lawyer refuses to acknowledge misfiled deed

[emjb]

What is the name of your state? New York

My 8 siblings and I hired a lawyer to handle our large house, which was mortgage-free, to record a deed stating that I would become owner upon receipt of bank payment to my siblings (after I got a bank loan to refinance).

The 9 of us signed notarized stipulations about the amount, then we met in her office, signed lots of papers, paid her thoussands of dollars, and were told all was completed.

I applied for refianancing to get a loan to pay my siblings but the attorney for the bank's title company told us the deed had been misfiled. It states in the legal deed itself that I already paid my siblings all the money.

I did not. No lawyer I spoke with can even understand why this lawyer wrote in the deed she filed that I had already paid out $360,000 to my siblings. They have told me most deeds just state "for $10 and other consideration" or something like that.

Recently, after almost 5 months, I got the deed in my mail, which is when I noticed that the deed does indeed say that I paid them money already.

Apparently one of the many checks my siblings and I wrote out to her that day included taxes on this amount ($360,000) because included in this packet I finally got with the recorded deed inside, was a tax form stating that I have already paid taxes on that $360,000. NYC's taxes are very high for real estate!

Those tax papers have my name signed by someone other than me. That is not my signature.

When I emailed this lawyer and told her I didn't like it, she said the matter was closed.

1-What can I do about the deed that says I paid out $360,000 for consideration when I did not, and am, in fact, still seeking financing?

2-What recourse do I have when a lawyer refuses to file a correct deed, saying, "I did what you told me to do"?

3-How can I get a hold of the person who signed my name? That's not my signature, nor the signature of one of my siblings (representing the sellers of the house) whose name is on the tax form as well?

4-Four lawyers have told me I have no chance to go up against another lawyer, that I can have the deed re-filed, this time correctly but I have to do it myself or hire a new attorney. They have said I should not include money in the deed to be filed, other than $10 and other consideration, since our family stipulation, notarized, states who gets what amount. The stipulation would be attached to the deed.

Other than reporting this lawyer to the ABA, what can I do about her having my name signed to a tax paper? Obviously she won't do anything else now that she was paid thousands by us, and accused me of slander when I used the term "forged" in asking her, "Who forged my name?" since that's not my signature, nor that of my sister's on the tax receipt saying I needed to pay money on transfer (of $360,000) taxes.

Thank you for dealing with this complicated matter. The lawyer promised us when we hired her that it would be a simple process. It has gone on for almost a year now and is not at all simple.What is the name of your state?

[seniorjudge]

4-Four lawyers have told me I have no chance to go up against another lawyer, that I can have the deed re-filed, this time correctly but I have to do it myself or hire a new attorney. They have said I should not include money in the deed to be filed, other than $10 and other consideration, since our family stipulation, notarized, states who gets what amount. The stipulation would be attached to the deed.

Make that five lawyers.

The ABA is a lobbying organization and nothing to do with ethics.

You need to report this lawyer to the NY state bar's disciplinary committee.

[efflandt]

One thing I do not understand is that you said it was "mortgage-free" and then you mention "refinancing" (if there was no mortgage to refi).

If you needed to arrange financing, why did you execute and record the deed before that was begun (makes no sense)? Shouldn't the deed have been processed simultaniously when financing was obtained (everything settled in one closing)? Maybe what you really should have had the attorney write up was a contract saying what everyone agreed to (in the future), not a deed saying what had been done.