Legal Question in Real Estate Law in New York
House Closing
We have been having problems with our attny since Sept when we learned that he had not taken care of a satisfaction of a second mortgage that was paid up in 2002. It has clouded our title and we have to give up 10K in escrow to the title co. There have been a lot of other issues (no updating, rudeness, postponing our closings). We are now going to have pay additional money to the buyers for each day we stay in the house because we can't close on our new house until a week later. All of these problems are caused by our lawyer. IS HE LIABLE at all? I don't want to pay him for the closings until he takes care of the sat. and gets our escrow money back. If it weren't for these title issues we could have closed weeks ago. The extra 1K we have to pay to stay in our house is also his fault. We should have fired him but it's too late now. Our closing is tomorrow. Any advice will be greatly appreciated. Also, he has failed to let us know what we need to bring to the closing tomorrow (we are the sellers) and doesn't return my calls. Thanks.
1 Answer from Attorneys
Re: House Closing
I suggest contacting the Bar Association and filing a complaint against him. He might also be responsible for the extra charges you have incurred, so a separate suit to recover these costs might also be in order.