Possible malpractice by real estate closing attorney

This is a discussion on Possible malpractice by real estate closing attorney within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; I recently sold a home an TN and purchased another home. We knew we would be tight on the purchase ...

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Old Jan 30th, 2008, 12:07 AM   #1
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Confused Possible malpractice by real estate closing attorney

I recently sold a home an TN and purchased another home. We knew we would be tight on the purchase of the second home but was assured that financing would be feasible. The day before the closing of the home we sold, the closing attorney sent the settlement statement to our bank, which overstated the proceeds from the sale by $20,000. I questioned this, but was assured that it was correct. The following day, we were to close on the house that we were selling in the morning and the home we were buying that afternoon, and the movers were at our home packing our possessions. The sellers of the home to be purchased had moved two days prior. Just hours before we were to close, the bank called us and said there was a big problem, i.e., that the closing attorney for the home we sold overstated the proceeds from the sale by $20,000, and our financing would have to change to a much more costly option. By this point in time, the movers were almost finished packing, and we had no financing and no pre-occupancy agreement with the sellers of the home we were buying. The ultimate financing proposed by the bank was almost $400 higher than what had been quoted based upon the information provided by the closing company. This resulted in us having to go to another bank to get more favorable financing, and to have to rent the home we were to purchase for a week and a half. The stress of this situation has been tremendous on my family due to the uncertainty of living circumstances. Do I have any legal recourse against the closing attorney that provided erroneous information to my lender?
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Old Feb 1st, 2008, 04:02 PM   #2
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Default Re: Possible malpractice by real estate closing attorney

Based on what you say here, you could try to file suit against him (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to his behavior... You may also report him to your state attorney general's office if you suspect fraud etc.
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