I'm in the middle of an ALTA with a title with Sch B exceptions that are a mess.?ÿ Some don't have anything to do with this property, but are for a lot 5 miles away that the same owner had years ago.
Also, many of the easement references are incorrect.?ÿ They never sent any of the docs either
I told the client, and the attorney is saying that I'm holding things up.?ÿ I figured that they'd issue a new title commitment with these items fixed.?ÿ
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Should I just correct it, or wait for an updated title?
I would hold out for an updated title report. Send the Attorney the ALTA standards with the part about the CLIENT to supply all docs highlighted.
I would list the exceptions with a note that they do not affect the subject property for those that don't and add a note that no document was supplied for other exceptions and you can't make a determination.
Let your client know that the title company/attorney are not doing their job and that is the holdup. Not you.?ÿ
Simply call the title company, tell them who you are, ask for a report with linked documents or have them send the referenced documents to you. I would not. Not, complete the survey or answer any questions, or make any presumptions until you have a chance to read and digest all of the referenced document. If once you have done this, you still feel that a particular document is not relevant to the subject property you can either call the title company which is what I would do, or simply put a note on your survey to that affect. Your clock does not start ticking until you have done all the research necessary for the survey that includes reviewing all the referenced documents.?ÿ
They never sent any of the docs either
Quite often these days the documents are linked in the pdf. Try double clicking on the blue.?ÿ
It is perfectly normal to call up the title officer and ask him/her to review certain elements. I very frequently get things removed from the report, and usually without a lot of hollering. In one recent case I had them add something they had missed. These days the modus operandi is to throw anything in there that has a hint of relationship to the property and let the surveyor do the weeding. Sad, but true.?ÿ
If they won't remove something you think they should then you note that, state your case, and move on.
Years ago we were working a project that was in a subdivision with a name like Joe's Subdivision.?ÿ Down the road a half mile was another subdivision with a name like Joseph's Subdivision.?ÿ We received a list that included items from our block number but in both subdivisions.?ÿ It wasn't really as simple as Joe vs Joseph, but you get the meaning of my story.?ÿ Dumbbass researcher involved should have been put out to pasture years earlier but he was the company owner so THAT wasn't about to happen.?ÿ He acted horribly insulted when I pointed out that just over half of the items listed were nowhere near the tract requiring the ALTA.
AND BILL FOR THAT TIME!!!
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Working with a good title company saves time and money!!!
@norman-oklahoma In all my years of doing this I've only had one title examiner, Frank Kelley at Chicago Title, long gone, thank me for what I do. I've saved more title company examiners than I can count. A few years ago, I was finding mistakes or omissions on four out of six reports that were submitted to me.
Also, I don't know how they can say that I'm holding them up now.?ÿ I sent an email with my concerns to the client and he forwarded them onto the attorney on Oct 6.?ÿ Sounds like they're holding things up by not having looked at that till now.
Schedule B exceptions on effecting the property are the norm now days (not the exceptions ???? ).?ÿ I'm guessing that it all boils down to the fact that some title plants are off shore and that there is not liability on their part by listing 'extra' exceptions.
Sorry to resurrect this, but the client just wants his plan done now, and I don't blame him.
The question now is, if the title company isn't going to address the bad reference mistakes, should I fix it, or just copy word for word on my plan, including the mistakes??ÿ I do have the references in the plan itself, so I feel like I'm covered for that.
@jph yes copy word for word each exception item with your own note following each item (such as, this item plots in a location that is five miles from the subject site).
3 of the 4 Title Companies heer obtain their data by subscription from the same firm in Malaysia - the 4th gets theirs from India. All of them include every document in the Section in which the property is located. It irritated me greatly until I recognized that it was not going to change no matter how loudly I protested. I just add a note "Does not affect this property" to the inappropriate ones.
