Stunned about easements..now what? (construction, lawyers, broker, value)
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There is more to the story here (isn't there always? ) We know the lawyer personally. She really is a nice person. Her child and ours played on the same ball team. I'm torn as I think she would own up and work with us to figure something out. Am I delusional? I still plan to meet with an independent first..just to know legally IF she is the one that screwed up.
Yes. She did a bad job. If she thinks it's her money affected, she will likely be defensive. Get an independent lawyer and talk to her before the new lawyer does. Let her know what you are going to do and why (if she's really a friend).
I think we are past our knowledge base. Around here you can effectively lose land to a condemnaton or to an easement. For instance we lose the roadway...but retain the portion between the roadway and the usable property.
Well..3 hours and countless phone calls and I have learned..NOTHING. Unfortunately we are on a state line so going in that direction has led to roadblocks for real estate litigation attorneys who are licensed in PA. Went to a large town to the south...and well..we can't afford their hourly rates. Still checking on others though. Would rather not have to sell an organ on the black market to fund this suit. Did make some calls to ones locally but I'm pretty convinced they are all "drinking the koolaid". This could stand in the way of a huge project where alot of people are making money..not being from here..we have no idea who is in bed with who. Please cover your ears while I scream.
Also to note..our closing attorney hasn't returned our call from Friday morning right after we discovered the situation. I didn't really want to talk to her yet but the fact that she is not interested in immediately getting to the bottom of it speaks volumes. I will update when I have something.
Two possibilities are 1. to overturn this sale entirely based on fraud (that it was sold as 3 acres) or 2. pursue monetary compensation for your losses and live in the the house until you decide to resell.
Why not march down to your closing attorney's office with all your evidence and ask for an explanation? Don't be overly angry or accusatory, just state the facts and say I am very shocked and why wasn't I informed, etc? If you can get the attorney on your side (even if they were culpable) they may bend over backwards to help at this point if they think they can avoid being sued. You do have title insurance which should cover this debacle so the attorney can run interference with the title company. You could also ask about the possibility of having the sale overturned and indicate politely that "I may not have to sue if this can resolved at no further cost to me". The atty will tell you what the options are.
Take notes and bring a witness.
If you're upset after this meeting, find another attorney and offer them a percent of the outcome of the suit instead of an hourly rate. But if you can get some resolution based on your own atty's efforts (and they should be quaking in their boots at this point), you'll be ahead of the game. (You'll also find out what defense they'll use if they are going to be obstructionist).
Two possibilities are 1. to overturn this sale entirely based on fraud (that it was sold as 3 acres) or 2. pursue monetary compensation for your losses and live in the the house until you decide to resell.
I suspected these would be the options. Honestly..I don't know which one we would choose.
Why not march down to your closing attorney's office with all your evidence and ask for an explanation? Don't be overly angry or accusatory, just state the facts and say I am very shocked and why wasn't I informed, etc? If you can get the attorney on your side (even if they were culpable) they may bend over backwards to help at this point if they think they can avoid being sued. You do have title insurance which should cover this debacle so the attorney can run interference with the title company. You could also ask about the possibility of having the sale overturned and indicate politely that "I may not have to sue if this can resolved at no further cost to me". The atty will tell you what the options are.
Take notes and bring a witness.
I think your advice is excellent! I agree with you and plan on going to her office later this afternoon. Hadn't thought of having a witness but think that is wise. I've lined up my hubby to meet me there. He is also more laid back..assertive..but not rude. I tend to get worked up. Hoped to have spoken to an independent attorney first though.
As a witness- it's also best to get somebody who is an 'outsider' and not directly affected by the situation. Is there another friend or work colleague that can meet you there?
Gosh I feel SO bad for your situation... I've been reading this thread in awe. I really hope that you get to the bottom of it and can be rightfully compensated!
Holy hell..my head is spinning. After a rough day hitting roadblocks with other attorneys..I just got an after hours phone call from our attorney. She was very upset and wanted me to know what happened today. Seems her paralegal had been hiding the fact that I had been in Fri and trying to meet with her asap since then. I'm sure the PL knew she screwed up. They changed offices over the weekend and IT just got her computer hooked up and internet going and she got my email. She confronted her paralegal about it and ending up firing her. She acknowledged that there were major issues with this whole deal and she would work with us to figure out how to resolve things. She is accepting responsibility for the PL's mistakes..even said she found something else she missed on the contract when she reviewed it before closing. Seems the contract is with the realtor we made the offer with..however..it was signed by the listing agent. Something is wrong there for sure. She said the bank committed fraud as the bankruptcy attorney facilitated the agreement and compensation with the township and bank so both parties knew. They aren't required to provide a disclosure but it is fraud to NOT disclose a known condemnation on the property. Kinda confuses me but she said there is a difference. Silverfall basically said the same thing. She seemed as shocked as us about the surprise of a condemnation. She said that after all that happened today, she wasn't going to sleep well tonight. I told her after talking to her...I was going to sleep better. That I really appreciated her calling just to let me know she was working on things for us.
Also, after we signed the paper for her representing both parties..she said she was notified that the seller would use their bankruptcy attorney. So if we have to sue the bank..there is not a conflict.
We have an appointment to go over everything tomorrow. I am optimistic that she is going to get to the bottom of things and do what is right along with helping us go after the other guilty parties. I can not express how relieved I am. It will be so much easier with her on our side as this has become the biggest mess imaginable. So..too be continued...
Holy hell..my head is spinning. After a rough day hitting roadblocks with other attorneys..I just got an after hours phone call from our attorney. She was very upset and wanted me to know what happened today. Seems her paralegal had been hiding the fact that I had been in Fri and trying to meet with her asap since then. I'm sure the PL knew she screwed up. They changed offices over the weekend and IT just got her computer hooked up and internet going and she got my email. She confronted her paralegal about it and ending up firing her. She acknowledged that there were major issues with this whole deal and she would work with us to figure out how to resolve things. She is accepting responsibility for the PL's mistakes..even said she found something else she missed on the contract when she reviewed it before closing. Seems the contract is with the realtor we made the offer with..however..it was signed by the listing agent. Something is wrong there for sure. She said the bank committed fraud as the bankruptcy attorney facilitated the agreement and compensation with the township and bank so both parties knew. They aren't required to provide a disclosure but it is fraud to NOT disclose a known condemnation on the property. Kinda confuses me but she said there is a difference. Silverfall basically said the same thing. She seemed as shocked as us about the surprise of a condemnation. She said that after all that happened today, she wasn't going to sleep well tonight. I told her after talking to her...I was going to sleep better. That I really appreciated her calling just to let me know she was working on things for us.
Also, after we signed the paper for her representing both parties..she said she was notified that the seller would use their bankruptcy attorney. So if we have to sue the bank..there is not a conflict.
We have an appointment to go over everything tomorrow. I am optimistic that she is going to get to the bottom of things and do what is right along with helping us go after the other guilty parties. I can not express how relieved I am. It will be so much easier with her on our side as this has become the biggest mess imaginable. So..too be continued...
YYYAAAYYYY! I hope this works out for you.. I feel kind of sorry for the PL, but she should've been honest. Anywho, I hope you get what you're owed, plus a little more for those restless days and nights.
I haven't followed this too closely, but did you say that your attorney represented the seller in addition to representing you?
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) We know the lawyer personally. She really is a nice person. Her child and ours played on the same ball team. I'm torn as I think she would own up and work with us to figure something out. Am I delusional? I still plan to meet with an independent first..just to know legally IF she is the one that screwed up.
Still checking on others though. Would rather not have to sell an organ on the black market to fund this suit. 
Update!!!!
