Legal Question in Real Estate Law in Ohio

Escrow with holding payment

My fiance works as a note broker/ note flipper. In July of 06 a deal he had worked on went into escrow. In october it was still in escrow and he found that the escrow agent had pushed it aside and wasn't even working on the case. He switched agents and by the end of November the deal was complete. Payment was made to the woman selling the note, the note was given to the man buying, but my fiances check is still at that escrow. They claimed to have mailed it once and it was returned to them. They said they would send it fed-ex but when it never came they claimed something was wrong and they had to look over paperwork. He's threatened a lawsuit and they continue to plead, give us one more day, just one more day, over and over again. He still has not received his check. The buyer paid in the money to pay the note holder and my fiance. The buyer has his note, the seller has her money, but my fiance is still being screwed over by this escrow company who is with holding his money. How do we go about getting his money? This is almost a six figure paycheck he's losing out on. Is there a certain lawyer he should see about this?


Asked on 1/03/07, 12:28 pm

1 Answer from Attorneys

Robert Rosplock Rosplock & Perez

Re: Escrow with holding payment

Any lawyer in your area who does collection work can handle. You may need to sue for breach of fiduciary duty.

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Answered on 1/03/07, 12:47 pm


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