Legal Question in Real Estate Law in Connecticut

Closing Attorney Screws Up

I bought my ex-wife out of her share of the house during our divorce. Our joint commitment included a mortgage and home equity loan. My new mortgage, same bank, would include these elements, mortgage amount, heloc amount and an agreed to equity amount paid to her for her share of the house. I won't go into how many attorney's looked over the numbers on this. At the closeing, the banks attorney apparently paid my ex-wife the equity amount from his firms ''slush fund'', which nobody including me knew he was doing. He never was given the money from the bank and my accounts were never debted. In other words, my new mortgage only consisted of my old mortgage + my old home equity. Nobody noticed. This transaction took place in 1999. Recently, I've received notice from this firm of the error and I now owe them the amount. Can they do this? Is this right?


Asked on 5/06/03, 2:50 pm

1 Answer from Attorneys

Thomas Noonan Attorney Thomas F. Noonan L.L.C.

Re: Closing Attorney Screws Up

Thanks for your inquiry. However, it is very hard to determine what actually happened from your question. I don't know if you had a divorse attorney and a real estate attorney. If you had different attorneys, I would contact them and ask for a consultation on what when on in both the divorse action and the real estate closing. If it is the same attorney did both, you should see an another attorney with your paperwork on both for review and advice. If you want me to review this for you, if it was the same attorney or you don't want to speak to them, please contact me at 203 6399838 for a free consultation.Thanks for contacting me through law guru. Tom Noonan

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Answered on 5/06/03, 4:09 pm


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