But how do you ensure that the report includes all open liens and encumbrances on a current owner search? I think that we all understand that if the client asks for a current owner search, that is all we are going to do and the client is taking the risk for anything prior. However, if a client asks for a "limited lien search" and it turns out later that the previous owner had an undisclosed lien, who is liable?
I'm sure the client will say, "we ordered a LIEN search and you failed to show open liens." The terminology varies quite a bit in this regard throughout our industry. It really is a problem for just this reason.
The Bar Association's Title Standards are almost completely disregarded anymore. In the past that is how you knew you were safe with a search. WIth all of the new, strange hybrid search types that are requested, who can tell anymore?
Best,
Robert A. Franco
SOURCE OF TITLE
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