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What happens if the attorney makes a title mistake?In: Title Insurance |
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Answer
If the attorney is covered by the Closing Protection Letter and/or either owned the title agency or is employed by the title agency, his/her acts may be covered by the Owner's Policy.
If the attorney was hired to give you a LEGAL opinion of title but was not the title examiner/reader for the issuing title agency, then it becomes a legal matter which would fall under malpractice.
A claim with the title underwriter for negligence of title examination or opinion on title cannot be filed if the attorney was a third party, not acting in behalf of the title agency/underwriter.
The qualifier to the question is as to whether the attorney was also acting on behalf of the agency/underwriter.
In many states, the attorney cannot be representing your interests as well at the agency's.
First answer by Henry Wake Huffman. Last edit by Victoria. Question popularity: 161 [recommend question]
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