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Old 01-06-2017, 07:12 AM
 
1 posts, read 1,126 times
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Is it worth sueing an attorney that did not complete disclose a lien on my property at closing? Can he be liable to pay the for the funds listed on closing documents? How can he be held accountable for such negligence? My family and I ended up homeless with no funds from the sale of our home from closing and could not close on the home we had a contract on. This caused a domino effect on everything including having to relocate to a different state.
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Old 01-06-2017, 07:19 AM
 
Location: Raleigh, NC
19,447 posts, read 27,876,065 times
Reputation: 36136
Quote:
Originally Posted by Rell014 View Post
Is it worth sueing an attorney that did not complete disclose a lien on my property at closing? Can he be liable to pay the for the funds listed on closing documents? How can he be held accountable for such negligence? My family and I ended up homeless with no funds from the sale of our home from closing and could not close on the home we had a contract on. This caused a domino effect on everything including having to relocate to a different state.
Huh? You reviewed the closing docs prior to closing, right? You knew your property was encumbered by the Lein, right? Why didn't you say something to the attorney about the (supposed) error?
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Old 01-06-2017, 12:47 PM
 
Location: Salem, OR
15,586 posts, read 40,468,715 times
Reputation: 17498
Quote:
Originally Posted by Rell014 View Post
Is it worth sueing an attorney that did not complete disclose a lien on my property at closing? Can he be liable to pay the for the funds listed on closing documents? How can he be held accountable for such negligence? My family and I ended up homeless with no funds from the sale of our home from closing and could not close on the home we had a contract on. This caused a domino effect on everything including having to relocate to a different state.
Was it a legitimate lien meaning did you really owe that money to someone?
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Old 01-06-2017, 01:46 PM
 
Location: Saint John, IN
11,582 posts, read 6,746,037 times
Reputation: 14786
Quote:
Originally Posted by Silverfall View Post
Was it a legitimate lien meaning did you really owe that money to someone?


If you had a legitimate lien and you owed money to someone how is that your attorney's fault? It would be your fault for not resolving the money you owe. Has nothing to do with your lawyer.
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Old 01-06-2017, 02:28 PM
 
Location: Los Angeles
4,491 posts, read 3,936,661 times
Reputation: 14538
Quote:
Originally Posted by eelio39 View Post
Recently I went into contract on my "two family" home in Queens, NY. We are using the same attorney that we used to buy this house. While we were recently in contract to sell the house we found out that the C of O for the home comes back to a "One Family Home"! Upon further research and while my attorney was becoming evasive, I found out that the title company that was used when we purchased the house uncovered the fact that it was a one family home prior to our closing in 2004!!! HOW and WHY did this fact fail to be disclosed when we bought the home??? The house was listed by the broker as a 2 fam., We were appraised for a 2 fam., the NYC Dept. of Finance carries the home as a 2 fam., we received a mortgage from Wells Fargo for a two family and our deed states that we closed on a 2 family home in 2004! I have all the paperwork from the closing and the research that I did through the Department of Buildings! I need to sue some people because there has to be some sort of recourse for this event! Even if there is a statute of limitations, as an unknowing buyer who paid hard earned money to a lawer and a title company whom are supposed to protect us, failed us. What do we do? I guess that suing is the only answer!!
I'm in California, so I'm not familiar with New York protocols, but I have a lot of experience regarding real estate disputes. I think you should also be looking toward the title company and the listing broker insofar as they are assumed to have the expertise to avoid a situation like this. Be aware that Realtors carry E & O insurance and that would be a great place to start. You might also consider hiring a good qualified appraiser who can prove the difference in value between a 1 family & 2 family home. This will establish your money damages. I think you definitely have a case. Good luck.
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Old 12-08-2022, 03:08 PM
 
1 posts, read 446 times
Reputation: 10
Can you please contact me ? I'm going through a similar situation and I'm desperate. I need some advice and support. I sent you a friend request.
Thanks
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Old 12-08-2022, 03:12 PM
 
Location: on the wind
23,346 posts, read 18,916,990 times
Reputation: 75460
Quote:
Originally Posted by Johana7 View Post
Can you please contact me ? I'm going through a similar situation and I'm desperate. I need some advice and support. I sent you a friend request.
Thanks
The OP hasn't been active on C-D for 12 years. Doubt you'll get a response.
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Old 12-08-2022, 03:15 PM
 
Location: Rochester, WA
14,527 posts, read 12,155,143 times
Reputation: 39120
Post your own thread... posting complex questions on someone else's old thread is confusing for everyone reading it for the first time.
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Old 12-09-2022, 09:32 AM
 
Location: Needham, MA
8,546 posts, read 14,047,046 times
Reputation: 7944
Quote:
Originally Posted by Johana7 View Post
Can you please contact me ? I'm going through a similar situation and I'm desperate. I need some advice and support. I sent you a friend request.
Thanks
Also, your profile states you're in NJ and the OP was in NY. Real estate law can vary a lot from state-to-state and some attorneys are only licensed in their home state. So, I'm not sure how helpful the OP's experience would be to you.
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Old 12-11-2022, 02:31 PM
 
Location: Columbia SC
14,254 posts, read 14,766,189 times
Reputation: 22199
I once met an attorney whose specialty was suing other attorneys. I do not think there are that many but also there are a lot of starving lawyers so shop around.
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