Legal Question in Real Estate Law in Massachusetts

Re: Can't clear Title

Contact your title insurance company immediately. If you did not purchase title insurance, contact our office and we would be wiling to represent you.

Re: Can't clear Title

Contact your title insurance company. If you did not buy title insurance, then you could bring an action to quiet title or sue the attorney.

If you want to sue the attorney, contact Mr. Weiker. I do not handle legal malpractice plaintiff's work.

Re: Can't clear Title

You really need to have your attorney follow up. You should have had your own attorney for the original purchase, and at the very least, the original closing attorney should have certified title, even if there was no title insurance.

Unfortunately, in Massachusetts, the lender's attorney sometimes "seems" to represent the buyer, even though there is typically a disclaimer of any representation beyond the interest of the lender.

Note that just because the attorney notarized a document, it doesn't mean that he is liable for anything beyond certifying that the person acknowledged the instrument as their free act and deed. It is not a representation that he is guaranteeing the owner's representations in that document. (If he took the acknowledgement of someone who wasn't there, that is another matter entirely.) Typically, there would be a Municipal Lien Certificate issued by the town that the lender would require which would show outstanding liens.

Also, the fact pattern is a little confusing. Is it that the wife didn't sign an affidavit concerning liens, or that she didn't sign a deed or trust affidavit authorizing the sale?

The long and short is that you should contact an attorney.

Re: Can't clear Title

Let me see if I have this right. Brother A sells house to brother B, your husband. Brother A provides the funding for the sale (what, he took a promisory note from your husband?). Both brother's cousin is the lawyer. There is no clear title b/c of a lien -- someone who improved the property didn't get paid.

To be valid, notice of the lien must be made on the owner of the property, presumably brother A, seller.

If the lien was filed while brother A owned the property, and remains on the title as a valid lien, either brother A concealed the lien from his brother, your husband, or told your husband about it and they went ahead with the sale anyway.

Cousin attorney either fails to determine title is clear before he represents both the seller and the lender in the transaction, or, my guess, three family members all knew about the lien and proceeded with the sale.

Now title is not clear, and your husband doesn't want to sue his own brother, nor his cousin attorney. But you want to substitute for him and bring claims against the cousin attorney, presumably against the attorney's insurance? Good luck. I would only want to represent the defendant in this one... And based on the facts you've provided, I would probably be disinclined to ever offer any settlement; let the jury decide. I don't see this playing out real well for the family at trial.