used a disclaimer on his search attempting to limit the liability to $25.

The real issue is - why aren't the abstractors compensated for the liability?  If I do a search and the client issues a $50,000 loan policy, I don't have nearly as much liability as I do if they issue a $500,000 owner's policy.  However, assuming I did a full search for both - I am not compensated any more for the additional liability.

On the other hand, the insurer is charging the consumer a lot more for the $500,000 owner's policy.  The agent is paid very well for the increased liability and they are still able to pass most of that liability off to the searcher.

I think that before a company decides to ask the abstractor for a penny they should think about the ethics involved.  If they aren't sharing the profits, they shouldn't be expecting to offload the liability. But that is just my opinion.

There is a big difference between what's legal and what's ethical.  Unfortunately, even if a company chooses not to seek damages from the abstractor, their E&O company may if they pay the claim.

Bottom line, there is a lot of liability in this business and the fees do not justify it.  It is just something we all have to deal with.

Best,
Robert A. Franco
SOURCE OF TITLE

to post a reply: login - or - register


Re: Searcher Liability Question - Lisa Ramsey/TX
6/29/2005 11:39:52 PM (3849 views)
Re: Searcher Liability Question - Larry Crooks/OH
6/30/2005 6:49:16 AM (3663 views)
Re: Searcher Liability Question - Kevin Ahern/CT
6/30/2005 8:41:48 AM (3909 views)
Re: Searcher Liability Question - Robert Franco/OH
6/30/2005 10:05:58 AM (3798 views)
Re: Searcher Liability Question - Larry Crooks/OH
6/30/2005 12:37:48 PM (3679 views)
Re: Searcher Liability Question - Regina Engebritson Engebritson/MN
8/10/2005 8:33:33 PM (3531 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8975 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

Beneath Every Closing Lies a Story
Michael Stelzer's Blog
2026/07/18
0 comments

Residential Appraisers: Reclaim Your Time
Will Duncan 's Blog
2026/07/09
0 comments

ATTENTION CIOs, CTOs, VENDOR MANAGERS, AND SUPPLIER MANAGERS
Will Duncan 's Blog
2026/06/15
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

New Home Sales Edge Higher as Affordability Challenges Persist
“New home sales are gaining some momentum at the more affordable range of the market, with homes priced below $300...
Title Insurance Protects More Than a Transaction. It Protects Property Rights
“Consumers shouldn't have to choose between affordability and protection. The strongest housing market is one that...
Mortgage Applications Increase in Latest MBA Weekly Survey
“Mortgage rates reached another high point last week, with the 30-year conforming rate now at 6.69 percent, its hi...
MBA Announces CONVERGENCE® Baltimore
The Mortgage Bankers Association (MBA), in partnership with the CONVERGENCE Collaborative today announced the launch of ...
Multifamily Gains Lift Overall Starts Despite Single-Family Decline
Strong multifamily growth pushed overall housing starts higher in June, while single-family production remained sluggish...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

© 2020, Source of Title.