So what happens now?

LS 4722 · Post by **LS 4722** » Sat Jul 26, 2014 3:26 pm

Seems as if a TC missed an easement. Nothing at all in Schedule B. I called the TC/TO and with city plans and references going to the TO, his last reply to me was "Paul, if you think we missed something, you should contact the claims department because that file is now closed" and he listed in the email what dept etc to contact, I forwarded that last email to his to the client. It took about 5 emails explaining the situation to him before the light went on.

Anyway, what would you do?

attached

LS_8750 · Post by **LS_8750** » Sat Jul 26, 2014 5:36 pm

Which title company? It matters.

I would sit with my client and his/her attorney and discuss.

LS_8750 · Post by **LS_8750** » Sat Jul 26, 2014 6:32 pm

There are no trends of successful "neck brace" claims in the title insurance industry that I am aware of. If your claim is insignificant, no harm done, the title company will obviously take that position and usually give you push back.

If it is a significant, or substantial, claim, the depending on the title company expect varying degrees of pushback. Expect lawyers, expect writing detailed reports to justify the claim, expect your attorney to threaten "bad faith" claims should the title company fail to act immediately.

Then after all that everything stool seems to take over a year to get resolved.

LS_8750 · Post by **LS_8750** » Sat Jul 26, 2014 6:33 pm

There are no trends of successful "neck brace" claims in the title insurance industry that I am aware of. If your claim is insignificant, no harm done, the title company will obviously take that position and usually give you push back.

If it is a significant, or substantial, claim, then depending on the title company expect varying degrees of pushback. Expect lawyers, expect writing detailed reports to justify the claim, expect your attorney to threaten "bad faith" claims should the title company fail to act immediately.

Then after all that everything still seems to take over a year to get resolved.

LS 4722 · Post by **LS 4722** » Sun Jul 27, 2014 4:10 am

LS_8750 wrote:Which title company? It matters.

I would sit with my client and his/her attorney and discuss.

I am really out of the picture now. I cannot name names about the TC. TC's have so many exceptions and exclusions to the title policies that I would venture a guess that even this situation is probably covered insomuch that the TC will just skate away merrily humming a tune and waiting for the next client they can take advantage of.

land butcher · Post by **land butcher** » Sun Jul 27, 2014 11:06 am

Recently had a TO, of one of the biggest TCs, tell us that he could not supply us with a copy of an easement listed in his TP. A trip to the County recorders office and there it was.

Jim Frame · Post by **Jim Frame** » Sun Jul 27, 2014 8:08 pm

Title companies may not be worthless yet, but it's getting harder and harder to distinguish them from worthless.

land butcher · Post by **land butcher** » Mon Jul 28, 2014 2:18 pm

Jim Frame wrote:Title companies may not be worthless yet, but it's getting harder and harder to distinguish them from worthless.

Agreed. And that just makes our job harder and more expensive - try telling that to a client.

Dave Karoly, PLS · Post by **Dave Karoly, PLS** » Tue Aug 05, 2014 3:16 pm

Maybe we should defund Title Companies?

California Surveyors Forums

So what happens now?

So what happens now?

Clark