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Your new bank won't be happy to know the value of the home you purchased has dropped but there could be a case for bank fraud going on here, too........but don't say anything to anyone.....At this point, let your attorney handle every aspect.
I'm a doubting Thomas by nature, and as nice as your attorney may be, I really wonder if it's in your best interest to return to her? There's a crazy code amongst attorneys......they won't go after another.....besides no money being in it (you can't sue an attorney in VA), they have a strange reluctance. I had a problem where an attorney dropped the ball and cost me 10's of 1000's. I found my new attorney by calling around and asking, who's not afraid to take on another attorney? One name kept coming to the surface. You want to trust. It's easiest, but it may not be best. You may want to start dialing now, so at least you have a name. My dialing was over several weeks. You may not have the time if you decide you need another opinion.
Oh, and keep exceptional records. Print out emails and take notes on every conversation. This stuff may be impossible to remember 2 years from now when it's in court.
I'm a doubting Thomas by nature, and as nice as your attorney may be, I really wonder if it's in your best interest to return to her? There's a crazy code amongst attorneys......they won't go after another.....besides no money being in it (you can't sue an attorney in VA), they have a strange reluctance. I had a problem where an attorney dropped the ball and cost me 10's of 1000's. I found my new attorney by calling around and asking, who's not afraid to take on another attorney? One name kept coming to the surface. You want to trust. It's easiest, but it may not be best. You may want to start dialing now, so at least you have a name. My dialing was over several weeks. You may not have the time if you decide you need another opinion.
Oh, and keep exceptional records. Print out emails and take notes on every conversation. This stuff may be impossible to remember 2 years from now when it's in court.
Thanks Smart! Someone sent me a PM saying the same thing and I totally get what you are saying. I made over 20 calls yesterday. Road block after road block. Due to location..the only way to go is south. Local lawyers said to get out of this county for respresentation. I branched out 1.5 hrs with no luck. There are no large towns in PA anywhere near me so the lawyers do a little of everything. They do real estate but only closings..not litigation. You are absolutely correct..no one wants to sue another attorney. I found one who would as I explained the whole situation. He felt our attorney and the bank were the parties to go after. However, 20 min in he asked the name of the seller (bank). I'll be damned..his firm represents them and it would be a conflict. I've pretty much exhausted the pool. If the few who haven't returned my calls don't..my only option is to work with our attorney. Time is of the essence right now. If we can make a suit against the township it has to be asap as they are set to start construction in the next few weeks.
I doubt you would be suing the township or stopping construction. They did everything right.
It is the seller (bank) that misprepresented the property to you. Possibly the realtor depending on what they knew or hid. and possibly your lawyer for not propertly representing you....(didn't fund the issue when doing title search or notice a discrepancy on the deed, etc. And did not tell you IF they found it. Possibly your attorney did everything correct and possibly this recent condemnation was well hidden . )
Did your attorney represent you AND perform the closing and title search?
I doubt you would be suing the township or stopping construction. They did everything right.
I haven't discussed it in detail with my attorney but one I spoke with on the phone said that if it is not on the legal description or deed..there is a big problem. I personally hope it's a screw up as that is the only thing that could stop construction.
It is the seller (bank) that misprepresented the property to you. Possibly the realtor depending on what they knew or hid. and possibly your lawyer for not propertly representing you....(didn't fund the issue when doing title search or notice a discrepancy on the deed, etc. And did not tell you IF they found it. Possibly your attorney did everything correct and possibly this recent condemnation was well hidden . )
Did your attorney represent you AND perform the closing and title search?
NO need to sue anyone if your attorney is working on your behalf again.
Problem resolution first- lawsuit last resort!!! Your atty can very well come to a settlement with the bank and the broker- depending on who ends up being responsible. And, she shouldn't be charging you since you already paid her for a good closing.
Best of luck and let us know as things progress- you have a very instructive case (not thats it's any consolation)!!!
Having an attorney who is representing both sides in the transaction is a very bad thing to do. I wouldn't go back to that attorney. You should also make sure that your attorney complied with state law with respect to what notices needed to have been served when she represented both sides. I can't see how she can fix this herself if she was part of the problem. She should have made sure that the seller provided you with proper notice about this easement.
Sure seems to me like your transaction was mess that came about as a result of the parties all working against you- including this attorney who tried to serve two masters.
It really sounds like there's more going on here than meets the eye.
If the seller was a Bank - in other words the home was foreclosed upon and owned by the Bank and offered for sale through the Bank's contracted listing agent..............
What the devil is " I did say that..however I found out that the seller changed to their bankruptcy attorney"
I don't know of any Bank that would change corporate representation for a real estate matter.
The other thing which concerns me is that there were liens etc against the property that were to be taken care of at closing. Normally, REO (Bank owned property) has all those issues cleared up before the property is listed for sale.
This is starting to sound like a Chapter 7 BK with liquidation of personal real estate per instructions of the Trustee of the Federal Bankruptcy Court serving the particular area. Which could also explain the prior sale of the easement for the highway.
OP, I'm glad your friend/attorney has cleaned house; but know this: she, the attorney, is blaming the paralegal but it all boils down to "the buck stops here" - and that's with the attorney. Whatever the paralegal did wrong, the attorney is on the hook for. Her malpractice insurance rate is at risk here. So while she might be trying to rectify your situation, she is also working on her own behalf. I'm not saying that she is not working for you, but know that it is also self-preservation.
I wish you the best of luck getting to a positive outcome.
Please keep us informed.
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