We purchased a home and the deed was recorded. However, we were sent notice that the deed was incomplete. The sellers attorney corrected the deed and we signed April 8th. The sellers have not signed and returned the paperwork to their attorney. The attorney has communicated with the sellers weekly and is told "we will sign and return to you". What can we do to force the signing and recording?
We aren't told why a correction deed is necessary, but it must be so. Otherwise why would the sellers' attorney have prepared one?
Anyway if the pigheaded seller's remain obstinate, and you have no recourse under a title policy, as a last resort you may need to file a civil action against your sellers. The nature of which would be for specific performance of their contractual obligation to convey marketable title.
Also adding a second count for a declaratory judgment finding that the sellers are so obligated, ordering them to comply and should they continue to refuse that the court execute the appropriate deed on their behalf.
Hopefully the problem can be resolved without court intervention. But if necessary, I see no reason why a court would not honor a request that the sellers be taxed your court costs and attorney fees.
Whatever, don't sit on this! The longer you wait to correct your title to the property the more difficult if will become. The sellers may have some undisclosed reason for their hesitancy and if you bought the property without having title insurance you may be on the short end of the stick.
Let us know what happens, please.
