Legal Question in Real Estate Law in New York

Do I have grounds for legal action?

My husband and I refinanced our mortgage in 1997 and the attorney for the previous owner's of our house did not provide us with a payoff letter when we had satisfied the mortgage we had with them. To date, he is having difficulty contacting the first owner's to obtain this information. Do we have grounds for legal action under these circumstances?


Asked on 7/14/03, 4:38 pm

2 Answers from Attorneys
Mitchell Drucker Law Office of Mitchell S. Drucker

Re: Do I have grounds for legal action?

This should have been handled by your title company. They would not have given you insurance unless that loan was satisfied. You should check your policy and call them.

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Answered on 7/14/03, 4:44 pm
Seth Kaufman Seth M. Kaufman

Re: Do I have grounds for legal action?

Mr. Drucker's comment seems right, but you may not have described your problem clearly. If you are saying that you gave a purchase money mortgage to the seller who financed your purchase, and that they never provided a "sat" or discharge of lien when it was paid off, then you may need to take action to make sure that you have good title, free and clear of the mortgage. Feel free to call me at 212-367-9167 to discuss this further.

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Answered on 7/14/03, 11:54 pm


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