My husband and I hired an attorney to have a title search done on our property prior to getting our mortgage. Upon the attorney's research she found that the title was good, however 2 years later after completing our building another person file claim for our property. It has been over a year now and it sames as if our attorney is not giving our case priority (seeing that she is at fault). We need to complete the next unit of the duplex but the bank can't facilitate us until the title on our property is cleared so we are not making any income from rental of next unit. Can you please advise whether we can file a suit against her?? Thanks!
2006-06-26 08:12:55 · 16 answers · asked by apryl 2 in Business & Finance ➔ Renting & Real Estate
Good luck with that, cause attorneys know the lefts and right about any possible case against them, that's why they are attorneys.
2006-06-26 08:16:35 · answer #1 · answered by Justanothergirl 3 · 0⤊ 0⤋
If the lien against your property was recorded after the search was done the attorney isn't at fault. How is the person filing claim for your property? Did you not pay a contractor or your taxes? or was there a mortgage from the people you purchased the property from still on it? If so it should have been payed off at the closing and the title company can issue a Hold Harmless.
2006-06-26 15:20:49 · answer #2 · answered by wondering 2 · 0⤊ 0⤋
I appears as if someone filed a lien against your property. You need to get an title report from a title company to find out what the lien is about. If you remember the title company that you used 2 years ago, they might as a courtesy send you a copy of your title report, they can fax,mail or email it to you.
Once you have the title report in your hand, you should not have a problem reading it. It is read in numbered paragraphs. Listed should be your mortgage company and the date you closed the escrow or closed your loan.
You should read on and find this new lien with a date and who place the lien against you or your property. Call them and find out why they placed a lien against you or your property. If it is yours you will have to deal with it. If it is not your lien, then they should send a document to the title company indicating it is an error and should be removed.
If someone filed a lien against your property after your loan has losed the attorney did not have anything to do with it,so why would you want to sue him or her.
When you get title work done for a transaction, like a refinance, they are saying right now there are no liens against your property,if there are they must be satisfied.
After that transaction I as well as anyone can file a lien against your property if I successfully sue you in small claims court and you fail to pay I can place a lien against your property
I hope this has been of some use to you, good luck.
"FIGHT ON"
2006-07-07 03:43:52 · answer #3 · answered by Skip 6 · 0⤊ 0⤋
If after a clear title search,someone files a lien against your property how is it the attorneys fault? The title was clear when she did the title search two years ago.Is she trying to get the lien lifted or what? A contractor that wasn't paid ,a sub-contractor any one can file a lien on a property that they can prove the owner owes them money . A housing association can file a lien on a property when the owners don't pay the association dues . I don't see how that was the attorneys fault.
2006-07-08 18:53:08 · answer #4 · answered by Yakuza 7 · 0⤊ 0⤋
Every one says Good Luck. Me too. BUT!
I've been there, done that. Well, let me backup. I tried.
At the best, you must find an attorney "out of town". Any in town are likely to know him and may be friendly. In that case, never happen. My attorney never filed against his "friend".
Before you do that, contact the Bar in your state and file a formal complaint. This may be futile but you never know if there are many complaints on file. It also may help for a new attorney to know this.
2006-07-10 12:57:48 · answer #5 · answered by ed 7 · 0⤊ 0⤋
best bet...contact another attorney to see if lawsuit is possible. Also contact current attorney to find out what is the hold up. DO NOT mention the fact that you may file a suit against the current attorney.
Good Luck
2006-06-26 15:16:42 · answer #6 · answered by Eric D 2 · 0⤊ 0⤋
Your best bet is send your attorney a certified letter (so she has to sign for it) informing her of your intent to contact your state Attorney Grievance board due to her negligence on the case. Give her, say, ten working days (two weeks) to get to you what it is you're seeking. If no reply is received, immediately contact the A/G board. Send them a letter stating your complaints against the attorney. Your attorney may not return calls in a timely manner, but the AG board certainly will. They take all complaints seriously. Good luck!!
2006-07-10 09:00:53 · answer #7 · answered by allyandandre2006 1 · 0⤊ 0⤋
You can't file a suit but you can call your state bar and report them. I think the attorney has to then either take care of your case ASAP or let you out $$$$ free in order to use another attorney.
Talk to your realtor or the bank / lender. They will guide you the right way according to which state you live in.
2006-06-26 15:17:20 · answer #8 · answered by Greta Leigh 3 · 0⤊ 0⤋
It's very hard to find an attorney who will sue another attorney. It's like trying to find a doctor who will say another doctor make a mistake in medical care. It might be easier to go to a law library and research on your own how to file a suit.
http://www.legal-malpractice-lawyers-attorneys.com/
http://www.consumerlaw.com/legalmal.html
2006-06-26 15:17:51 · answer #9 · answered by jd 6 · 0⤊ 0⤋
Honestly, and I know this seems obvious, but you need to hire another attorney. You can't rely on lay people to know enough about this area of law (or any law for that matter) to give you good advice on this. It will cost you more money, but you need to get this resolved. And be sure to choose someone who is in good standing with the bar association. That is really all the advice I can give you!
2006-06-26 15:17:38 · answer #10 · answered by ? 5 · 0⤊ 0⤋