• Welcome to AppraisersForum.com, the premier online  community for the discussion of real estate appraisal. Register a free account to be able to post and unlock additional forums and features.

Is a Title Commitment considered public record?

Status
Not open for further replies.
I would try to rectify the issue with the county. I’m not sure if that’s allowed in a non disclosure state though. Can you call the title company to confirm details?
Would the Title rep know anything other than what is published in the Title Report?
 
Would the Title rep know anything other than what is published in the Title Report?
Title companies send trained personnel to the courthouse to personally verify what is recorded. They tend to be thorough because they are the ones that are offering & issuing "title insurance" which would turn out to be worthless if they couldn't guarantee the accuracy of the chain of title.
 
Deed records are considered a matter of public record even in nondisclosure states. What the property transferred for is considered confidential information. Although the Recorder of Deeds has no duty to disseminate them publicly, they are to provide them upon request. As it is nonconfidential information I would use the owner reflected on the title commitment as it is sure to be the most current. It appears that the Appraisal District doesn't do a very good job of keeping up with courthouse records in that county.
Would the Title rep know anything other than what is published in the Title Report?
I was referring to the two different names to confirm what the lender was supplying. You know, verification?
 
I was referring to the two different names to confirm what the lender was supplying. You know, verification?
Easily done if you typically go to the courthouse during the normal course of business. I would consider the title report to be the "definitive source" in the OP's scenario and so would most of my peers. It would be similar to marching down to the courthouse to "verify" that the street you marked as "public" was properly dedicated as such. Love your avatar by the way!
 
Last edited:
Easily done if you typically go to the courthouse during the normal course of business. I would consider the title report to be the "definitive source" in the OP's scenario and so would most of my peers. It would be similar to marching down to the courthouse to "verify" that the street you marked as "public" was properly dedicated as such. Love your avatar by the way!
Different markets we live in! How every will the PAREA graduates be successful if geographical knowledge no longer counts! Thanks, she’s been a blast…looking for my next softail again. She’s a hard one to beat.
 
Would the Title rep know anything other than what is published in the Title Report?
When someone sends title docs to me to justify a change, I request the documents those are based on. With one exception, they have always been wrong. That once, an unrecorded quit claim adding another owner was filed and provided following my request.
 
When someone sends title docs to me to justify a change, I request the documents those are based on. With one exception, they have always been wrong. That once, an unrecorded quit claim adding another owner was filed and provided following my request.
It sounds like you are having to deal with an incredibly sloppy bunch of title companies in Montana then. From your description It would seem as if they are issuing title insurance on tons of defective titles.
 
It sounds like you are having to deal with an incredibly sloppy bunch of title companies in Montana then. From your description It would seem as if they are issuing title insurance on tons of defective titles.
I think they play the numbers, just like any insurance company. They get paid every time something happens with any piece of real estate, so a few payouts don't cause them much harm. I simply won't rely on them when my license is at stake, as I'm sure they won't defend me.
 
I've never heard the term 'title commitment' before. In CA it is just 'title report' or 'pre-lim' report.
 
Every time I have made in issue out of the "owner of record" not matching the "seller on the contract" it has been because the courthouse records have not been updated on the various County websites. The title report has always reflected the correct information on those occasions when I have called the County Clerk prior to the lender sending it to me. You work on commercial appraisals though and I could envision those having considerably more title issues involved with them than the simple residential titles I deal with.
 
Last edited:
Status
Not open for further replies.
Find a Real Estate Appraiser - Enter Zip Code

Copyright © 2000-, AppraisersForum.com, All Rights Reserved
AppraisersForum.com is proudly hosted by the folks at
AppraiserSites.com
Back
Top