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



[+] QuickClose - Robert Franco/OH (5 replies)
7/11/2005 1:35:12 PM (3673 views)

[+] A funny thing happened.... - SHARON YAHRAES/ID (2 replies)
7/10/2005 1:34:04 PM (2591 views)

[+] More Security Issues - Shannon Blatt/VA (9 replies)
7/9/2005 10:47:23 AM (2628 views)

[+] E&O insurance continued... - Loretta Reed/MD (10 replies)
7/9/2005 10:18:53 AM (2550 views)

[+] Former employees disclosures - SHARON YAHRAES/ID (12 replies)
7/9/2005 2:30:28 AM (2769 views)




[+] Public Note of Thanks - Helene Gonzalez/GA (3 replies)
7/8/2005 10:23:42 PM (3514 views)

[+] abstracting in LA - Michael Frank/TX (1 reply)
7/8/2005 10:13:51 AM (2501 views)

[+] So, You Want To Out-Source Overseas??? - Jay Duncan/MO (2 replies)
7/7/2005 12:49:46 PM (3603 views)

[+] Nationwide Title Clearing - Danielle Nelson/WI (10 replies)
7/7/2005 10:27:44 AM (2727 views)

Abstractor Software... - Robert Franco/OH
7/6/2005 5:03:56 PM (2057 views)

Texas Courthouses - Lisa Ramsey/TX
7/2/2005 1:06:43 PM (2087 views)

Women in business resource - J Nisonger/CA
7/1/2005 11:55:16 AM (3082 views)

[-] Searcher Liability Question - Larry Crooks/OH (8 replies)
6/29/2005 4:02:29 PM (2655 views)
Re: Searcher Liability Question - Kevin Ahern/CT
6/29/2005 5:03:27 PM (3484 views)
Re: Searcher Liability Question - Robert Franco/OH
6/29/2005 7:17:46 PM (3699 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 (3773 views)
Re: Searcher Liability Question - Larry Crooks/OH
6/30/2005 6:49:16 AM (3583 views)
Re: Searcher Liability Question - Kevin Ahern/CT
6/30/2005 8:41:48 AM (3828 views)
Re: Searcher Liability Question - Robert Franco/OH
6/30/2005 10:05:58 AM (3729 views)
Re: Searcher Liability Question - Larry Crooks/OH
6/30/2005 12:37:48 PM (3570 views)
Re: Searcher Liability Question - Regina Engebritson Engebritson/MN
8/10/2005 8:33:33 PM (3463 views)

[+] reporting tax status on searches - christine/MA (5 replies)
6/29/2005 9:02:48 AM (2637 views)

In Response to Robert's Thread of 6/24 - J.T. Shoemaker/NY
6/27/2005 9:16:08 AM (3240 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 8973 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:

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

What Is Title Insurance & Benefits
Michael Stelzer's Blog
2026/03/14
0 comments

The Source of Title - Part I: Freedom Written, Freedom Insured
Ben DuBay's Blog
2026/02/15
0 comments

Articles

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

CertifID Acquires CloseSimple to Transform the Real Estate Closing
With CloseSimple now part of CertifID, the combined platform will deepen integrations with title production systems, acc...
Mortgage Applications Decrease in Latest MBA Weekly Survey
“Last week’s CPI data showed that inflation continued to move higher, putting upward pressure on rates early...
NAR Pending Home Sales Report Shows 3.8% Increase in May
“A late spring buyer rush—even with mortgage rates not budging—is an indication of pent-up housing dem...
NAR Chief Economist Lawrence Yun Says Home Sales Expected to Improve in Second Half of 2026
NAR’s current forecast calls for existing-home sales to rise 4% this year, with the median home price also climbin...
May Housing Starts Fall as Multifamily Construction Slows Sharply
“The decline in housing starts aligns with NAHB’s latest builder survey, which showed builder sentiment weak...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.