This reads as a purchase/sale; i.e., documents and "settlement checks" would be exchanged and an owners title insurance policy would be issued.
1. The "title examination and legal opinion" of a title report (non-attorney abstractor's work product) generally falls under "attorney" because of the need for a "legal opinion" regarding the status of title. Obviously, someone missed a decedent's ownership interest - sloppy abstract or review of the abstract.
2. "Settlement" or "closing" at least in the New England real estate world means there is an escrow account for funds with an attorney or title insurance company. The "escrow" part of holding money, issuing checks in exchange for documents (reviewed by an attorney as part of legal opinion of title and transaction), is still a title insurance company or attorney practice.
No surprises, including no more than a slap on the wrist for sloppy work. Refinance where a notary signing agent just "point and sign," no legal advice, not handing the financial part, print-sign-ship doesn't fall into a "real estate closing." |
