Real Title Services
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



[+] Public Note of Thanks - Helene Gonzalez/GA (3 replies)
7/8/2005 10:23:42 PM (3577 views)

[+] abstracting in LA - Michael Frank/TX (1 reply)
7/8/2005 10:13:51 AM (2570 views)

[+] So, You Want To Out-Source Overseas??? - Jay Duncan/MO (2 replies)
7/7/2005 12:49:46 PM (3686 views)

[+] Nationwide Title Clearing - Danielle Nelson/WI (10 replies)
7/7/2005 10:27:44 AM (2795 views)

Abstractor Software... - Robert Franco/OH
7/6/2005 5:03:56 PM (2115 views)




Texas Courthouses - Lisa Ramsey/TX
7/2/2005 1:06:43 PM (2153 views)

Women in business resource - J Nisonger/CA
7/1/2005 11:55:16 AM (3145 views)

[-] Searcher Liability Question - Larry Crooks/OH (8 replies)
6/29/2005 4:02:29 PM (2707 views)
Re: Searcher Liability Question - Kevin Ahern/CT
6/29/2005 5:03:27 PM (3790 views)
Re: Searcher Liability Question - Robert Franco/OH
6/29/2005 7:17:46 PM (4047 views)
Re: Searcher Liability Question - Lisa Ramsey/TX
6/29/2005 11:39:52 PM (4101 views)
Re: Searcher Liability Question - Larry Crooks/OH
6/30/2005 6:49:16 AM (3896 views)
Re: Searcher Liability Question - Kevin Ahern/CT
6/30/2005 8:41:48 AM (4166 views)



I think your inquiry relates to apportioning liability between an abstractor and an abstractor with whom he has subcontracted work. Most states have a procedure for this once the litigation has begun. In Connecticut it is called Third Party Practice, it may have a different name in your state. Third party practice involves impleading the subcontracted abstractor into the case as a third party defendant. The procedure allows the defendant (abstractor) to pass all or part of his liabilty to the third party defendant (subcontracted abstractor). The plaintiff would undoubtedly seek the full measure of damages from the defendant (abstractor).  The defendant(abstractor) would in turn file a third party claim within the same law suit against the third party defendant (subcontracted abstractor) to recover all or part of the damages for which the defendant (abstractor) was held liable to the plaintiff . This procedure is the obligation of the defendant in the event that the subcontracted abstractor has not been made a codefendant in the case by the plaintiff initially or in the event that the subcontracted abstractor was not joined as a codefendant at a later date. 

In the event that the plaintiff has made the subcontracted abstractor a codefendant to the suit seeking joint and several liability, the laws of your state might permit the abstractor to seek an apportionment of all or part of the claim by filing a cross complaint against the subcontracted abstractor. In Connecticut our laws do allow for apportionment of liability among codefendants in tort claims such as negligence.

The abstractor remains liable to the plaintiff for the judgment regardless of whether he has obtained a judgment against the subcontracted abstractor. It is up to the abstractor to enforce his third party judgment against the subcontracted abstractor. Therefore, when subcontracting work to another abstractor it is a good idea to make certain that he has e&o insurance in place. Otherwise he may not have sufficient assets to pay the abstractor's claim, and the abstractor will not be able to recover sufficient funds to reimburse him for payments the abstractor is required to make to the plaintiff.


I am not certain if this answers your question. In the event that you are ever sued, these are matters that you should keep in mind and discuss with your e&o insurer and attorney.

to post a reply: login - or - register


Re: Searcher Liability Question - Robert Franco/OH
6/30/2005 10:05:58 AM (4057 views)
Re: Searcher Liability Question - Larry Crooks/OH
6/30/2005 12:37:48 PM (3951 views)
Re: Searcher Liability Question - Regina Engebritson Engebritson/MN
8/10/2005 8:33:33 PM (3746 views)

[+] reporting tax status on searches - christine/MA (5 replies)
6/29/2005 9:02:48 AM (2710 views)

In Response to Robert's Thread of 6/24 - J.T. Shoemaker/NY
6/27/2005 9:16:08 AM (3362 views)

[+] Mr Davis and his claims - James "Lin" Toney/MS (7 replies)
6/26/2005 11:23:26 PM (2804 views)

[+] QUESTION FOR TECHIES - Scott Perry/PA (7 replies)
6/26/2005 10:21:53 PM (2674 views)

[+] Non-payment for services rendered - Serena Stout/VA (3 replies)
6/24/2005 12:08:53 PM (3016 views)

[+] The worst invention ever! - Robert Franco/OH (9 replies)
6/24/2005 9:32:21 AM (2876 views)

Sorry.... - Jason Sheppard/PA
6/23/2005 5:33:58 PM (2144 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 8977 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:

Practical Obscurity, Revisited
Blurbs from the Bossman
2026/08/06
0 comments

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

Articles

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

National Association of REALTORS® Names 2026 Good Neighbor Awards Finalists
“Each of this year’s Good Neighbor Awards finalists represents the power of service to transform lives and c...
September Jobs Report Commentary from MBA's Mike Fratantoni
The National Association of REALTORS® launched “Protecting Your Clients and Your Business From Fraud,” ...
CertifID Acquires Closinglock to Build a More Protected and Connected Closing Experience
“Title companies are being asked to protect more, move faster and deliver a better experience at a time when the r...
Mortgage Applications Decrease in Latest MBA Weekly Survey
“Mortgage rates jumped to their highest level in almost three years, pushing borrowers to the sidelines. The 30-ye...
MISMO Publishes AVM Accuracy Testing Guidance for Lenders
MISMO®, the real estate finance industry's standards organization, today announced the release of the Automated Val...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.