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Joined: Nov 2011
Posts: 5,817 Likes: 39
12 point
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12 point
Joined: Nov 2011
Posts: 5,817 Likes: 39 |
I went to sell my land and found that the guy that sold it to me did not own it, his sisters did. the sisters wont sighn anything till they see money. I thought, no problem I have title insurance, but I found that when I bought the title insurance at closing the lawyer never sent the money to the title company. I went to see the closing lawyer that made this mistake, and they said that they will fix it for me and the 3 other buyers it happened to. my question is how long should I wait for them to fix it. and what other options do I have.
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Joined: Jan 2005
Posts: 33,437
Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 33,437 |
I don't know what they are going to do to fix it. That sounds like malpractice to me. How did you close without a title check?
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Joined: Jan 2009
Posts: 7,780
14 point
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14 point
Joined: Jan 2009
Posts: 7,780 |
You're screwed! Was there not a title search?? Had to be with title insurance offered. You should have gotten a copy of title search. This could get $$$. I would be having a snot slinging fit. The attorney that didn't send the money in is gonna have to answer some hard questions.
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Joined: Oct 2003
Posts: 25,712
Freak of Nature
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Freak of Nature
Joined: Oct 2003
Posts: 25,712 |
What type of deed was conveyed with the sale?
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Joined: Feb 2002
Posts: 46,174 Likes: 252
Freak of Nature
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Freak of Nature
Joined: Feb 2002
Posts: 46,174 Likes: 252 |
Sounds like you need a new attorney to sue the one that, uh, pocketed your money.
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Joined: Feb 2009
Posts: 4,465 Likes: 17
10 point
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10 point
Joined: Feb 2009
Posts: 4,465 Likes: 17 |
You need to call another lawyer asap. That situation ain't gonna fix itself. If it was an oversight on lawyers part, it's one thing, if it was intentional it's another. Sumbeech could be disbarred and sued over that
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Joined: Jan 2005
Posts: 33,437
Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 33,437 |
It doesn't matter if it was a mistake or not, that is malpractice.
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Joined: Jan 2009
Posts: 7,780
14 point
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14 point
Joined: Jan 2009
Posts: 7,780 |
You need to call another lawyer asap. That situation ain't gonna fix itself. If it was an oversight on lawyers part, it's one thing, if it was intentional it's another. Sumbeech could be disbarred and sued over that I disagree. I would call the BAR and hound them daily
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Joined: Jan 2001
Posts: 29,794 Likes: 169
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 29,794 Likes: 169 |
If it isn't fixed quickly, your best option is to see another lawyer. Oops, sorry that I'm just echoing other posters, but that ought to tell you something.
Lord, please help us get our nation straightened out.
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Joined: Jan 2009
Posts: 7,780
14 point
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14 point
Joined: Jan 2009
Posts: 7,780 |
The way I read it there ain't no fixing it. The sisters did and still do own the land. They are clear. The seller, buyer, and attorney has to sort everything else out.
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Joined: Nov 2011
Posts: 5,817 Likes: 39
12 point
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12 point
Joined: Nov 2011
Posts: 5,817 Likes: 39 |
I don't know what they are going to do to fix it. That sounds like malpractice to me. How did you close without a title check? I dont know if they title checked it, but I did pay for the title insurance. I paid cash from my entire lifes savings, but the other 3 buyers got a loan for their parcels. The sisters were left the land in their moms will supposedly, acording to the closing lawyer that that checked the title now that Iam selling.
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Joined: Jan 2005
Posts: 33,437
Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 33,437 |
You have no title insurance if he didn't pay them. Doesn't matter if you gave him the money.
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Joined: Nov 2011
Posts: 5,817 Likes: 39
12 point
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12 point
Joined: Nov 2011
Posts: 5,817 Likes: 39 |
You need to call another lawyer asap. That situation ain't gonna fix itself. If it was an oversight on lawyers part, it's one thing, if it was intentional it's another. Sumbeech could be disbarred and sued over that Iam pretty sure the lawyer that made the mistake when I bought it did not do it intentionally since It was only $125 for the title insurance owners policy that I paid for. but it was fishy that the seller never showed his face at closing.
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Joined: Nov 2011
Posts: 5,817 Likes: 39
12 point
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12 point
Joined: Nov 2011
Posts: 5,817 Likes: 39 |
What type of deed was conveyed with the sale? The deed was supposed to be free and clear off all liens. I just looked at the closing statement and the lawyer that I closed with charged $185 for an abstract title search and $125 for the insurance. should I go after the seller or closing lawyer first, if things don't pan out.
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Joined: May 2012
Posts: 8,670
Leupold Pro Staff
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Leupold Pro Staff
Joined: May 2012
Posts: 8,670 |
Do You have any receipt showing you paid for a title search or that you paid the lawyer to specifically provide title insurance? Do you not have any paperwork showing your title search from the title insurance company?
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Joined: Apr 2015
Posts: 143
3 point
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3 point
Joined: Apr 2015
Posts: 143 |
your lawyer should have insurance himself for this. Ask him for his insurance companys name and submit a 10 day letter to them.
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Joined: Feb 2009
Posts: 4,465 Likes: 17
10 point
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10 point
Joined: Feb 2009
Posts: 4,465 Likes: 17 |
What type of deed was conveyed with the sale? The deed was supposed to be free and clear off all liens. I just looked at the closing statement and the lawyer that I closed with charged $185 for an abstract title search and $125 for the insurance. should I go after the seller or closing lawyer first, if things don't pan out. Both, you have got yourself a bonified can of worms. Seller fraudulently sold land he didn't own and closing lawyer should have known it. No bueno!
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Joined: Aug 2001
Posts: 82,681 Likes: 551
GUVNER
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GUVNER
Joined: Aug 2001
Posts: 82,681 Likes: 551 |
Get another lawyer and start pulling all your paperwork including cancelled checks. Also, pull your calendar for when transactions were made. Its gonna be a pain in the ass but you need to get at it. Also, go the courthouse and track down the tax payments.
"Never Trust Government" -- Smart people.
"The Great thing we should Fear and the Weird Thing we Trust is Elon Musk" -- Me
"You can be broke but you cant be poor." -- Ruthie-May Webster
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Joined: Jan 2005
Posts: 33,437
Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 33,437 |
Holly shucks. THE CLOSING ATTORNEY COMMITTED MALPRACTICE. It is his fault. The seller may have committed fraud. But the lawyer is at fault. It doesn't matter if it was a mistake or intentional.
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Joined: Jan 2005
Posts: 33,437
Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 33,437 |
What type of deed was conveyed with the sale? The deed was supposed to be free and clear off all liens. I just looked at the closing statement and the lawyer that I closed with charged $185 for an abstract title search and $125 for the insurance. should I go after the seller or closing lawyer first, if things don't pan out. What type deed is it? Not what is it suppose to do, what type deed. Warranty deed, quick claim, what? Do you have a copy of the deed?
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