In NC, we have tenants by the entirety. If the property is titled in both husband and wife's names, judgments do not apply unless they are in both husband and wife's names. Recent changes to the rule has been that this will no longer apply to IRS liens.
As a title examiner in earlier years, we were taught that whatever the usual and custom practice of searching in your county was upheld. For example, if two or more title examiners checked the marriage records for maiden names the rest of the searchers in this county would need to. That was the days when we all had to work for law offices and we talked to each other to find out what was usual and custom practices.
If you are given the maiden name purposely and asked to check that name too, then you should check judgments in that name. But with today's standards of immediate turnaround time, how many of us would have time to check each female we search for marriage, divorce, and maiden names? Our vital records are located in a separate building from the Register of Deeds Office and are not totally available online. Plus, if one had go to the Clerk of Courts Office (another separate building) to pull divorce cases for each female searched it would take hours to sort through the cases.
We are not superhuman which is what all this 24 hour turnaround time purports that we are. That is the reason for all the recent increase in claims because we do not get enough time to do a search in a timely manner. And, the lenders should be held accountable for any missed maiden names because they did not ask for nor provide the name. I agree with what someone said on this thread, any judgment should show up on her credit report therefore the lenders have a check and balance situation. If it is on the credit report and not found in the title search, the lender should ask for a recheck from the title searcher. Just my 2 cents worth.
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