I never worked for a title company (as an employee), nor have I ever worked in a government recording office. But as an outsider looking in, here is what I infer the situation is:
The title companies are anxious to get the documents recorded, because until it's recorded, a less-than-ethical or very forgetful property owner could sell or obtain a mortgage on the property while the documents are unrecorded, and if the later transaction gets recorded first, it wins.
Because of the great power the recording office has in this situation, the title companies cower in fear of the recording offices; they always suck up to them and if they have an issue, they always bring it up in the mildest of terms. If the recording offices make a mistake, they're the government and they have sovereign immunity.
If the sovereign immunity of the recording offices was taken away, and they were responsible for any bad event that happens between the time a submission is incorrectly recorded and the time the error is rectified, I'll bet most of these frivolous rejections would stop, and the secret preferences within each office that they never warn anyone about would go away. |
