Legal Question in Real Estate Law in New York
deed not filed
we bought a home two years ago. the house is now for sale. We found out that the paperwork was never filed. None of it!! Now the mortgage company and the title company both refuse to accept responsibility. The mortgage company had hired an in-between abstract company that is now defunct. We are trying to sell the property and have no title. We used the attorney provided by the mortgage company for an extra fee. She is now missing, no longer with the company. The sellers may not be cooperative in producing a new deed. The mortgage company wants a new mortgage signed, but not before they will promise to pay the filing fees.
1 Answer from Attorneys
Re: deed not filed
Your message made me very angry. As a real estate lawyer, I rely on the abstract company to file the deed. The client relies on my services. When trust is broken, it affects the profession as a whole.
First, I would conduct another search. Sometimes the clerk's office (or the individual conducting a search) makes a mistake.
Second, as a practical matter you probably have a copy of the deed. You would not need to file a new deed, just have the old deed acknowledged by the prior sellers. Your lawyer should be able to get them to cooperate.
Third, I would contact the New York Attorney General's office. I you are adversly affected, chances are that other people will also have problems.
Mike.
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