In Running a Title Search, National Escrow Discovers That the Seller's

Multiple Choice

In running a title search, National Escrow discovers that the seller's property does not have a lien release on a mortgage that was paid off ten years ago. The seller furnishes a letter from the lender that states the loan was paid in full. The escrow instructions require National to have all lien releases filed or on record before closing. Because the actual release will take 21 days to process, National closed escrow with only the letter.

A) National has breached its fiduciary duty through its failure to follow the escrow instructions.
B) National is permitted to use discretion in situations such as this.
C) A letter of discharge and lien release are the same thing.
D) National has not breached its fiduciary duty because the issue was immaterial.