Title Issues Involving the Misindexing of Real Estate Liens

Title companies, attorneys, and other members of the public query recorder’s office records to identify recorded lien instruments related to specific real property. The interested party querying title of the real property is typically involved in a real estate transaction linked to the subject property. These parties rely on the recorder’s office records to be accurate and free from error to identify any liens on title of the real property. The misindexing of real estate liens can cause a nightmare scenario for the interested parties in real estate transactions. The process of inaccurately indexing a lien instrument in public records is also known as “misindexing.” This paper examines the impact of misindexed liens on title of real property. The subject of misindexed liens is widely controversial in the real estate community as questions arise regarding who is liable for any damages occurring from the misindexing of liens.