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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35306
Experience:  16 years real estate, Realtor. Landlord 26 years
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Buyer's attorney closed without cancelling an old mortgage

Customer Question

Buyer's attorney closed without cancelling an old mortgage and there's no proof that the mortgage was paid. Buyer was refinancing 9 years later and the open mortgage was discovered. What is the Statute of Limitation that the Buyer has against his attorney, and against the Seller and the Seller's attorney?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

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Expert:  Barrister replied 8 months ago.

The civil statute of limitations (SOL) for NY for attorney malpractice is 3 years. The SOL for suing the seller under a breach of contract claim is 6 years in NY.


So unfortunately it would be well past the time that you could sue either attorney or the seller unless you could convince the judge that the SOL should be "tolled" based on the fact that you had no reason to review the title until you started the refinance process.


With that said, your recourse here is to file a "quiet title" lawsuit against the holder of the mortgage to have a judge declare it void and dissolve any lien as long as it has been paid off.





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