Forcing closing attorney to release escrow funds on closed & recorded property.

[sb81]

Hello,

I sold a mobile home in NH. The buyers bought it "as-is" and waived their home inspection. They did not even go to the final walk-through.

I have not lived there for over a year, and haven't even been there in months. The closing went through fine, but we got a call back two days later saying the pipes were broken, which we were not aware of.

The closing attorney stopped payment on the checks to myself and to my lender. This seems completely illegal to me.

The only thing I can think to do, short of suing the attorney, is to threaten him by file complaints to the BAR association, etc.

Any advice would be appreciated.

 

[Michael Wechsler]

I can't say for sure without knowing all the facts and circumstances but, on the surface, I think you're right. With closings I've only dealt with bank checks, never personal checks from an attorney (perhaps this was an escrow account but still...) Once such a deal is done, it's done. I'd write a written letter to the attorney making sure that he understands the gravity of the situation and he can either deal with an angry client who waived inspection rights or he can deal with both the bar and his bank - and you'll sue him for damages. I have a guess he'll wise up shortly.