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Foreclosure Forum |
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The recorder's record has more bites to the apple...In Reply to: What happens when the legal discription is correct and the name is wrong... posted by Dave on March 26, 2002 at 8:50 AM : the title company will find the lien and the recorder won't. : This would lead one to believe that they both have about the same error rate. =•=•=•=•=•=•=•=•=•=•= Dave, you’re assuming that the error rate for both the recorder and the title companies is the same rate and it’s not. The disparity occurs because we humans are more dyslexic with abstract concepts, such as numbers, where we aren’t so completely wrong with alphabetical issues, and the recorder’s index has more than one name per document to get things right, whereas the title company has only one legal description to depend on. So an error in one name won’t defeat finding a document with another involved name in the recorder’s record. Title companies are dependent on people getting the numerically based, legal title description, exactly right, whereas such exactitude isn’t required with the spelling of ALL names that are cross indexed in the recorder’s record for each recorded document. It appears that most misspelled names are still within short phonetic range of their real spelling and thus often found at the recorder’s office. However, the extra element going for the recorder’s record that’s missing in the the legal description approach of the title companies is that the recorder’s name index is a cross index of all the grantee and grantor names spelled out in a recorded document, not just one. It’s very remote that someone would get all the names cross indexed in the recorder’s record, pertaining to a transaction, so misspelled that none of them could lead you to the right document. For example in a simple sale between two individuals you have two names you can look up in the recorder’s index rather than just the one legal description that the title companies have to rely upon. And of course, the more people involved in a transaction the more names you have on hand to find the right document.
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