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When a Title Search isn't a Title Search

By
Real Estate Agent with Integrity Real Estate

Recently, there's been a couple of posts on AR dealing with title insurance.   The title abstract (land records search) serves as the underpinning of every title policy and title opionion.  I've taken the time to compile a quick reference guide that should prove helpful to realtors and consumers alike.  It has no value in the states of California and Texas where title plants are relied upon, but it's probably very accurate for most other states.  The art of title abstracting has denegraded to alarming lows.  In the past, a (60) year search was the standard.  Eventually, a (40) year search became the new normal and now a two owner search is the accepted practice for many title companies.

A (60) year search is still the best protection a homeowner can have just as it was when our parents purchased homes.  Does your title company do a (60) year search?   Does your title company require  abstractors to carry an Errors & Omissions policy?  If they don't, find out why and then approach other title companies with the same questions.

It's true that most home purchasers will decide to buy an owner's title policy.  But, who needs the hastle of title problems after closing.  I say, question your title agent to find out if their doing the work correctly in the first place and now you know the questions to ask.

 

Abstracting Terms

Definitions

Full Title

A comprehensive search of the land records that begins with a specified date, usually 60 or 40 years backwards in time, and ends with the current effective date.

Current Owner Search

A search encompassing the period of time that begins with the recording date of the most recent deed for consideration and ends with the current effective date.

Two Owner Search

A search encompassing the period of time that begins with the recording date of the second most recent deed for consideration and ends with the current effective date.

Run Down

A quick search to bring the original effective date forward to the current effective date.  Run downs are often requested on the day of closing for purchases and the disbursement date for refinance transactions.

Title Assumed in Starter

The abstractor orders a prior policy from a title insurer and brings the title forward from the date of the policy to the current effective date.  The prior policy is relied upon for exceptions.

Title Assumed in Prior Search

The abstractor has researched title to the subject property or subdivision as part of a prior search.  Title is brought forward from the prior effective date to the current effective date.

Anonymous
Diane Cipa, General Manager, The Closing Specialists®

Ed:  Excellent topic.  Prudent Realtors and consumers who ask about the underlying search product will find it's a reliable clue for title expertise and quality of service.

Good title professionals use 60 year searches for purchase transactions and at minimum 40 year searches for refis.  If we have a prior search in our files, we'll run a current owner or bringdown "run down" from the date of our prior policy.  I do not like to work off prior policies issued by other agents because the quality of the work is unknown.

Why should a consumer care if they are purchasing title insurance?  Most of the premium you are paying is for the examination and clearance of title before the policy is issued.  You want a thorough search because you sure don't want to deal with problems later.

Ed - I was gullible enough to think all title agents run thorough searches.  A few years ago I hired a fellow who had worked for an agency that failed due to malfeasance.  I normally wouldn't have hired someone from a bad firm because I find it hard to believe that in a small office employees wouldn't know what was going on.  This gentleman was new to the title business and when he realized what was happening he quit without having another position. 

His former boss was just an absolute thief.  She simply used the escrow account as if it were her own funds.  That another topic entirely, but when he came to work for me I found out that she never ordered full searches.  Every transaction had a current owner search only.  

I talked with my underwriter and was told that it's not so uncommon.  They expect and want the agent to run full searches by if you have a big producer, they often look the other way.

So here was a woman competing with me, doing a sloppy job for her real customers, stealing the escrow funds, and having lower search costs to boot.  Her house of cards finally fell.  Checks started bouncing everywhere.  People got hurt.  Many Realtors and mortgage brokers loved her because she closed with no questions asked and she was charming.  She tried to pin the blame on her partner and that didn't work.  She then tried to pin the blame on her bank and that didn't work. 

I know you would not be shocked that one of her title underwriters kept her in business until the end despite her poor record keeping and obvious lack of quality in product.  She forged bank statements.  She failed to payoff mortgages.  She deposited mortgage funding checks into her operating account.  She threatened employees. She was scary but charming and before the whole nasty business became public the only good clue available to an outsider was the underlying search product.

So, that's a round about way to say if quality is part of your selection criteria for a title insurer, ask about the underlying search.

Thanks, Ed, as always for raising a good topic. 

 

Jan 15, 2007 12:45 AM
#1
Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate
Diane, thanks for your thoughtful and provocative comments.  In Baltimore, abstracting is at a ridiculous low point.  The two owner search has become the standard and is generally provided immediately by a new breed of abstactors who havn't a clue.  In many ways, I'm glad to be out of your end of the business.  I still do an occassional abstract, primarily at the request of an underwriter working on a claim.  Last February, I tried to teach an abstracting course as part of continuing education for MD agents.  It was held in the Baltimore City courthouse and was the first professional continuing ed class ever approved outside of a classroom.  The experiment was a complete failure.  The abstractors were so rude and vile that I decided to cancel a follow up course two weeks later.  The message: know your abstractor.  Talk to you soon.
Jan 15, 2007 02:50 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Ed, thank you for this information.  Connecticut is an Attorney state and the Attorney takes care of everything in regards to the Title Search and Tile Policy so I don't really focus too much on it that is why this information is helpful to me, so that I can have a better understanding of it.  I know the difference between the basic policy and the owner’s policy but that is about it.  So thanks again.

Jan 15, 2007 03:40 AM
Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate
You're welcome, George, and thanks for writing.  Some states, like Conneticut, have standards that seem to make sense.  Most others do not.  I've been to parts of Virginia where the title agent typically performs the title search.  Believe it or not, I like that particular concept as backwards as it seems.  I have a feeling that the attorneys in your state keep a pretty tight watch on the abstract.
Jan 15, 2007 04:14 AM
Dave Wirsching
Community First Abstract - Blue Bell, PA

I couldn't agree more. 

The quality of the land records seems to dramatically deteriorating.  Bad searches, bad agents and fraud are all contributors.  But bad agents aren't just fraudsters. The Underwriter-controlled Agencies and Controlled Businesses are squeezing the life out of the system. The motivation for profit at all costs is leading to closing deals before the title is clear (Realtor CBAs are famous for this).  Harder to see, but more damaging to the land records, these mega-agencies are squeezing their major costs (searches and labor) in order to maximize profits.   Squeeze the search costs and you get inexperienced searchers doing poor searches and title examination done by novices.  Squeeze the agency labor costs and you get an inexperienced title clerk who has no hope of catching any title issues - they can barely use the notary stamp.

I lay most of the blame on the Title Underwriters.  They know where the problems are (agents, abstractors, etc.) but won't do anything to fix it. What's really frustrating is that the Underwriters are now avoiding claims by sticking it to the E&O insurance providers.  So the Agents and E&O providers take a beating.  My rates are up over 20% last year and probably the same again this year.  What happens when good agents can't get or afford E&O insurance? 

To add insult to injury the underwriters won't admit that claims are skyrocketing (it would kill their stock), so every time a state regulator looks at the old figures on claims payout (5%), the title insurance rates get reduced again.  Irony is, it's getting harder to do a GOOD job clearing title, not easier or less expensive.

Jan 15, 2007 07:57 AM
Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate

Dave, I agree with your comments completely.  I too place much of the blame on underwriters.  Please take a minute to visit Title-opoly.  It's a blog that I launched last month to provide a forum for title agents to voice their concerns.   Let me know what you think.  The site is a month old today and has received serious traffic so far.

Jan 15, 2007 08:13 AM
Chris Olsen
Olsen Ziegler Realty - Cleveland, OH
Broker Owner Cleveland Ohio Real Estate
Great information on knowing if abstractors carry E&O.  I haven't heard personally of any problems stemming back greater than 40 years, but I guess anything is possible.  Excellent article - although there were a few typos and grammatical errors.
Jan 17, 2007 02:25 PM
Steve Dalton
219-465-8352 - Valparaiso, IN
Northwest Indiana Home Builder
Well written article thanks.  Welcome to over 10,000 points too, I figure those that get over 10,000 are actually making a committment to the site and the idea of AR.
Jan 18, 2007 08:09 AM