What is the name of your state? New York
We had a 2nd mortgage given to us by my husband's grandmother. The terms were that it would be satisfied upon her death in 2002. We stopped paying it then but our attny never followed through on the paperwork and we don't have a SAT to release this recorded mortgage. Now he needs to go to surrogate's court to have an administrator appoint someone to sign it. Grandma only had one daughter, my husband's mom, who has also died. After that, there is only my husband and his sister (who is mentally ill and a drifter who is also hostile toward us). QUES: What are the costs of going to surrogate's court to have this taken care of? Is my attny liable since he didn't take care of the problem when it was supposed to be done and he is now holding us up on selling our home and transferring clear title (the buyers' title co. wants 10K of our money in escrow until we get a court recorded discharge of mortgage)? Our attny told us this was taken care of back in 2003 and we believed him but we never received any papers. I AM FURIOUS at our attny and this situation. Thank you for any advice.
We had a 2nd mortgage given to us by my husband's grandmother. The terms were that it would be satisfied upon her death in 2002. We stopped paying it then but our attny never followed through on the paperwork and we don't have a SAT to release this recorded mortgage. Now he needs to go to surrogate's court to have an administrator appoint someone to sign it. Grandma only had one daughter, my husband's mom, who has also died. After that, there is only my husband and his sister (who is mentally ill and a drifter who is also hostile toward us). QUES: What are the costs of going to surrogate's court to have this taken care of? Is my attny liable since he didn't take care of the problem when it was supposed to be done and he is now holding us up on selling our home and transferring clear title (the buyers' title co. wants 10K of our money in escrow until we get a court recorded discharge of mortgage)? Our attny told us this was taken care of back in 2003 and we believed him but we never received any papers. I AM FURIOUS at our attny and this situation. Thank you for any advice.
Last edited: