Legal Question in Legal Malpractice in New York

Real Estate Purchase - Attorney did not clear outstanding liens

I bought three properties last year and am now finding out there were outstanding liens on the properties at the time of my purchase. My lien search company located these liens but the attorney did nothing to have them cleared.

Do I have a case? Against whom? What plan of action do you recommend?

Thanks!


Asked on 4/27/03, 2:37 pm

3 Answers from Attorneys

Mitchell Drucker Law Office of Mitchell S. Drucker

Re: Real Estate Purchase - Attorney did not clear outstanding liens

Based upon the information that you supplied, it is probably safe to say that you are a real estate investor who purchased some distressed properties. Unless these were all cash deals involving "quit claim deeds" and you chose not to obtain title insurance despite the advice of counsel, you likely have claims. Against whom is the question. They could be against the title company, your attorney and/or the seller. I would need further information to give you a more precise answer to your question. Being an attorney, licensed real estate broker and real estate investor myself, sympathize with your situation. You should consult with an attorney, at which time you can give him/her all of the relevant information regarding these transactions. Good luck!

- Mitchell S. Drucker, Esq.

This response is given for informational purposes only. No attorney/client relationship exists.

(which, in and of itself, may cons

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Answered on 5/09/03, 9:57 pm
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Real Estate Purchase - Attorney did not clear outstanding liens

While more facts are certainly needed, you no doubt should have been advised by your attorney about the existence of the liens and given the option not to close until they were cleared.

I know of a real estate litigator in NY, should you want a referral, who may be of help.

-- Kenneth J. Ashman; [email protected]; www.AshmanLawOffices.com

The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

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Answered on 4/28/03, 1:23 pm
Michael Paradise Law Offices of Michael S. Paradise

Re: Real Estate Purchase - Attorney did not clear outstanding liens

Your case needs more facts. If you purchased these properties, did you have title insurance? Was a bank involved? Were the liens against the property or against the seller(s)? An attorney cannot "clear" outstanding liens; the seller must clear them before title passes or you take the property subject to the liens (or you do not close until title is clear).

A full factual investigation is necessary before any opinion as to malpractice or otherwise can be rendered.

Feel free to contact me if you would like further assistance.

This response does not constitute legal advice nor does their exist any attorney/client relationship.

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Answered on 4/27/03, 3:51 pm


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