08.02.06
Question on Judgment Searches
Jeanne, Just a question/comment on judgment searches. My office searched a name on two separate ocassions and by two different abstractors . Our worksheet indicates that the named was searched in July of 2005 and again approx 2 weeks later. Each time this name was searched at the County Court Administrator’s public terminal, the name showed “no judgments”. A commitment was prepared by an attorney last month in preparation of a sale and a judgment came up which should have appeared on the prior two searches previously done by this office. I am perplexed because we understand the implications in missing a judgment and are very careful. In addition, I can almost see missing a name once, buy not twice and by two different competent researchers. I have not talked with the County Court Administrator yet because she is on vacation, but just thought maybe I’d contact you as to how to handle this situation. I am willing to pay the judgment, however, it is considerable - $5,000.00. Could Court Administration have noticed that this judgment was not entered into their system and placed in in after we had checked the name in July of 2005? Anyway, I want to protect myself in the future. I’m thinking that I would like to obtain a print out from Court Administration showing that the name was actually searched, spelled correctly, and all possible deviations of the name was searched. I, of course, have the office “work product” showing how the name was searched, but I don’t think that is sufficient evidence to prove we searched accurately. Is it unrealistic for me to ask that Court Administration give us the ability to prove our searches thru their system? Thanks for your thoughts.
Sue Nielsen Kanabec County Abstract Co., Inc.
Jeanne said,
August 4, 2006 at 1:34 pm
Hi Sue, It does seem unlikely that the judgment would be missed twice. Yes, it is possible that the judgment could have been entered late, or incorrectly, and then re-entered correctly. (The one and only judgment I ever had, was against a roofing contractor for my house, and it was entered in favor of him, and against me in error - it does happen.)
Some people are obtaining written judgment from the court and they put the court searches in their abstracts, rather than do their own. As far as paying the judgment, you might offer to give an indemnity against it, saying you will handle(pay) the judgment if it goes into foreclosure (unlikely), or you could offer to write a title policy with a guarantee over the problem, if okay with your underwriter. Also, you didn’t give the name - are you sure it’s one in the same person? Maybe an affidavit would handle it.
Good luck and let me know how it turns out!
Best,
Jeanne Johnson