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



Accusigning - Kevin Ahern/CT
7/11/2005 5:58:21 PM (2592 views)

[+] QuickClose - Robert Franco/OH (5 replies)
7/11/2005 1:35:12 PM (3696 views)

[+] A funny thing happened.... - SHARON YAHRAES/ID (2 replies)
7/10/2005 1:34:04 PM (2606 views)

[+] More Security Issues - Shannon Blatt/VA (9 replies)
7/9/2005 10:47:23 AM (2640 views)

[+] E&O insurance continued... - Loretta Reed/MD (10 replies)
7/9/2005 10:18:53 AM (2566 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 (3527 views)

[+] abstracting in LA - Michael Frank/TX (1 reply)
7/8/2005 10:13:51 AM (2514 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 (2737 views)

Abstractor Software... - Robert Franco/OH
7/6/2005 5:03:56 PM (2073 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 (3095 views)

[-] Searcher Liability Question - Larry Crooks/OH (8 replies)
6/29/2005 4:02:29 PM (2664 views)
Re: Searcher Liability Question - Kevin Ahern/CT
6/29/2005 5:03:27 PM (3545 views)
Re: Searcher Liability Question - Robert Franco/OH
6/29/2005 7:17:46 PM (3771 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 (3842 views)
Re: Searcher Liability Question - Larry Crooks/OH
6/30/2005 6:49:16 AM (3657 views)
Re: Searcher Liability Question - Kevin Ahern/CT
6/30/2005 8:41:48 AM (3901 views)
Re: Searcher Liability Question - Robert Franco/OH
6/30/2005 10:05:58 AM (3790 views)
Re: Searcher Liability Question - Larry Crooks/OH
6/30/2005 12:37:48 PM (3666 views)
Re: Searcher Liability Question - Regina Engebritson Engebritson/MN
8/10/2005 8:33:33 PM (3523 views)

[+] reporting tax status on searches - christine/MA (5 replies)
6/29/2005 9:02:48 AM (2648 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:

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.

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...
June New Home Purchase Mortgage Applications Increased 2.4 Percent
“Applications to purchase new homes continued to run stronger than last year’s pace. However, there was a de...
MISMO Enhances SMART Doc® Implementation Guide to Support Secure, Digital Mortgage Processes
MISMO®, the real estate finance industry's standards organization, today announced the release of an updated versio...
Builder Sentiment Stays Weak as Affordability Concerns Persist
“Many potential buyers remain on the sidelines as they wait for lower mortgage rates, more certainty on inflation ...
NAR Pending Home Sales Report Shows 5.4% Decrease in June
“The highest mortgage rates in nearly a year and the record-high national median home price together are contribut...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.