Legal Question in Real Estate Law in New York

I purchased my house 1 1/2 yrs ago. I just found out my deed was not ever filed. I used a realestate lawyer for the transation in ny. The title company he used went out of business and so did the title insurance company. My question is, was my lawyer responsible for making sure the deed was filed with the town.


Asked on 3/15/12, 4:34 pm

4 Answers from Attorneys

Thomas Sirianni The Law Office of Thomas A. Sirianni

Call me direct. 516-314-1343

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Answered on 3/15/12, 4:49 pm
Raymond David Marquez R. David Marquez, P.C.

Usually the responsibility for filing the deed and the mortgage rests on the title company's closing agent a/k/a the "title closer." All your attorney did was hire the title company on your behalf. The attorney is not an insurer of the title company's performance.

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Answered on 3/15/12, 5:01 pm
Michael Markowitz Michael A. Markowitz, PC

Q. My question is, was my lawyer responsible for making sure the deed was filed with the town.

A. Generally, the answer is yes.

You should contact an attorney immediately. Feel free to telephone my office - 516-295-9061. Before you point fingers or run to the court, you should attempt to locate the seller, prepare another deed and have the document filed immediately. I can help you with this.

Mike.

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Answered on 3/16/12, 5:53 am


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