Saturday, August 23, 2008
We had another "deed and green" transaction, this one in Poweshiek County in Iowa. The attorney charged $85 to prepare a deed. There was a strange little title defect, and when we called the attorney, he told us, "Why are you asking me? The real estate agent represents them." Clearing title defects in Illinois and Iowa is considered the practice of law, and therefore real estate agents are not allowed to clear title defects. We believe we are assisting in the unauthorized practice of law when we "work with" real estate agents in clearing title defects. We also believe that attorneys should "do their job." I sent the attorney a letter outlining my concerns, advising that I was not about to assist in the unauthorized practice of law, and including a copy of the Iowa Court Rules which set forth what real estate agents can and cannot do in real estate transactions. By golly, he called me right back, and started working on clearing that title defect.