Hey Patrick,
 Thanks for starting this thread.  It is quite interesting.  I don't know that anything can be done about the various standards that the national companies have for refinances and equity loans.  However, for purchases, most states have established standards of title examination.  Here in Ohio, they were initially established in 1950.  The local bars have addendum's based on local circumstance.
 We also have had a marketable title act since 1961.  Ours is based on the one established in Michigan a couple of years earlier.  In 1990 the national uniform marketable title act was introduced.  My understanding is that more and more states are adopting this national standard for marketable title.  I think it is the mid twenties now.  The standards for examination that the various state bars have established are evolving, and seem to be getting more similar as time goes by.
 When doing a sale, I don't think it is wise of anyone to rely on the client's instructions.  I think we are bound to rely on the standards established in the state's marketable title act, and the standards established by the state bar.
 I have been called to testify in several actions regarding missing easements, questions of ownership, etc.  I always refer back to the bar standards when questioned whether the examiner should have found the problem.  As a title examiner, I would not want to base my defense on saying that I only did what was requested by the client.
 We have a duty not just to the client, but also to the purchaser.