Mistake on Deed

[GottaGo]

What is the name of your state (only U.S. law)? NJ

Hello. My husband and I purchased our first home back in November of 2014. A couple of months ago an inspector for the town came by with the Deed and pointed out to us that the Deed is in my name only.
The mortgage is in my name only, but I was very, very clear that the house was to be in both of our names. (My mortgage company is fine with this.)

My attorney's paralegal ordered the Title in both of our names, I still have the email where she told me she was ordering the title and confirming both mine and my husband's information.
I handled all of the paperwork for the mortgage, but come closing time both my husband and I were present at our lawyer's office and signed many many forms (both of us!). His name is listed as a buyer on the HUD statement, too.

I have asked my attorney to correct the Deed. She has agreed to do so but is not willing to pay the filing fees. I do not believe that I should be responsible for this as I have already paid her to do this, and the mistake was hers.

Do you have any advice for how I can get this corrected without having to pay for it again?

Thank you!

 

[Zigner]

What is the name of your state (only U.S. law)? NJ

Hello. My husband and I purchased our first home back in November of 2014. A couple of months ago an inspector for the town came by with the Deed and pointed out to us that the Deed is in my name only.
The mortgage is in my name only, but I was very, very clear that the house was to be in both of our names. (My mortgage company is fine with this.)

My attorney's paralegal ordered the Title in both of our names, I still have the email where she told me she was ordering the title and confirming both mine and my husband's information.
I handled all of the paperwork for the mortgage, but come closing time both my husband and I were present at our lawyer's office and signed many many forms (both of us!). His name is listed as a buyer on the HUD statement, too.

I have asked my attorney to correct the Deed. She has agreed to do so but is not willing to pay the filing fees. I do not believe that I should be responsible for this as I have already paid her to do this, and the mistake was hers.

Do you have any advice for how I can get this corrected without having to pay for it again?

Thank you!

Do it yourself.

 

[GottaGo]

But that would require me paying for it - again.
I already paid for this.

 

[Zigner]

But that would require me paying for it - again.
I already paid for this.

You signed the deed at closing

 

[Zigner]

How much are we talking for the filing fees?

 

[GottaGo]

I signed MANY things at closing, as did my husband. The deed was prepared by the seller's attorney and then later mailed to my attorney who mailed it to me.
My lawyer was supposed to make sure I was signing the right things and translate all of the documents to ensure that my interests were protected.

I have never purchased a home before and do not know what everything was. If I have to research all of the law and paperwork then why would I hire an attorney? I explained to her what we were doing and she was supposed to carry it out and represent me.

If my husband was not on the mortgage and not going to be on the Deed, what was the purpose of having him there to sign all of those documents?

The fault lies with me?

 

[GottaGo]

Sorry, Zigner - filing fees are $90.

Please note that when I asked my attorney about it she said that it was the mistake of many - her, the seller's attorney, the mortgage company, and me.

I hired her so I do not make those kinds of mistakes.
The mortgage company would not have noticed if my husband was not on the Deed because the mortgage is not in his name.
If the seller's attorney was not aware that the deed was supposed to be in both mine and my husband's name then it was because my attorney did not communicate it to the seller's attorney.

Should I have to pay to correct this?
Do I have any other recourse?

Thanks.

 

[Zigner]

Sorry, Zigner - filing fees are $90.

Please note that when I asked my attorney about it she said that it was the mistake of many - her, the seller's attorney, the mortgage company, and me.

I hired her so I do not make those kinds of mistakes.
The mortgage company would not have noticed if my husband was not on the Deed because the mortgage is not in his name.
If the seller's attorney was not aware that the deed was supposed to be in both mine and my husband's name then it was because my attorney did not communicate it to the seller's attorney.

Should I have to pay to correct this?
Do I have any other recourse?

Thanks.

It's $90 - pay it and be done with it.

Life is about smoothing out the small waves and riding out the big ones.

 

[OK-LL]

You signed the deed at closing

Buyers don't typically sign the deed, the Sellers do.

OP, you paid an attorney to represent you in the closing and it was her job to review all documents with you and spot any problems. She failed. I would hold fast and require her to pay for filing the new deed. If she refuses, I would approach the Bar with a complaint.

 

[adjusterjack]

filing fees are $90.

Where are you getting that from? A couple of counties on the following list charge only $30 or $40 to record a deed.

Should I have to pay to correct this?

At this point you might have to if you want it done.

Do I have any other recourse?

In NJ you don't do fee disputes with the Bar, you do them with the court:

http://www.judiciary.state.nj.us/oae/fee_arb/fee_arb.htm

Which is the same place you file a grievance:

http://www.judiciary.state.nj.us/oae/atty_disc/atty_disc.htm

If I were in your place I'd do both and bring a little smoke down on this character. Too many lawyers get away with this kind of stuff because their clients are often too afraid to take them on.

 

[GottaGo]

OK-LL - thanks. I feel the same way. I have been really aggravated at this situation - not because a mistake was made, but because of my attorney's reaction.
I was weighing my options, wondering if it was worth it to go through this with her or if I could just put my feelings aside and pay yet more money to get it done.

Adjusterjack - I was told by my attorney that she would not charge me to file the Corrective Deed but that the court/filing fees would be about $90.

I was referred to this attorney by a service that I pay for. I have gone back to this service and advised them of the situation. I know they have reached out to my attorney but I have not yet heard back from them to see if there will be any resolution.

I suppose if I get nowhere with the service then I will file a grievance.
I think this may have been her (my attorney's) first closing because she really did not seem to know what she was doing. I had my mortgage broker on facetime to help us figure out what we were supposed to be signing.
As I said, I'm not that upset about the mistake, I'm just upset that she continues to deny it was her mistake and will not correct it for free. Why is she willing to risk her reputation over $90?

 

[adjusterjack]

Adjusterjack - I was told by my attorney that she would not charge me to file the Corrective Deed but that the court/filing fees would be about $90.

Ask her what, exactly, has to be filed with the court for $90.

Why is she willing to risk her reputation over $90?

I don't know.

Why does anybody quibble over trifles?

Human nature, maybe.

 

[GottaGo]

adjusterjack - she has stopped responding to me, so I am not sure that I would get anywhere by asking her that.
Right now I am letting the service that referred her to me handle it to see if they can get anywhere.

If they are unable to get anywhere, I'd almost rather not file the Corrective Deed through her.
Am I at a disadvantage if I ask another attorney to file the Corrective Deed for me?
What if I use the Seller's attorney?

Also, can I file it myself or is it complicated?

Thanks!

 

[GottaGo]

Aaarrgghh!
The service I used to get the referral (like an insurance company for legal services) says they cannot ask my lawyer to pay the filing fee, the most they can do is call her and ask her what my recourse is.
So they are going to ask the person who made the mistake, who won't admit she made the mistake, who is not willing to pay for the mistake, and who now will not even respond to me what my recourse is.
Awesome.
And they will probably continue to refer clients to her.

I am so disappointed.

 

[FlyingRon]

Have the deed corrected (at your expense) you don't want to risk other issues waiting around for this argument. You can try small claims or the NJ Bar fee arbitration process.
https://www.judiciary.state.nj.us/oae/fee_arb/fee_arb.htm