• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

closing attorney gave away half my property

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

rockbust

Member
I subdivided my 2.6 acre lot into 2 lots and recorded the plat plan with the county. lot A has a house with 1.2 acres and lot B a large Mechanic shop with 1.4 acres. I then recently sold the house and 1.2 acres. It was listed by a realtor and the new survey given to the realtor.. a few days ago I was looking at the county website for what my taxes may be for my shop and 1.4 acres and couldnt find my name anywhere. I then noticed the deed prepared by the attorney stated the entire 2.6 acres in the deed verbiage and referenced and old survey from 1980. no mention of the 2 parcels or the subdivision recorded plat plan survey. Did the attorney just give my mechanic shop and 1.4 acres away?? I called him and no call has been returned.
 


adjusterjack

Senior Member
Did the attorney just give my mechanic shop and 1.4 acres away??
He's not the only one to blame. You had several opportunities to read all the paperwork during and at close of escrow. My guess is you just signed stuff without reading and understanding what you were signing or you would have caught the discrepancy.

If your attorney won't fix this, you'll have to hire another attorney to fix the real estate issue and after that another attorney to sue the first attorney for malpractice.
 

rockbust

Member
what several opportunities?? only at the closing was I given the paperwork for the deed. and I think most people would not really dive into the legal description in the deeds. These can be a page or more of language that the layperson hires an attorney to decode. Sorry adjusterjack but that is what I hired him for.
 

adjusterjack

Senior Member
what several opportunities?? only at the closing was I given the paperwork for the deed. and I think most people would not really dive into the legal description in the deeds.
Those people end up here because they don't practice self-preservation.

These can be a page or more of language that the layperson hires an attorney to decode. Sorry adjusterjack but that is what I hired him for.
Not buying it.

Your lawyer has dozens or hundreds of clients' paper work to shuffle. You only have one - you.

You subdivided your property into two lots and filed the new plat with the county. You had to have seen the difference between the former legal description and the newly separated legal description.

There was a sales contract that you signed with which you could have compared the legal descriptions and parcel information with the recorded document of the subdividing.

If there was an escrow there would have been escrow instructions which would have given you one more opportunity to make sure everything was correct.

And, finally, when the deed was put in front of you for your signature, that was yet another opportunity.

Anyway, I don't know what it's going to take to fix this. You're going to have to go to your buyer and tell him the paperwork is all wrong and it has to be redone. Hid you reach your lawyer yet?
 

rockbust

Member
Yes finally heard back with an email from the attorney. He is looking into it. Closings are quite different in SC compaired to most places. A contract consists of a SC form saying address and any contingencies . A good faith deposit of a few hundred is all that is needed. Then in a few weeks you close. No escrow. No contract review by attorney for either side. No title people at closing.
 

francie

New member
Not buying it.

Your lawyer has dozens or hundreds of clients' paper work to shuffle. You only have one - you.

You subdivided your property into two lots and filed the new plat with the county. You had to have seen the difference between the former legal description and the newly separated legal description.

There was a sales contract that you signed with which you could have compared the legal descriptions and parcel information with the recorded document of the subdividing.

If there was an escrow there would have been escrow instructions which would have given you one more opportunity to make sure everything was correct.

And, finally, when the deed was put in front of you for your signature, that was yet another opportunity.

Anyway, I don't know what it's going to take to fix this. You're going to have to go to your buyer and tell him the paperwork is all wrong and it has to be redone. Hid you reach your lawyer yet? @
adjusterjack

I agree with your point of view!
 

rockbust

Member
I hate to be rude but you do not know what you're talkin about.there is not I repeat not several opportunities to see what the title company prepared. there is only one opportunity at the closing in South Carolina. There is no I repeat no formalize contract that contains the deed, deed description . There is no escrow. I repeat no escrow. There is only earnest money deposit when they make their offer. Their offer is accepted. There is an acceptance form signs And you go right to closing. Before you out-of-staters answer with information that is totally incorrect I would appreciate at least a small amount of understanding of South Carolina real estate process.. the contract had the correct I have a land on it.
Anyway. Just for an update the attorney has blamed it on the title company who did the search and I agree. He has no idea how the filed plat and subdivision got passed them. He has prepared a new deed to transfer property back to me and we are awaiting the buyer's signature. Thank you
 

Sponsored Ad

Top