It seems to me that the underwriters, with their deep pockets, are often the first to suffer the class actions which, in turn, cause the rest of the industry to examine its practices. 

In the Chicago area, the competition is so fierce that you will not often see excessive fees added by the local title companies.  The competition has been forcing prices down for years.  However, as an example, in the past, recording fees and courier fees were estimated as common practice.  Some might be slightly over cost and some slightly under.  Since widespread litigation began, it seems most local companies are taking care to get them exact.

One bit of troubling news I've heard recently from a subsidiary of a large underwriter is this:

Because of the litigation over recording fees, some major title companies are considering discontinuing the practice of recording release/satisfactions of mortgages that they are paying off.

The reason for this is that, if they collect money at close to record the release and the release is not sent to them for recording but, rather, directly to the clerk/recorder or the borrower, they have then collected funds for a service not rendered and may be exposed to future litigation.

So, they are now considering refusing to collect for the recording of the release and, if sent to them, will return it to the lender or the borrower with instructions to record it themselves.

I hope it doesn't come to this.  It will multiply the number of unrecorded releases and make title searching a nightmare.

Has anyone else heard such rumblings?  Could it be?