If you have ever purchased or sold a home you may worked with a lawyer. Many individuals do not, but it is always a good idea to procure the services of an attorney because both the seller and the buyer have different interests in the transaction.
Imagine going to a lawyer for counsel on the sale of your home and the firm helps you in obtaining the best deal with a buyer. You sell the home and purchase another with those proceeds. Then, seemingly out of the blue, you get mail demanding payment for the mortgage on your previous home, which, to your knowledge, had already been sold. This unfortunate story happened to Kimberly Drosos or Norwalk, Connecticut. At the time the article was written in the New York Times (which you can find here), Drosos was fighting to get her old house paid off. The firm she hired to aid in the real estate transaction claims poor bookkeeping was at fault but the attorneys on the case were charged with first-degree larceny and conspiracy to commit larceny. At a subsequent hearing, which neither the attorneys nor Drosos attended, the Superior Court of Connecticut denied summary judgment for Drosos because in her brief she failed to establish that she had a relationship with the defendants and that their negligence proximately resulted in damages. The court suggested Drosos appeal and more clearly state the grounds on which her complaint was based. The cite for this decision is: 2006 Conn. Super. LEXIS 3446. At this time, Drosos has not appealed.
Even if the attorneys did not act out of malice, is their failure to pay off Drosos’ mortgage negligence? I tend to think so. The attornys failed to perform competently and complete the job that Drosos expected them to do. Of course there are legal technicalities to overcome in this conclusion but in a similar situation, we would all expect our attorneys to finalize the sale.
Paralegals! Make sure you and your office are organized! Help set up systems so that well-meaning legal professionals do not hurt clients in such grievous ways.
This blog is prepared by a paralegal student as a class project, without compensation. The content of this blog contains my opinion, and is offered for personal interest without warranty of any kind. Comments posted by others on this blog are the responsibility of the posters of those messages. The reader is solely responsible for verifying the content of this blog and any linked information. Content, sources, information, and links will most likely change over time. The content of this blog may not be construed as legal, medical, business, or personal advice.
This blog is prepared by a paralegal student as a class project, without compensation. The content of this blog contains my opinion, and is offered for personal interest without warranty of any kind. Comments posted by others on this blog are the responsibility of the posters of those messages. The reader is solely responsible for verifying the content of this blog and any linked information. Content, sources, information, and links will most likely change over time. The content of this blog may not be construed as legal, medical, business, or personal advice.
It is scary to think that there are attorneys and law firms out there that act with such reckless disregard of their clients' needs and expectations. Ethics and professional responsibilities aside, those attorneys sound like good old-fashioned crooks! But your post serves as a cautionary tale to everyone who seeks the assistance of a legal professional-make sure you know their qualifications and reputations before signing on the dotted line!
ReplyDeleteTalking about out of control. It is hard to believe someone who took the time to study the law would show total disregard for it. In no way did they have the clients best interest at heart. I guess these guy's believed that lawyers were crooks (NOT). They certainly have not been a credit to the legal profession. Great article. Makes you remember that just because someone is a fiduciary you can't let your guard down.
ReplyDeleteHi Amanda...This is sometimes a too common happening, especially in the real estate market.
ReplyDeleteWhen I was military, I bought a house in Pineville
Louisiana. Fortunately for us, we went through a reputable real estate agent. During the course of our ownership, the original mortgage company went bankrupt and our note was transferred to another mortgage company...Prior to our assignment to Japan, our house was sold and we believed we were in the clear....As it turned out, Delta Mortgage was still saying we owed a balance on the house, even though they had bankrupted and sold the note...Fortunately we were cleared prior to our departure to Japan...Fortunately in our case, unlike the Drosos, we had some competent people working for us. It goes back to the old statement of "Caveat Emptor..." Let the buyer beware. This was a good informative post, a real eye opener about the real estate and legal profession, and what we as consumers have to watch out for.
Most important, in a case, when real issues came up, real estate lawyers NYC been available to resolve them. Their longstanding relationships with other experienced lawyers in the field also make the whole job better - less need to argue, just make a free phone call to discuss your problem to find solution.
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