Why did I even bother to help?

[Anonymous]

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Cheech wrote:

By the way, I find it very suspicious that the deed just "accidentally" got recorded into the buyer's names and then, coincidentally, they ran up $1 million in liens against the property within a few days of the recording of a deed that never should have happened. How did they know it got recorded? Sounds to me---and I could be wrong----like they KNEW that deed was getting recorded. It's possible that you weren't just scammed by your Buyers and the "lucky coincidence" of a deed "accidentally" transferring over the title.

I may be wrong, but if I understand your post correctly, it sounds to me like they had a few ducks in a row that normally wouldn't have been UNLESS they had foreknowledge of that pending recording.

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Believe me - when a person has that much money owed, and the judgements have been awarded by a judge - they watch title filings like hawks. His creditors were just waaaaiting for him to own real property.

The real damage to me, however, is that he didn't pay the property taxes - about 5K worth. That's what shot my house payment outta sight. The liens followed him - not the property. *Except the stupid $100 homeowners' assoc. dues he didn't pay. It's no accident that the deed was transferred - it was my original attorney not really knowing what in the hell he was doing. He's long gone, too.

As for Countrywide - many phone convos and all I get is "No". The house has been on the market for 6 weeks and we have had exactly two showings. Yes, it's on MLS. People just aren't looking right now. So the prospects of any kind of sale - whether arm's length or in your face - look pretty  dim.

Thanks to everyone for your empathy, sympathy and advice. Luv U all!

[Anonymous]

I assume you are suing your previous attorney for neglegence.  They have malpractice insurance for this very thing.

[Anonymous]

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JimmyMagno wrote:

I assume you are suing your previous attorney for neglegence.  They have malpractice insurance for this very thing.

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What are my damages?

I can't sue the attorney- the buyers didn't pay the preoperty taxes. If I were to bring suite, it would be against the buyers. Pointless - they have so many judgements, that I would be 100000th in line to collect.

[Anonymous]

Maybe I misunderstood.  In your post you mentioned that your deed was misfiled and that it cost you money to get this corrected.  I assume this was due to your attorney making an error (or someone's attorney making an error).  So the costs to correct the matter would be recoverable, plus possible damages beyond cost.  Also was this attorney contracted to do any type of check on the buyers?

Meanwhile did you try to follow my recommendation on contacting the officers at Countrywide?

Message Edited by JimmyMagno on 03-28-2008 04:37 PM

[Anonymous]

First - thanks a million for the CW contact info.

I will be calling and asking them to simply defer the taxes until closing. I am going to fax the contract I have with the listing realtor as proof that the house is actively listed for sale. Hopefully, common sense (and understanding) will prevail.

Actually, it was I who misunderstood-  yes, I could go after the first attorney, but my gut (and my new and improved attorney) tends to think that the closing company actually made the error. And to be truthful, I am so exhausted with the whole mess, that I just want to sell the house and be done with this unfortunate chapter.

The last three years have provided me with the opportunity to figure out that I just want a small house with a yard for the dog, enough room for my records and guitars, and minimal aggravation.

[Anonymous]

I understand the wear that has occurred having been through a long painful process with my home.

I would suggest you ask your current attorney to draft a very simple letter to the entities involved in the closing that resulted in such a difficult situation for you.

Basic idea is this, obviously let the lawyer write it I am just paraphrasing the concept.

Dear <all parties involved in closing that got screwed up>

Due to an error by one of the entities involved in the closing, to which you were a party; Property XXX closing on XXX (all the jargon for registry of deed yada yada), my client has had to expend an great deal of time, effort and monies to correct this matter.

I would like to offer you an opportunity to acknowlege this error and to make a good will gesture toward my client in the form of repayment of the fees involved in correcting this matter.  <details of costs enclosed>.

I look forward to your cooperation in this matter so that we can help my client put closure to this difficult issue and move on with thier lifes.  This issue can be rectified and the matter considered closed with your cooperation and recompensation as stipulated.

Ask him to send it to officers of the title company and to the partners of the first law firm.

Worse case you get no response and you are out of pocket a small amount for the attorney to write the letter.  If either of these companies are at fault, they will be happy to get off so cheap as simply paying the corrective costs.

Anyway, good luck and don't give up !!!

Message Edited by JimmyMagno on 03-29-2008 11:15 AM

[Anonymous]

I almost hesitate to tell you this NOW, but this whole thing could have been easily corrected had your attorney handled it properly.

No matter WHO screwed up and recorded the deed, all that was necessary was for that person to file an Affidavit of Erroneous Recording. That would have effectively reversed the effect of the deed into the buyer's name, and would have resulted in your property being lifted from all the judgements that attached. The Affidavit says, in effect, "pay no attention to that document. It never should have been recorded, and you should pretend that it never was." End of story. End of problem.

You'd still have had the issue about the taxes, but you could have raised enough of a stink with the title/closing company (and I do believe your attorney is right in thinking that THEY screwed up, because typically they would be the ones holding the deed) that they would have worked with you to fix this problem.

The poster who suggested that you rattle their cage is right. I never said this, () but here's a little motto that corporate America (and title companies in particular) lives by:  You can go broke winning lawsuits.

The upshot of that is that IF your attorney presents a letter that sufficiently establishes your cause of action and IF the title company is sufficiently convinced that you ARE prepared to pursue this lawsuit, no matter the outcome, they will often just cut a check to make you go away. Why? Dollars and "sense." It makes no sense for them to spend $50,000 in legal fees trying to defend themselves against an $8,000 lawsuit. Win or lose, they STILL lose.

Face it:  they messed up, and you were harmed by that mistake. I wouldn't send a "nicey-nice" letter. I'd send a "We trusted you and you screwed us!!" letter. Nicey-nice and "would you please" will go into the trash can. "I'm mad as hell and I'm not taking it!" signed by LawyerMan will be taken seriously.

In fairness, it is not the responsibility of the escrow/closing company to pay your taxes, of course, but at a minimum, you paid them a fee for a service and they fell down on the job. Their first offer will be to reimburse you for all the fees you paid them. You can say "thanks" and leave it at that, or fight harder. You might be surprised. IF they take you seriously about suing them, that is.