This is a committee report from the Rhode Island Supreme Court Unlicensed Practice of Law Committee to the Supreme Court. It involves a closing, title services, title insurance, and settlement services provided by South Coast Title, Attorney Anthony Senerchia (SouthCoast Title’s attorney-shareholder) and Attorney John T. Sheehan III (an attorney employed by SouthCoast Title).
Interesting read so far. Involves a lot of remarks as to what services were/are on SouthCoast Titls's webiste and what was done at the closing, and what fees were listed on the final settlement statement. Ultimately, it resulted in a solid handslap for SouthCoast rather than civil or criminal charges, and a recommendation that the services outlined in the report (title exam and conducting a closing) constitute practice of law and can only be performed by a licensed attorney or law firm. Sorry, but the actual verbiage was too long to cut and paste here.
But consider these tidbits:
"At the closing on December 2, 2016—which Attorney Senerchia was prepared to conduct himself—it became known that Carmino Cellucci was, in fact, deceased. Tr. Vol. I, 69. The closing was stopped and Attorney Senerchia advised Ronald, the seller, that he should obtain counsel in order to open a probate matter to address Carmino’s interest in the property. Tr. Vol. I, 70."
The facts of the particular transaction at 60 Pine Hill Road in Johnston are cataloged above. It is enough to state here that during that transaction, Attorney Senerchia acted as title insurance agent, and he also performed the title search, the title examination, and the closing. SouthCoast Title acted as settlement agent. For Attorney Senerchia’s title search and examination, SouthCoast Title was paid $275.00, and for SouthCoast Title’s settlement services, SouthCoast Title was paid $550.00. As analyzed above, the Committee finds that the performance of title examinations and closings constitute the practice of law"
https://www.courts.ri.gov/PDF/UPLC-SouthCoastTitle-CommitteeReport.PDF |
