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



[+] More Security Issues - Shannon Blatt/VA (9 replies)
7/9/2005 10:47:23 AM (2616 views)

[+] E&O insurance continued... - Loretta Reed/MD (10 replies)
7/9/2005 10:18:53 AM (2540 views)

[+] Former employees disclosures - SHARON YAHRAES/ID (12 replies)
7/9/2005 2:30:28 AM (2761 views)

[+] Public Note of Thanks - Helene Gonzalez/GA (3 replies)
7/8/2005 10:23:42 PM (3499 views)

[+] abstracting in LA - Michael Frank/TX (1 reply)
7/8/2005 10:13:51 AM (2485 views)




[+] So, You Want To Out-Source Overseas??? - Jay Duncan/MO (2 replies)
7/7/2005 12:49:46 PM (3589 views)

[+] Nationwide Title Clearing - Danielle Nelson/WI (10 replies)
7/7/2005 10:27:44 AM (2712 views)

Abstractor Software... - Robert Franco/OH
7/6/2005 5:03:56 PM (2046 views)

Texas Courthouses - Lisa Ramsey/TX
7/2/2005 1:06:43 PM (2079 views)

Women in business resource - J Nisonger/CA
7/1/2005 11:55:16 AM (3069 views)

[-] Searcher Liability Question - Larry Crooks/OH (8 replies)
6/29/2005 4:02:29 PM (2643 views)
Re: Searcher Liability Question - Kevin Ahern/CT
6/29/2005 5:03:27 PM (3430 views)
Re: Searcher Liability Question - Robert Franco/OH
6/29/2005 7:17:46 PM (3648 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 (3722 views)
Re: Searcher Liability Question - Larry Crooks/OH
6/30/2005 6:49:16 AM (3539 views)
Re: Searcher Liability Question - Kevin Ahern/CT
6/30/2005 8:41:48 AM (3781 views)
Re: Searcher Liability Question - Robert Franco/OH
6/30/2005 10:05:58 AM (3680 views)
Re: Searcher Liability Question - Larry Crooks/OH
6/30/2005 12:37:48 PM (3510 views)
Re: Searcher Liability Question - Regina Engebritson Engebritson/MN
8/10/2005 8:33:33 PM (3417 views)

[+] reporting tax status on searches - christine/MA (5 replies)
6/29/2005 9:02:48 AM (2627 views)

In Response to Robert's Thread of 6/24 - J.T. Shoemaker/NY
6/27/2005 9:16:08 AM (3222 views)

[+] Mr Davis and his claims - James "Lin" Toney/MS (7 replies)
6/26/2005 11:23:26 PM (2659 views)

[+] QUESTION FOR TECHIES - Scott Perry/PA (7 replies)
6/26/2005 10:21:53 PM (2494 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:

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

Shared Driveway Agreements
Marissa Berends's Blog
2025/12/10
0 comments

Articles

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

Partner Releases 2026 Guide to ALTA/NSPS Land Title Surveys to Help Real Estate Stakeholders Navigate Updated Industry Standards
Now in its fourth iteration, Partner's ALTA/NSPS Guide reflects the firm's continued commitment to educating the market ...
Mortgage Applications Decrease in Latest MBA Weekly Survey
“The prospect of easing energy prices given the evolving situation in the Middle East brought mortgage rates sligh...
Economic Uncertainty Slows Single-Family Construction Across All Geographies
“Markets continue to shift single-family construction activity away from high-density population centers toward mo...
MBA Statement on the VA's Updated Loss Mitigation Policies
“We are pleased to see that veteran homeowners will have access to a key loss mitigation option available to other...
Builders Call Attention to 'Silver Tsunami' Supply Constraints During Homeownership Month
“As older Americans stay in their homes longer, the silver tsunami phenomenon won’t solve the housing shorta...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.