Legal Question in Real Estate Law in Florida

Nasty title attorney

During a conveyance of real-estate owned by my parents' simple trust, the title attorney representing the mortgage bank required me to record an affidavit which created ambiguities in the trust. I objected in each case, but he overcame these by what I now know to be false statements of law. It now appears that there was a conflict of interest and that he had strong motives to impair the trust in just these ways, not that I can prove that in this one-horse, one-attorney town with a serious drug problem in a distant state, but which unfortunately has the Registry of record for this trust.

Now having received the proceeds of the sale, I would like to simply record a second Affidavit there containing only exactly true statements with great clarity to fix these ambiguities. There is no doubt that this could only impove the title. But the attorney would certainly claim that the title was damaged. As a result of his standing, would the parties to the sale have any recourse against me or the buyer? I am most worried that the bank might call the mortgage, and the innocent buyers deserve better. Since I no longer have any interests in that state, would direct recourse against me be collectable?


Asked on 3/11/07, 9:08 pm

1 Answer from Attorneys

Joel Bello Joel Bello, P.A.

Re: Nasty title attorney

Your issue sounds rather complex intricate, I don't feeling comfortable rending opinions or advice without detailed explanation. Certainly, if there are issues concerning the title, then there may be ensuing litigation to clean-up or clear the title. You should consult with an attorney in your county, or in a nearby county.

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Answered on 3/19/07, 9:56 am


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