Posted by Art_MD on 5/11/05 10:13am
Msg #37085
UPL
How come if we choose a form, it's UPL, but, the TCs determine which forms to include in a package . Why isn't that UPL?
If 2 names are on title, but only one signature line and typed name, can we determine if adding a line and the 2nd person's name is right? Is that UPL? If we call the SS or TC and they say add a line and name, is that UPL?
Awful fine line at times.
Art
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Reply by Bobbi in CT on 5/11/05 10:30am
Msg #37087
Title Companies & UPL
The Title Companies have "staff" attorneys and "of counsel" attorneys. Some are even attorney owned. If the TC tells you to do something then it's not UPL because it falls under the attorney-supervised employee scenario. (More technical than that, but this will give you an idea regarding your question.)
In a black-and-white CT world, an attorney would tell you if there is only one signature line on page 14 of the mortgage deed but two owners names typed on page 1 of the mortgage deed, a non-attorney making a decision to add the second person's name from page 1 and asking that person to sign would be UPL. TC could instruct you to "correct" the error for them, which would not be UPL against you, the non-attorney, because you were instructed to do so by the TC.
Not an attorney. Different interpretations for different states, situtations, and people. Just an CT example/scenario. Would it hold up in Court re UPL if a non-attorney had the person whose name is typed on the first page sign on the last page, even though his/her name wasn't typed under the signature line? No answer to that.
Art, It's not a "fine line" we tread. It's a grey fog-covered football field satuated with land mines. 
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