 Second Mortgage/Transfer of Deed Problem
New YorkWhat is the name of your state?
We are in the process of buying a home and selling our home. We are already under contract on the home we're buying. Now, we have buyers who have signed our contract to buy our home. Now, our lawyer tells us that he's going to let their attorney know that we have a title problem he is working on. In 2001, we were involved in a lawsuit that was settled. We fulfilled our part of the settlement which involved taking on a second mortgage that was resolved when the person died in 2002. Our lawyer was supposed to get a SAT when the person died and the executor was to have signed whatever was required. He never took care of it and we didn't know. We thought as our lawyer that he had taken care of it and had the information in his files. We had no reason to suspect he didn't take care of it. We found out that he hadn't taken care of it recently when we put our house on the market and called him to take care of the purchase and sales of both homes. The executor is also deceased and cannot sign whatever documents are required. This is a second mortgage on our house and our lawyer says he is asking the title company to just omit it or say it's satisfied since the people are dead and he says he sends them lots of business. I am so worried that our current buyers will walk away from the deal when they hear about this mess. I feel it's totally his fault for not having taken care of this when we told him to and I don't see why we have to pay the price for his mistakes. I've been calling him weekly to find out about it. If the title co. can omit it, why haven't they already done so....what is he waiting for? From Sept. to December, it's still not taken care of. Do I have any recourse? Did he have to wait for us to have a buyer until he filed it with the title co.? I wish I could get another lawyer to take care of this mess but now we feel completely married to this one. I'm so depressed, thinking the worst. If anyone has any advice, I would appreciate it greatly. Thanks. CW  | 
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