purchase closed two years ago, lingering issue

This is a discussion on purchase closed two years ago, lingering issue within the Buying & Selling Property forum, part of the REAL ESTATE & PROPERTY LAW category; Hello, I hope someone can advise me here. We bought a home in NJ two years ago this week. Several ...

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Old May 21st, 2008, 01:35 PM   #1
my3catz
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Default purchase closed two years ago, lingering issue

Hello, I hope someone can advise me here.

We bought a home in NJ two years ago this week. Several months later, I ran into the seller at a grocery store and she told me that our attorney was still withholding some of her proceeds from the sale. I came to realize what had happened:

Her husband died ten years before she sold us the house. She was unable to find the documents that proved that she had paid off this mortgage at another time. I'm not sure of the specifics, but apparently our attorney held a few thosand dollars pending her recovery of appropriate documentation. She says she does not know where to get that documentation.

I have contacted our attorney a few times over the years since hearing this, and they tell me that it's done all the time, and it is no big deal. I don't see how it can be no big deal to have legal technicalities still surrounding a two year old home sale. I'm worried that when we eventually go to sell this house, we will be unable to get a clean title.

Am I wrong to have such concern? I emailed the attorney again today; and the mail was read but not answered. I will give it a day or two and then contact them by phone. Last time I called, the secretary said she would check with the seller's attorney and get back to me; I still wait.

Thanks for any insight.
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Old May 22nd, 2008, 08:51 PM   #2
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Default Re: purchase closed two years ago, lingering issue

Get a title company to give an opinion and/or the lawyer should do so in writing.

It would seem you may still have the appearance liens on the property and you don't want to deal with that in the future--get it resolved now!
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Old May 23rd, 2008, 05:39 AM   #3
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Default Re: purchase closed two years ago, lingering issue

Thank you! I hadn't thought of that; I will do one or the other, or both.
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