DOES AN EXAMINATION OF THE ABSTRACT REVEAL ALL DEFECTS IN THE TITLE?

May
2013
15

posted by admin

It may not….simply because the public records, from which an abstract is made, may not show everything which affects the title. For example: Statements in the record may be incorrect or may fail to give important facts. There may be fraudulent or improperly executed documents on the record. And, there may even be ordinary clerical mistakes which could seriously endanger the title.
In fact, a title would appear to be clear, after the examination of the abstract, only:
•If the search made in preparing the abstract has been thorough;
•If the facts revealed in the abstract have been correctly interpreted;
•If no clerical errors have been made in public records;
•If claims or rights of others have been disposed of.
Even after all these possible hazards are eliminated, there still remain some of the most serious sources of risk….hazards which by their very nature simply cannot be uncovered.