Legal Question in Real Estate Law in Massachusetts
Mortgage closing papers
We closed on our new home on Jan 15 ,1998 and were advised by the bank's attorney that we would receive all of our closing papers in the mail. In the frenzy following the closing--i.e. moving, settling in etc, we did not think about closing papers, and it was not until several months later that we realized we did not have them. We have attempted to call the attorney 5 times and have been assured that someone would call us back, but to date no one has. What are the legal parameters around when closing papers should be sent, and what recourse do we have here?
3 Answers from Attorneys
Re: Mortgage closing papers
This reply may be to late for you; unfortunately, I just received your post yesterday.
I always try to give self-help advice, pointing the consumer in the right direction; however, in this case the short answer for you is to spend a hundred dollars or so and hire a Massachusetts real estate conveyancer to make contact with the bank's lawyer. Presuming that there is no more of a problem than that the attorney has either misplaced or closed the file and simply been to busy to conduct a search, and furhter presuming that you just want your "papers" without hurting this procrastinating lawyer, a telephone call or at most a strongly worded letter from a fellow conveyancer should do the trick.
If you would like to discuss your case further, please do not hesitate to call.
Murray Davis, telephone (781) 593-7379, fax (781) 593-7348, e-mail: [email protected]
Murray Davis
Law Office of Murray I. Davis
P.O. Box 604
Re: Mortgage closing papers
If you bought through a realtor, ask them if they will help you get the paperwork. If no luck, write to the bank's customer relations department and explain the situation. The Bank has a "list" of approved attorneys that they give work to, and if they get complaints, the attorney could lose his place on that list, and not get new work.
Some attorneys do not respond to calls (they may be in Court for a long trial), but a letter will get a response. Consider sending your request in a letter.
In general, unless there are unusual circumstances, you should have your paperwork within days of closing.
Thomas Workman
Law Offices of Thomas Workman
41 Harrison Street
Re: Mortgage closing papers
You should contact the bank first, the broker second, and the Board of Bar Overseers third. The
papers should have been delivered at the closing or immediately after.
Alan Pransky
Law Office of Alan J. Pransky
20 Eastbrook Road
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