Tuesday, December 07, 2010

here's a few hmmms.... for ya ;)

hmmmm........ A lender requires a private road maintenance agreement.  Instead of hiring a competent attorney to draft a document, the buyer drafts his own and in the process creates a separate individual document for each person on the street to sign.  The whole project ended up costing close to $350 in recording fees when an attorney would likely have charged $150 for creating a document that might have costs $55 to record.  So, he paid WAY too much money and has a crappy, probably unusable agreement on record which will likely get lost in an indexing black hole.

hmmmmm......At two recent title insurance CE classes at least one attorney instructor recommended to attendees that they overlook the regulation in TIRBOP which compels a title insurer to accept as evidence an unsatisfied mortgage to establish a basis for discounted premiums.  What is it that these two attorneys do not understand about the word SHALL and do they really want to play footsie with class action suits and our new governor who has all eyes on title insurance?  I for one follow the rules and give the discounts.  When in doubt err on the side of the consumer.

hmmmmm.......Stand your ground sellers - most of the attorneys in the CE class yesterday said they pass on to sellers any cost which cannot be charged to the buyer.  Who compels a seller to pay the buyer's attorney anything?  No one.

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