Cease And Desist

[seattle71]

What is the name of your state?NY

I closed on my house on 8/27/04. I received a letter from buyers title company saying in BOLD letters to: CEASE AND DESIST any tranactions I may have with my buyers. The deal closed. The title company is asking me how did the buyer paid for the house? How many check were issued?
Who my attorney at the time of closing was? I asked what this was all about and the title company said they couldnt disclose any information. If I had access to internet to do a search because its in the newspapers. What I came up with is the guy that I sold the house to and 1 day before closing my house:
"he failed to repay a $7.4 million government-backed mortgage, cleared only about $5.6 million at auction."

How the heck does this have anything to do with me??? I tried calling the lawyer who handled my closing but no luck. I wanted to see why these people are calling me and ask since I had so much trouble with this title company ( my itemized bill reflects alot of charges to this title company) What should of been a 30 day cash deal closing took over 2 months. Because of issues they had with their title company

Another thing I am concerned with is I never received a letter that my mortgage was satisifed. That was among the checks I had at closing.
I will be calling the mortgage company to see if they were paid off. I did a search online to county deeds and it still shows me as a mortgagor of the property still. What boggles me is my dad sold his house (not to same comp) a month before I did and in the records his deed was recorded with buyers name/selling price etc...Now its been exactly 4 months and nothing has been sent to me saying this sale has been recorded in city hall. Upon moving I did put in a change of address and been receiving my mail just fine.

I also wonder since I had many other checks coming out of closing if they got paid. (back taxes/liens) It just makes sense they would have sent me a letter saying they were satisfied.

I did get paid out of this but when taking it to the bank I ran into small problem. The check was supposed to be signed twice because of the amount. I was able to rectify that by taking it to the bank it was issued from they signed it and I took it and deposited into my bank.

 

[seniorjudge]

This is pretty strange behavior for a title company.

Anyway, I'd get ahold of your lawyer to see what was going on.

That business about your mortgage not being released: sometimes lenders are slow as molasses. Keep on the lender till it gets released.

Time for you to start being proactive!

 

[seattle71]

I did get in touch with all the people that were to paid out of closing. They received money just fine. There was a mix up with my new mailing address. Copies of everything have been sent out today.

I called down to city hall county clerk and tax dept and it shows me as still being the owner. They also said when taxes become due in Jan if the new owner has not transferred the deed into their name I would be help liable for any taxes, water bill, and etc

I spoke to my attorney and told them I was still on record as being the owner. And all concerns I had mentioned above. They said not to worry about it because I signed off the deed 4 months ago. What will happen if taxes don't get paid the city will foreclose on the property. meantime they will try and contact him.

My mortgage officer seems to believe despite what the attorney said I would be held liable for any bills from that property and it does get into a foreclosure it will reflect on my credit report.

A question I have is who's responsibility is it to transfer the deed at closing the sellers attorney (me) or the buyer??

 

[seniorjudge]

"A question I have is who's responsibility is it to transfer the deed the sellers attorney (me) or the buy??"

Whose responsibility? Didn't you say you closed at a title company?

The title company is supposed to record all the docs. Ask them if they recorded everything, including your mortgage release. You should have gotten the recorded mortgage release.

 

[seattle71]

None of the paperwork has been filed by the title company to anyone in city hall. He has many legals matters pending and its going to be next to impossible to reach/find him.

 

[seniorjudge]

"None of the paperwork has been filed by the title company to any one in city hall. He has many legals matters pending and its going to be next to impossible to reach him."

If you closed in August and nothing has been recorded, you have a serious problem. Go see your lawyer. Immediately.

 

[seattle71]

I wish I could but I moved out of NY after closing to WA state.

 

[seattle71]

serious

serious problems that I mentioned or other ones???

 

[You Are Guilty]

What county was the property located in?

 

[seattle71]

county

albany county

 

[seattle71]

If you closed in August and nothing has been recorded, you have a serious problem. Go

Other than the ones I mentioned or additional ones.

 

[seniorjudge]

I cannot say it any more simply than I already did.

 

[seattle71]

this is my 1st time seling a house so I don't know the ins-out of what actually goes on after closing. I mean from my understanding everyone I owed was to be paid at time of closing, the deed was to be signed over to new owner and I walk away free and clear. I am not in NY i'm 3000 miles away from there which is making this that much harder for me.

Also update..I wanted to double check on water bill to make sure that wasnt in my name too. I called them and they dont have me on the bill. They said what is strange in order for them to put a new owner on the bill. They would have to see the deed was transferred from the county clerks ofc. with new owners name that didn't happen. What did ihappen is my Realtors Ofc called in giving all the infor of buyer. Something doesnt seem right here!!!