Attorney Dropped Ball in Real Estate Transaction

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“I closed on a manufactured home in 2007 . The attorney  I hired for the closing was supposed to surrender the titles to my mortgage company, State Farm Bank. I am now trying to refi and I found that my attorney never filed my property into wheel property, for which I gave him power of attorney. I have had to pay to obtain my titles for each half of the manufactured home. I am now unable to close until I obtain these titles and record property as termed “real property”. Who should have to pay for any costs that I  incur at this time? Since State Farm never caught this mistake and I will obtain and possess the title now, do I legally hold the right to this property free and clear?”

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Title practices vary quite significantly from one place to another, so I can’t answer your second question (whether you hold the property free and clear).  If title insurance is available in your area, I would strongly suggest you obtain some, since that effectively shifts that problem to the title insurance company.

As for your first question (who is responsible for the initial mistake), it sounds like your old attorney was the first one to drop the ball.  There may be more to this than you’re aware of, so I would approach him politely at first, but that’s where I would start.

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Author: House Attorney

A house attorney has answered this question.