House closed yr ago - NEED HELP!!

What is the name of your state? NY

I need to get some advice on the sale of my home that took place almost a yr ago. I sold my house back in Aug of 04. I had an attorney that handled the closing. The problem I have is I received a letter saying I owed back taxes. I addressed this to attorney and he said not to worry about it. I signed off the house and I am free and clear. I got a letter from buyers tittle comp saying to cease and desist transactions with buyer. Again I addressed that to my attorney said not to worry. House was already sold. Months later I find out that the buyers title comp was wanted for defaulting on HUD loans. I received another letter saying I owed taxes from 03 - school - 04 property in amount of $2000. I faxed him a copy of the letter and he called me back today and said I OWE that money cause title comp never added that into closing cost. I told him since you handled the closing wasn't your job to add that in. I even gave him a print out of the taxes I owed prior closing. That way he had everything. He tells me he's willing to split the tax bill with me - he would pay the interest that accumlated since closing ($700) and I pick up the other $1300. I never heard of anything like this??? Willing to split the bill he know he messed up on closing and overcharged me. I would then be responsible for the other $1300. That doesnt seem right. Doesnt everything have to be paid before you can offically sign off the property? I feel it is his mistake for not properly doing what I paid him to do. He then proceeded to tell me say if the house gets foreclosed on for these taxes the new buyer could file suit against me for not selling a house that was free and clear - I told him thats not what you said months ago when i first addressed this matter. He then said there is nothing you can do you owe the money and can't really take any recourse against the title comp because I basically would be standing in line with the rest of people they owe money too.

Also another thing that puzzles me is it was supposed to be a cash deal - I found through searching online after closing that a mortgage was taken out a month before the closing and in the paperwork - it says BUYER NAME is legal owner of this property as of this date 8.1.04..??? Again that doesnt sound right -- they never mentioned there would be a mortgage taken out - I was told cash deal. And plus this person didnt even OFFICIALLY own the property till 8.27.04

It also took the new buyer forever to file the deed and get my name off. My name came off 1.21.05

What can I do?? I feel like I am getting taken here??? By the attoney and this title comp.... HELP>>>>>>>>>>>>>>>>>>...

reyrey said:

What is the name of your state? NY

I need to get some advice on the sale of my home that took place almost a yr ago. I sold my house back in Aug of 04. I had an attorney that handled the closing. The problem I have is I received a letter saying I owed back taxes. I addressed this to attorney and he said not to worry about it. I signed off the house and I am free and clear. I got a letter from buyers tittle comp saying to cease and desist transactions with buyer. Again I addressed that to my attorney said not to worry. House was already sold. Months later I find out that the buyers title comp was wanted for defaulting on HUD loans. I received another letter saying I owed taxes from 03 - school - 04 property in amount of $2000. I faxed him a copy of the letter and he called me back today and said I OWE that money cause title comp never added that into closing cost. I told him since you handled the closing wasn't your job to add that in. I even gave him a print out of the taxes I owed prior closing. That way he had everything. He tells me he's willing to split the tax bill with me - he would pay the interest that accumlated since closing ($700) and I pick up the other $1300. I never heard of anything like this??? Willing to split the bill he know he messed up on closing and overcharged me. I would then be responsible for the other $1300. That doesnt seem right. Doesnt everything have to be paid before you can offically sign off the property? I feel it is his mistake for not properly doing what I paid him to do. He then proceeded to tell me say if the house gets foreclosed on for these taxes the new buyer could file suit against me for not selling a house that was free and clear - I told him thats not what you said months ago when i first addressed this matter. He then said there is nothing you can do you owe the money and can't really take any recourse against the title comp because I basically would be standing in line with the rest of people they owe money too.

Also another thing that puzzles me is it was supposed to be a cash deal - I found through searching online after closing that a mortgage was taken out a month before the closing and in the paperwork - it says BUYER NAME is legal owner of this property as of this date 8.1.04..??? Again that doesnt sound right -- they never mentioned there would be a mortgage taken out - I was told cash deal. And plus this person didnt even OFFICIALLY own the property till 8.27.04

It also took the new buyer forever to file the deed and get my name off. My name came off 1.21.05

What can I do?? I feel like I am getting taken here??? By the attoney and this title comp.... HELP>>>>>>>>>>>>>>>>>>...

Click to expand...

**A: hire YOUR own RE attorney.

Re:

I did have my own RE lawyer. My real estate agent recomended him.

What also concerns me is my fee that I had to pay on a residental closing was extremely HIGH. I paid close to $3000 I questioned it and lawyer said because i had some liens and an anicent mortgage on the property and took alot of work to clear title. In addition to 3 page of phone calls I was charged for. I did not know I was being charged for when I called or if they called someone in behalf of getting this property closed. I signed no papers acknowledging these fee's. Some people I have consulted with at most paid $500-750 at the most for their closings fees on a residential property.

I am trying to get in touch with someone else to look over this closing because I really feel this attorney has ripped me off. That is unfair for me to have to pay additional attorney fees to review a closing that took place a tr ago. I have already lost a great deal of $$. But thats what I need to do. What also makes this difficult I have moved out of NYS since.

A question I have as for the buyer shouldn't they have been present at closing?? She had the guy from title company there and that was it. It wass me - my atttorney and buyer title rep.

Please help this was my 1st housing closing...

reyrey said:

I did have my own RE lawyer. My real estate agent recomended him.

**A: terrific. Now go and have a good talk.
*********
What also concerns me is my fee that I had to pay on a residental closing was extremely HIGH. I paid close to $3000 I questioned it and lawyer said because i had some liens and an anicent mortgage on the property and took alot of work to clear title. In addition to 3 page of phone calls I was charged for. I did not know I was being charged for when I called or if they called someone in behalf of getting this property closed. I signed no papers acknowledging these fee's. Some people I have consulted with at most paid $500-750 at the most for their closings fees on a residential property.

**A: you got your explanation which seems ok to me.
**********

I am trying to get in touch with someone else to look over this closing because I really feel this attorney has ripped me off. That is unfair for me to have to pay additional attorney fees to review a closing that took place a tr ago. I have already lost a great deal of $$. But thats what I need to do. What also makes this difficult I have moved out of NYS since.

**A: the have a third attorney review it.
********

A question I have as for the buyer shouldn't they have been present at closing??


**A: no, a Buyer need not be present at closing. Especially at the Seller's closing.
********
She had the guy from title company there and that was it. It wass me - my atttorney and buyer title rep.

**A: then did you not ask "wass up, where da Buya"?
********
Please help this was my 1st housing closing...

Click to expand...

**A: then whose on 1st?

I did talk to the lawyer. As I said in other post he said I owed these taxes bottom line - he said it was the title comp resonsibility to make sure they were all paid and not his. The guy from the ttitle comp is bad news. Defaulting on loans and taxes. Few days before going to closing he had huge foreclosure on his properties. Being he was all over the paper and on the news - shouldn't that have alerted my real estate/attorney to not deal with this guy?? Aren't they suppose to look out for my best interest?? Not deal with someone who is a criminal. As a result I still owe taxes in amount of $2000 and will have to pay additional legal fees to have this reviewed. Not fair when I already paid a great deal to have this done already. Even with those liens and that anicent mortgage it should have never costed me $3000 in attorneys fees. So I disagree there. I did contact a few attorney's back in NY and they said at most $750 with clouded title. what got me was the phone calls to and from his office that I was never told I would be charged. I never signed anything I acknowledge whatever fee's nor was told verbally. Only thing he told me about the fees would be that the closing would be approx 500$ thats it nothing more.

For this attorney to be willing to pay the interest that accumalated. To me that sounds like he really messed up somewhere and is trying to save his own but now. What lawyer is going to come out of there own pocket please!!! He is giving me till end of month with that offer to pay the interest otherwise I am on my own.

I called the county finance dept to see what wasn't paid and to get copies and etc. I explained the whole situation of the title comp and they laughed and said you're for a battle because this guy is a crook (again my lawyer should have known not to do business with him) She said I could file a claim againt the title comp for the taxes - errors and admisssion. She also agreed that what lawyer is doing offering to pay taxes isnt right and I should contact the commitee of professional standards and file a complaint. As well as hire an attorney for legal malpractice.

As for the real estate comp wouldn't I have any recourse for them brining this crook to me. I mean they know whats going on and who's reputable who's a crook. Are't they supppose to screen buyers??? There should have been red flags going off all over with this title guy.

As for the buyer being there at closing I did not ask - My mistake!! Like I saaid it was my 1st closing - The title guy was only person I met with. I never met the buyer.

Some things I found on net about title guy: Keep in mind my closing was 8.27.04

Saturday, January 17, 2004
Taxpayers have bailed out the debt-ridden real estate business of former xxx Director xxx, and the federal government is moving to take over operations of three apartment complexes.

Friday, March 12, 2004
Albany A second real estate enterprise run by xxx, an inspirational entrepreneur whose dreams led the local xxx into bankruptcy, has collapsed under the weight of unpaid debt. The U.S. Department of Housing and Urban Development is foreclosing on xxx three apartment complexes in Albany and Schenectady after he defaulted on $7.4 million in government-guaranteed mortgages.

Wednesday, July 21, 2004
Three apartment complexes owned by former local xx leader xxxx will go on the auction block next month, due to foreclosure by federal officials after xxx defaulted on a multimillion dollar government-backed loan.

8/4/2004
She was talking about xxx, the former xxx leader and owner of several of the properties. His phone has been disconnected, office closed, and there are more than $150,000 in unpaid bills. Now, as of this announcement, his 39 buildings in xxxx are to be sold to the highest bidder at an auction

Thursday, August 26, 2004
An apartment business assembled by former local xxx leader xxx ended Wednesday at foreclosure auctions where new owners bought his three complexes from the federal government.

Also was banned by NYS Attorney Gen in 2001
My office has determined that some remedy to address the clearest breach of duty – the mismanagement and misconduct by xxx – is necessary xxx will be prohibited from any involvement in a policy-making or fiscal role with any charity conducting activities in New York for a period of ten years

seattle71 said:

I did talk to the lawyer.

Click to expand...

HUH???
Who are you??
This thread is 'owned' by 'reyrey'.
Don't try to hijack someone elses thread.

This is Reyrey other name my girlfriend uses is seattle71. Sorry

reyrey said:

This is Reyrey other name my girlfriend uses is seattle71. Sorry

Click to expand...

**A: I'm sorry too. Good luck.

Not as sorry as I am now.


Come guys I have to idea even where to begin with this. Wouldn't i have legal recourse against the realtor for bringing me this guy who was known to be a crook? Everyone I spoke to after closing from County Clerk ofc to my mortgage officer knew this guy was crooked. How did the realty comp not know or they just didnt care and wanted to make there percentage on sale. My guess is they didnt care and now I am faced with hiring two attorney - 1 for reviewing the closing - another for legal malpractice because closing attorney messed up everything telling me I was free and clear on title and now with his offer to pay for interest on those taxes. No lawyer is going to come out there pocket unless they know they did something wrong. Besides he prolly would write this off a tax write off so it doesnt effect him either way. He put this offer on a time limit I have two weeks - because the taxes will go up with interest 1% each month. Two weeks is not fair when i am 3000 miles away and have no paperwork from closing in front of me.

they screwed me hard here!!

I am out:
$2000 now on taxes

Whatever legal expenses will be to get this reviewed

$3000 for a closing - which i feel i was overcharged for and should have been at most $500-1000 - actually my lawyer said he took 1200$ off - my bill would have been $4200 on residental closing???

reyrey said:

What is the name of your state? NY

I need to get some advice on the sale of my home that took place almost a yr ago. I sold my house back in Aug of 04. I had an attorney that handled the closing. The problem I have is I received a letter saying I owed back taxes. I addressed this to attorney and he said not to worry about it. I signed off the house and I am free and clear. I got a letter from buyers tittle comp saying to cease and desist transactions with buyer. Again I addressed that to my attorney said not to worry. House was already sold. Months later I find out that the buyers title comp was wanted for defaulting on HUD loans. I received another letter saying I owed taxes from 03 - school - 04 property in amount of $2000. I faxed him a copy of the letter and he called me back today and said I OWE that money cause title comp never added that into closing cost. I told him since you handled the closing wasn't your job to add that in. I even gave him a print out of the taxes I owed prior closing. That way he had everything. He tells me he's willing to split the tax bill with me - he would pay the interest that accumlated since closing ($700) and I pick up the other $1300. I never heard of anything like this??? Willing to split the bill he know he messed up on closing and overcharged me. I would then be responsible for the other $1300. That doesnt seem right. Doesnt everything have to be paid before you can offically sign off the property? I feel it is his mistake for not properly doing what I paid him to do. He then proceeded to tell me say if the house gets foreclosed on for these taxes the new buyer could file suit against me for not selling a house that was free and clear - I told him thats not what you said months ago when i first addressed this matter. He then said there is nothing you can do you owe the money and can't really take any recourse against the title comp because I basically would be standing in line with the rest of people they owe money too.

Also another thing that puzzles me is it was supposed to be a cash deal - I found through searching online after closing that a mortgage was taken out a month before the closing and in the paperwork - it says BUYER NAME is legal owner of this property as of this date 8.1.04..??? Again that doesnt sound right -- they never mentioned there would be a mortgage taken out - I was told cash deal. And plus this person didnt even OFFICIALLY own the property till 8.27.04

It also took the new buyer forever to file the deed and get my name off. My name came off 1.21.05

What can I do?? I feel like I am getting taken here??? By the attoney and this title comp.... HELP>>>>>>>>>>>>>>>>>>...

Click to expand...

hire another attorney, one that won't put commission before client.

and buyers can switch from all cash to financing-title Company should have mention this to you along with the back taxes that they should seen with doing the Title search.

jnazareno said:

hire another attorney, one that won't put commission before client

and buyers can switch from all cash to financing-title Company should have mention this to you along with the back taxes that they should seen with doing the Title search.

Click to expand...

My luck with lawyers haven't been the greatest. Hopefully I will find someone to talk to tomorrow and proceed from there.

The title comp never mentioned they were changing it to a loan. They also had a copy of all taxes on the property that were delquient and needed to be paid so I don't know what happend.

I mean I couldn't sell the place with taxes still owed??? Per my lawyer all debts on property were to be cleared first.

Question I have regarding my mortgage. I got satifaction letter from HUD. It just was never recorded in city hall. Who is responsible for filing that???

I mean I couldn't sell the place with taxes still owed??? Per my lawyer all debts on property were to be cleared first.

Question I have regarding my mortgage. I got satifaction letter from HUD. It just was never recorded in city hall. Who is responsible for filing that???[/QUOTE]


That's correct ..all liens are to be cleared first before Closed of escrow.at least from the part of my world

Recording are done by the Title Company , and I believe
you used one.

just looks like you have to make some calls to county recorder's office to
clear this up..or maybe the title company (if they screwed up, they should fix em)

if that doesn't work out, I believe that attorney should pay all 100%..
you hired him to do a job, and he may have failed to do his job.

Re

Cleared up? That would include the taxes as well I would imagine too.

Well the title comp for the buyer didnt record my mortgage. Took them forever to get them to file the deed out of my name. Almost 5 months. The title comp was not hired by me but for the buyer.

I wish I could find the title comp. I will dig up what I can here on the net. His last known phone # is disconnected. I don't know if since all his legal problem his comp went under - but I need to find who that title comp who writes his titles - IE Fidelity, Chicago, and Ticor in case I dont locate this title agent I could possibly file a claim of errors and admission with them.

Oh I will be up at 6am making calls (3hr time difference) back to NY and try and get this straightened out.

As for the lawyer I think its in my best interest at this point to have someone else look it over.


PS this is thread started on this back in Dec 04
https://forum.freeadvice.com/showthread.php?t=211765

closing paperwork

After almost a year of requesting my file of closing be mailled to me I finally got it last week.

Anyone from NY know what the standard paperwork you would receive on a closing because included was:

1) HUD-1 Statement
2) TP-584 Form - Transfer Tax Form
3) Affidavit - That house had smoke alarms
4) Bill for attorney - Itemized bill

That is all i received for closing papers per attorney. Is there anything more I should have received?? What i don't understand with the affidavit and tp-584. It has my name on the papers but not my signature it's blank. I would imagine the attorney would have made copies of what I signed.

He also included a copy of contract with RE Comp. Some of that doesn't make sense either (please note this is first time viewing this after a yr -- the RE didnt give me a hard copy it was faxed upon me signing it directly to the attorney they reccomended)

1) Cash Deal - I was told this would be a cash deal and closing will be in 30 days. It wasn't a cash deal a lender was involved. My realtor nor attorney did not tell me of these changes. (I found out on my own back in Jan 05 when deed was finally filed that a lender was involved) It wasn't 30 days either it took close to 2 1/2 months to close. Would that void my contract where I could have backed out??

2) Regarding Lender - says if lender is involved then the closing is to take place at lender's attorney office. It didn't take place a lender's attorney it took place at my attorneys office. Present for closing was my lawyer, title agent for buyer and myself.

3) Deed - In section where it says the property shall be transferred from seller to purchaser by means of Warranty Deed, w/Lien Covenant or XXX (they had that section with x's in it) deed, furnished by seller.

My deed that was filed says nothing about it being a Warranty Deed or w/lien covevant. It just says "deed" (usually below it will say warranty deed) on top of the page. Being I paid everything I need to make this title clear wouldn't the deed then have a warranty??

4) Mortgage - Was taken out a month before closing. I was able to access the mortgage agreement online - in the agreement it says on 8.4.04 that the buyer --->
I promise that (A) I lawfully own the property (B) I have the right to mortgage, grant and convey to lender and (C) there are no outstanding claims or charges against the property. I give a general warranty of title to lender.

(A) Buyer did not lawfully own property at that time (B) How can the buyer mortgage the property while I am still on deed and without telling me so via my attorney or real estate agent. (C) There were outstanding claims against the property at that time when mortgage was taken - I had two liens. How can they give a warranty title when my deed that was filed says nothing to that effect.

Meantime the lawyer who handled the closing has emailed me to see what I want to do in regards to paying the taxes off. The offer he gave me of paying the interest expired 7/31/05. He only gave me two weeks which is not enough time for me to hire another attorney to make sure I am not get screwed again.

Rey

OMG - should have gotten that right -a-way or asap..not one year
then again it's NY..lol