Closing Atty lost signed note -- do I get the house for free?

[jwhip]

I live in KY. The Atty's office who handled the closing on my house has called to inform me that they cannot locate the original signed note for my mortgage. The lender doesn't have it, I don't have it and they don't have it. The property has trasnfered and the seller has her money already. I don't know what the implications are, but it seems that they blew it and now they want me to sign another note. I don't want to drive all the way across town and miss work for a mistake they made. I haven't made my first payment yet (but it is due very soon) and the closing was on 4/30/01. What should I do?


Thanks.

 

[HomeGuru]

Do not do anything until you consult with an attorney.

 

[jwhip]

So I spoke with this guy I know (we'll call him John H.) who does criminal law. While this question isn't in his area of speciality, he basically said that I should get a document from the attys office that invalidates the first note and then sign a second.

I say that if they can't prove I owe 'em any money, I shouldn't have to pay them back. At the very minimum I should get a grilled cheese sandwich or maybe a pop-tart or some chicklettes -- something. Really, though, I guess if the intent is there then I owe 'em...

Maybe I should call someone that just does contract law?

 

[HomeGuru]

Get a real estate attorney.