Legal Question in Real Estate Law in Georgia

release of escrow funds after sale of home

My parents recently sold their home and were told that $5K would be held in escrow until the titles to the home were released (it is 2 modular homes put together to make one big home) to the bank of the buyers; Bank of America (the lien holder) has already released the security deed over 2 months ago (it was recorder at the Superior Court Clerks office in Heard county) the real estate attorney will not answer our questions about what we need to do to help speed this process up. I think that since the loan is paid and we have proof of payment that is all that needs to be done!

My parents live on a fixed income and my father is not in the best of health and would like this situation resolved because it is wearing on his mind and his health at the moment. Why are they holding the money and what (legally) can we do, if anything, to get them to release the funds? The closing on this property took place on August 1, 2008...it is now October 23, 2008...it's been long enough in my opinion.


Asked on 10/23/08, 5:06 pm

1 Answer from Attorneys
Robert Thompson J. Robert Thompson Attorney

Re: release of escrow funds after sale of home

It has been long enough. You should make a formal demand, in writing, by certified mail. If this does not produce either a check, or a full explanation of what remains to be done, you might threaten a bar complaint--they take a dim view of funny business involving trust account funds.

It would be a good idea to consult a local attorney on how to phrase the demand letter.

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Answered on 10/24/08, 12:07 pm


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