Connecticut Attorneys Title Insurance Company

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Forgery
This system had some weaknesses, though. Even the most competent title searcher can abstract only what is, in fact, on the public records. The searcher generally will not be able to uncover evidence of forgery, errors in tax records, inaccurately recorded documents or the existence of parties claiming title from other sources. In recognition of this, the attorney would qualify the title opinion by stating that the examination was limited to the abstract and did not encompass or reflect any information not available through a search of the land records. Should a title defect eventually become apparent, the lawyer would be responsible to the client only for any negligence in the searching process and not for information undiscoverable by the searcher. In other words, should a loss occur which could not be attributable to the attorney's or searcher's negligence, the individual suffering the loss would not be able to seek reimbursement from the attorney or searcher. Even if the loss were attributable to the attorney's negligence, a time element often came into play, since statutorily, there is a prescribed period of time within which one can bring an action against an attorney in connection with title opinions. Should there be a loss, would it become evident in time for suit to be brought within this prescribed period? If not, the party suffering the loss would forever be unable to sue the attorney for the alleged negligence.

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