What is the name of your state? New York
Our attny never followed through on a SAT for a Second Mortgage we finished paying in 2002. He told my husband that it was all taken care of but we never received any paperwork. The lender was my husband's grandmother who is deceased. Her only beneficiary on a will that was never probated was her daughter, my husband's mother, who is also deceased. There is no one alive to sign the release so a court needs to appoint an administrator. QUES: Is this a costly process? I am furious with my attny for not taking care of this problem. We are selling our home and cannot transfer clear title. QUES: Is surrogate's court a very long and costly process? Is our attny liable for messing things up like this? I think he should pay for the court fees. Also, at closing, is a check cut from proceeds to our attny for his fee? Or can we pay him with our own check later on? I'd rather be billed by him and withhold payment until he goes to court and takes care of this problem.
Our attny never followed through on a SAT for a Second Mortgage we finished paying in 2002. He told my husband that it was all taken care of but we never received any paperwork. The lender was my husband's grandmother who is deceased. Her only beneficiary on a will that was never probated was her daughter, my husband's mother, who is also deceased. There is no one alive to sign the release so a court needs to appoint an administrator. QUES: Is this a costly process? I am furious with my attny for not taking care of this problem. We are selling our home and cannot transfer clear title. QUES: Is surrogate's court a very long and costly process? Is our attny liable for messing things up like this? I think he should pay for the court fees. Also, at closing, is a check cut from proceeds to our attny for his fee? Or can we pay him with our own check later on? I'd rather be billed by him and withhold payment until he goes to court and takes care of this problem.
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