Legal Question in Real Estate Law in New York
Mistake on recording of deed of property
I bought a house 5 years ago. All the legalities were taken care of; we closed without a problem. A few months ago I tried to refinance my mortgage and found that the deed describing the wrong property was recorded by the sellers attorney. I requested this attorney contact the sellers to make the corrections so I could refinance before I lost the rate lock. I was told by the new title company that sellers attorney asked them to make the corrections and they would be paid for this work by the original title company (I would not have to pay them since I paid for the title search the first time). Also, the sellers attorney would ''try to locate the sellers, since they have moved to the next state (NJ). 2 months later,was told by the sellers attorney that they had just ''located'' the sellers ( I had found their address on Google 3 weeks earlier and they would be mailing them transfer documents for signature. To date, I have not heard from anyone - the attorney refuses to speak with me - saying that they will only speak with the attorney for the title company. I have now lost my rate, which was low and affordable, my application fee, and all the savings and am in limbo.Can I sue all parties? What if sellers don't sign? Help
2 Answers from Attorneys
Re: Mistake on recording of deed of property
actually - that is why you have title insurance. The easiest and most direct action is against the the title insurance company.
If you would like to discuss this further, please feel free to give me a call.
Re: Mistake on recording of deed of property
At a closing, the parties sign an affidavit from the title company stating that they will help correct any and all problems that may occur from the transaction within a reasonable time period. Some title companies even have a specific time frame, i.e. 10 days from the request.
The sellers are obligated to cure this mistake; however, the title company issued you title insurance for a reason. Your policy (which you should have received at the closing) is where you should begin. That title company should be more than willing to get their attorneys involved in the matter and cure their mistake. The title company is the one who is responsible.
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