Hi, Donna!

I've always thought of it this way: I'm not an attorney -- I don't give opinions as to the insurability or marketability of title for a given property.  My job is to go to the courthouse, gather the relevant information for the property in question, and report what I find.

If I report multiple mortgages, liens and/or judgments against a property or its owner, I cannot and will not be held responsible for my client's failure to properly clear these items prior to issuing a policy.  In my view, I have done my job.

In the fact situation you describe, Donna, I would include with the search a disclaimer stating that a search of all relevant indices was conducted, and that you are not responsible for anything which is not on public record.

Bottom line is, I don't see how you'd be on the hook for anything; you can't report what's not there.  I, for one, would at least cover myself with a disclaimer before submitting a search on that property.

But, that's just me.

Regards,
Scott Perry