Legal Question in Real Estate Law in Iowa

From contract to mortgage

About 3 years ago, we purchased a house on contract. We recently applied for and received an official mortgage. The attorney for the seller faxed the pay-off amount to the mortgage broker on letterhead with the attorney's signature. The seller also signed a warranty deed which signed the house over to us. When the seller received the pay-off check, the lawyer realized that he had ''made a simple clerical error'' and said that we owed the seller an additional $2000+. According to the mortgage company, the amount that the attorney faxed them is the correct pay-off and we shouldn't be required to pay the additional money. The attorney is threatening us with a law suit. Are his threats valid? If he files suit, where can I find documentation to back up our case?


Asked on 8/06/04, 9:18 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: From contract to mortgage

Should be a pretty simple matter to put a spreadsheet together, provided you can document all of your payments. Ask the attorney for an itemization of all payments, and verify his or her accounting with your records. A real estate attorney should be able to assist with this if you have difficulty.

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Answered on 8/09/04, 8:35 am


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