Michaela
There seem to be two issues here. The first relates to the payment for your title search. The second relates to your performance with respect to the recording.
They should pay you for your title search. Several months have passed since you have completed it. The client has not notified you of any problem, and in fact has apparently issued a title insurance policy on the strength of the search.
Furthermore, they client gave you excuses and the run around for months when you called to make inquiry about payment. That in effect constitutes an admission on their part that your work was acceptable. Unless there is something of which I am not aware, I would say they owe you the fee.
With respect to the recording, we do not have the difference in recording and effective dates in Connecticut that you do in your state. Documents are an effective part of the public record here immediately upon recording. However, if this enters into the issuance of the policy in question, it would seem that your client is responsible for typing the effective date on the policy. If I understand your explanation, you would not have had the effective date at the time you recorded. The effective date would have been issued by the county some time after the document was recorded. It sounds like the client used the recording date rather than the effective date. I am having difficulty understanding what their problem is.
Robert is right. When you issue a title policy you normally wait for the correct effective recording information before issuing the policy. You need to enter this information on the policy. You would also wait for the title update to be completed before issuing the policy to make certain that all the requirements and conditions precedent had been met (releases of financial encumbrances) before issuing the policy. I issue policies for a major insurance carrier here. I had a closing in late September, and could not issue the policy for months after the subject mortgage was recorded because subsequent title updates disclosed that the prior mortgagee failed to release its mortgage until December. Issuance of the policy was conditioned upon release of the prior mortgage after satisfaction.
Whether you were late with the recording and its impact on payment of your fee would depend upon whether there is a time period for recording mandated by law or contractual obligation to your client. If there is none, then you have not violated any legal or contractual requirement, and you should be alright if you recorded within reasonably short time following your receipt of the document. You indicated that you recorded it the next day, which seems to be reasonable.
It sounds like your client is looking for an excuse not to pay you, and that the reason for their failure to make payment lies somewhere other than with your performance. Demand your money. If they tell you that they have suffered some loss as a result of your conduct...demand an accounting for their loss.
By the way, if you did nothing wrong...NEVER apologize. At the very least it could be used as an excuse to withhold your payment, and more significantly it could be used against you as admission of liability in any subsequent law suit.
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