Avoiding Hidden Risks: The Dangers Attorneys Face When Performing Title and Lien Searches

LMICK has recently seen an uptick in the number of claims reported by insureds related to title and lien searches they have conducted. Performing title and lien searches is a critical part of many legal practices—particularly in real estate, probate, and transactional law. Yet, it’s also an area where even a small oversight can lead to significant professional liability. Missing a recorded lien, judgment, or encumbrance can expose an attorney to malpractice claims, client financial losses, and reputational harm. The process demands meticulous attention to detail and a firm understanding of the public record systems involved.

One of the greatest dangers attorneys face is the incomplete or inaccurate search of the title record. Errors can occur if the search is limited to the wrong name variation, fails to include prior owners, or overlooks filings in different jurisdictions. Additionally, reliance on outdated databases or third-party title reports without independent verification can lead to missed liens or encumbrances that still affect the property. Attorneys must also be alert to unrecorded interests—such as equitable claims, tax liens in process, or pending litigation—that may not yet appear in the public record.

To exercise due diligence and reduce risk exposure, attorneys can follow these key practices:

1. Verify all name variations – Search under all known variations of the property owner’s name, including maiden names, business entities, and previous owners.
2. Check multiple jurisdictions – If the property straddles municipal or county boundaries, or if liens may be recorded elsewhere (such as state tax offices), ensure all relevant registries are reviewed.
3. Confirm recording dates and updates – Review the most current data available, and always re-check immediately before closing or final opinion issuance.
4. Review supporting documentation – Do not rely solely on title summaries. Examine the original instruments to verify accuracy and completeness.
5. Document your search process – Maintain detailed records of the databases used, search parameters, and results reviewed in case your diligence is later questioned.
6. Consult with title professionals – When in doubt, collaborate with licensed title agents or use reputable title companies to supplement your work.
7. Stay current on local recording practices – County and state recording offices may have different indexing systems or delays that affect search accuracy.

By approaching title and lien searches with the same rigor as any other legal analysis, attorneys can help safeguard their clients’ interests—and their own professional liability. The key lies in thoroughness, documentation, and the recognition that even “routine” searches demand careful, methodical attention.