Legal Question in Real Estate Law in New York
Upon the sale of my property, my lawyer was to mail me an escrow check. She purports she mailed the check, without even a notification to me that she mailed it... it never arrived. She won't answer my phone calls or emails. She has been completely evasive and uncommunicative, forcing me to reach out to second and third parties to reach her regarding my "missing" escrow check. Now my realtor is telling me, via my lawyer, that my lawyer's bank is making her wait a period of time before she is allowed to reissue/send out a new check. I need solid legal counsel on how to broach this, file a complaint against her, and get hard evidence on where my escrow funds are. Keep in mind, I've already paid my legal fees to her and it's now one month since I sold my apartment. The escrow was released from the buyers account following the closing and cashed into her account, so she is the only person i can hold any liability to.
2 Answers from Attorneys
Escrow violations are treated extremely seriously, and, frankly, the answers you say you've been given are complete nonsense.
Please feel free to get in touch.
Demand a copy of the bank account statement immediately and proof where the money is. The people to contact regarding this is the Grievance Committee of the Second Department as you appear to live in Queens.
Second Department Grievance Committees
Kings, Queens & Richmond Counties
Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts
Renaissance Plaza
335 Adams Street, Suite 2400
Brooklyn, NY 11201-3745
(718) 923-6300
http://www.nycourts.gov/courts/ad2/attorneymatters_ComplaintAboutaLawyer.shtml