Mistake on Deed

[latigo]

Where are you getting that from? . . . . .At this point you might have to if you want it done. . . . . In NJ you don't do fee disputes with the Bar, you do them with the court:

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.

With all due respect "ajax", master accumulator of cyberspace links of negligible value.

This ain't no dispute of over professional fees! The poster isn't complaining about the fees heretofore paid. Nor is the lawyer telling her that there will me more to come.

If anything this serialized teapot tempest touches on an issue of professional malfeasance, And a highly questionable one at that. Questionable, as someone has already noted, because she signed the bloody closing documents. She knew that she alone was receiving fee simple title. Either that or she needs a personal care taker.

As for your DIY nonsense, only the original grantor has the ability to effectively modify the material terms of recorded deed. If otherwise, I would own Times Square and the other half of the Chrysler Building.

Incidentally, smoke doesn't go DOWN! You of all people ought to know that!

As for real life lawyers "getting away with legal stuff". How about real life wannabes getting away with legal stuff in here?

 

[Just Blue]

With all due respect "ajax", master accumulator of cyberspace links of negligible value.

This ain't no dispute of over professional fees! The poster isn't complaining about the fees heretofore paid. Nor is the lawyer telling her that there will me more to come.

If anything this serialized teapot tempest touches on an issue of professional malfeasance, And a highly questionable one at that. Questionable, as someone has already noted, because she signed the bloody closing documents. She knew that she alone was receiving fee simple title. Either that or she needs a personal care taker.

As for your DIY nonsense, only the original grantor has the ability to effectively modify the material terms of recorded deed. If otherwise, I would own Times Square and the other half of the Chrysler Building.

Incidentally, smoke doesn't go DOWN! You of all people ought to know that!

As for real life lawyers "getting away with legal stuff". How about real life wannabes getting away with legal stuff in here?

Complain to the Management.

 

[GottaGo]

With all due respect "ajax", master accumulator of cyberspace links of negligible value.

This ain't no dispute of over professional fees! The poster isn't complaining about the fees heretofore paid. Nor is the lawyer telling her that there will me more to come.

If anything this serialized teapot tempest touches on an issue of professional malfeasance, And a highly questionable one at that. Questionable, as someone has already noted, because she signed the bloody closing documents. She knew that she alone was receiving fee simple title. Either that or she needs a personal care taker.

As for your DIY nonsense, only the original grantor has the ability to effectively modify the material terms of recorded deed. If otherwise, I would own Times Square and the other half of the Chrysler Building.

Incidentally, smoke doesn't go DOWN! You of all people ought to know that!

As for real life lawyers "getting away with legal stuff". How about real life wannabes getting away with legal stuff in here?

I did not sign a Deed, the Deed was written up by the seller's attorney, signed by the seller, filed in court (I assume) and mailed to my attny, who then mailed it to me. In NJ Grantees (buyers) are not required to sign the Deed.
I am not sure what 'receiving fee simple title' means, but because I do not know what that, and many other legal and real estate terms mean, I hired a real estate agent and an attorney. I do not need a personal care taker, just a lawyer who protects my interests and properly translates documentation. If one has never purchased a home before and is not a real estate attorney it is not so unusual that one would not know which paperwork should be signed by the mortgage holder only and which paperwork should be signed by all parties who would own the home.

Since you said only the Grantor has the ability to effectively modify a recorded deed - does this mean that the seller's attny will need to correct the deed?

 

[Zigner]

I did not sign a Deed, the Deed was written up by the seller's attorney, signed by the seller, filed in court (I assume) and mailed to my attny, who then mailed it to me. In NJ Grantees (buyers) are not required to sign the Deed.
I am not sure what 'receiving fee simple title' means, but because I do not know what that, and many other legal and real estate terms mean, I hired a real estate agent and an attorney. I do not need a personal care taker, just a lawyer who protects my interests and properly translates documentation. If one has never purchased a home before and is not a real estate attorney it is not so unusual that one would not know which paperwork should be signed by the mortgage holder only and which paperwork should be signed by all parties who would own the home.

Since you said only the Grantor has the ability to effectively modify a recorded deed - does this mean that the seller's attny will need to correct the deed?

You can do this on your own (if the mortgage allows it.)

 

[GottaGo]

If anything this serialized teapot tempest touches on an issue of professional malfeasance, And a highly questionable one at that. Questionable, as someone has already noted, because she signed the bloody closing documents. She knew that she alone was receiving fee simple title. Either that or she needs a personal care taker.

Yes, BOTH my husband and I signed closing documents - many of them. The Deed is the only one that I have come to find out that was prepared erroneously. If both my husband and I are present at closing and signing that 2 inch stack of papers given to us, how would I have known that one of them (hopefully only one of them) was prepared incorrectly?
Oh! Because my lawyer was supposed to be reviewing those documents to ensure that they were accurate!
Apparently she failed to do that.

 

[GottaGo]

You can do this on your own (if the mortgage allows it.)

Thanks, Zigner.
My original attorney is willing to file the Corrective Deed, but not willing to pay the filing fees. I assume that if I were somehow able to figure out how to file it on my own I would still be responsible for the filing fees. I find it unfair that I would have to pay to file a Deed for my home (even a Corrective Deed) because I have already paid to have that done. It was not my error that caused the Deed to be filed incorrectly and I don't feel like I should have to pay for someone else's error.
It bothers me that my attorney is not willing to admit that she's made this mistake and make it right. I feel like I am being taken advantage of. I expected that she would have a little more integrity than this and take a little more pride in her work (and reputation).

I suppose that at the end of the day law is just law, it doesn't necessarily govern what should be or what is 'moral' or 'right'.

 

[Zigner]

Oh for Franklin's sake - pay the $90 and your problem is solved. Yeah, it's not fair...wah wah...but it'll be done.

 

[quincy]

There should be no fee required at all for recording the newly-executed deed if the sellers establish that the new deed is only to correct a deed previously recorded. The sellers will have to sign the new deed although the deed itself can be prepared by your own attorney.

The original deed was more-than-likely prepared by the sellers' attorney, it was signed by the sellers, and it would have been the sellers who paid the original recording fees.

 

[Zigner]

There should be no fee required at all for recording the newly-executed deed (who will need to sign the new deed, although the deed itself can be prepared by your own attorney) if the sellers establish that the new deed is only to correct a deed previously recorded.

The original deed was more than likely prepared by the sellers' attorney and signed by the sellers and the recording fees were paid by the sellers.

The problem is that this really isn't a "correction" (like a misspelled name) - this is a change in the deed.