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Shaking my head on this one

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Larry P
(@larry-p)
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Finishing up an ALTA survey. Keep having issues with the attorney. Their initial title report (provided 3 weeks after we finished the field work) ignored two major utility easements.

Also, the title report provided no legal description of the property we were surveying. It seems the current owner got the property from her fathers estate. (One of those "you get what I've got" deals.)

Her father got the property from his mother's estate. (Another, "you get what I've got" deals.)

After much pushing, the attorney finally went back and found where the current owners grandparents purchased a portion of the property. The first deed I was provided was way wrong and they weren't very pleased when I pointed out that this deed did not cover the subject tract.

Now, they have finally addressed the utility easements and a portion of how the family acquired the tract. I pointed out this morning that we still do not have a deed for ~15 acres of the tract. The attorney sends back a very terse email asking why I care because he is the one certifying the title.

Y'all ever deal with an attorney who didn't care about this sort of detail?

Have already advised my client (a large international firm) that we need to carefully review the title policy to be certain that they are covered for this "minor detail". I already know the answer. NO. It will be an exclusion on the policy and we will have to go back to the Title Company and insist that they take the exclusion off the policy. I see this coming from a mile away. The only good thing about the situation is the client is seeing things the same way I do and seems to appreciate me looking out for their best interests even when their attorney isn't.

Larry P


 
Posted : September 23, 2013 8:47 am