Legal Question in Real Estate Law in California

Escrow Refund due

The escrow co. I used to refinance was seized due to embezzlement and the Ca Corporations Commissioner appointed a attornery conservator to distribute funds. I sent in all necessary paperwork,and checks were cut and mailed August 18, 2003. I did not receive my check and they will not take any calls or emails on the matter from me. I have resubmitted paperwork to them and still have not been helped. Do I have any rights in this matter?


Asked on 9/18/03, 2:38 pm

3 Answers from Attorneys

Scott Schomer Schomer Law Group

Re: Escrow Refund due

Yes, you have rights. You are faced with a very unique situation and need legal assistance as soon as possible. The escrow company, as well as the conservator/receiver, are both under fiduciary duties with respect to your property. Both parties should also be insured. If you are owed money, you need to make a claim for it. If we can be of assistance, please don't hesitate to call.

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Answered on 9/18/03, 2:54 pm
Larry Rothman Larry Rothman & Associates

Re: Escrow Refund due

You may have a lawsuit and should be able to file an administrative claim. Please contact our office for review of your documentation and for consultation.

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Answered on 9/18/03, 3:03 pm
Michael Olden Law Offices of Michael A. Olden

Re: Escrow Refund due

You bet you have rights of my first question is why haven't you consulted with a real estate attorney. That is the first thing I would advise you to do. I do not understand why no one will "take your calls or your e-mails ". Therefore, the people were dealing with your money have a fiduciary responsibility to you, the highest duty since it is your money they are dealing with. If you've suffered damages as a result of not receiving the monies that you should have received than you might additionally have a claim for those damages. Because of the nature the situation know this is unique as I am not encountered a title company that has been seized under the circumstances and over 30 years of practice. My advice is as I stayed in my first sentence, get to an attorney immediately. I am in the San Francisco Bay Area and if you wish to consult with me my phone number is 925 -- 945 -- 6000.

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Answered on 9/18/03, 3:14 pm


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