Robert T. McNally was supposed to be our attorney for the closing of our home, however we have never actually met him. Instead we had to deal with Wayne Irvine who identified himself as Bob's paralegal. Wayne never allowed us contact with our lawyer, Bob was never available to us in the office or by ...phone. Mr. Irvine ultimately forwarded all our proceeds, 350+K to a used car dealer in NYC. Mr. Irvine received several poorly worded emails and a phone call from my "husband" the morning of the closing detailing a problem with our bank account the previous week. Though we had just been in the office 2 days prior and we never mentioned a problem, things that make you go hmmm. Wayne never contacted us that morning at all.
Wayne was instructed by the settlement agent's paralegal to contact us, have us come in and sign paperwork for the wire transfer changes in Mr. McNally's presence. Instead, Wayne apparently signed our names without our knowledge or direction, someone placed RTM initials on the document, another person put their initials on it and then Wayne sent the papers back to the agent.
Wayne and the buyer's were also aware that the funds were not available to close that day, perhaps Mr. McNally knew also? The buyers took possession of our home for which no money was available for closing. The real estate agent was clueless, but he got his 22+k commission. Our attorney should have contacted us, given us the option not to vacate our home by postponing the closing AND should have contacted us when they received the strange directions in poor syntax the morning of the closing. But alas, Mr. McNally didn't contact us to verify any changes nor make us aware that there was no money to close. This would be called doing your fiduciary duty to your client.
The following Monday our proceeds never made it to our bank account, again Wayne would not allow me to speak with my lawyer, he just screamed at me. Said the money would be in our bank account by end of business day, I called at the end of the day and received the same excuse. When I called at lunch time on Tuesday, Wayne screamed at me that would be available by Friday. I asked to see the paperwork. At the end of my work day … I discovered all our money was gone. Sent to a used car dealer!
Later I discovered that Wayne Irvine did not hold a valid Notary Public Commission as per the Somerset County Clerk and the NJ State Treasury Department, DORE'S Unit which is responsible for the record keeping of Notaries. Yet Wayne had acted as a Notary Public for at least 15 years, since 2003, without holding a valid commission, while using a Notary Public stamp in his name, according to the County and NJ State Offices.
I called the Somerset County Prosecutor's Office to report the crime. Later that day Wayne called me after McNally's office was contacted by detectives. Wayne advised that I answer questions succintly. Not to volunteer info, seemed to me that he was advising me … like a lawyer. I didn't hear from Mr. McNally until his partner reached out to me a week after closing. McNally said it wasn't his fault, but I knew it is his duty to monitor his employees end product, meaning McNally should have been doing supervising Wayne. Told me he was losing weight because he hadn't been eating. I was told they would help any way they could, so I asked for return of the lawyer fee, which Wayne increased unbeknownst to us the morning of the closing. They said no, that they earned their fee. They also had forwarded the 11K held in their escrow account to the criminal.
Four months after the crime the attorney fee was returned to us with a note that they were happy that they were able to recover our funds. Nope! Actually it was a sharp Detective working for the SC Prosecutor's Office that deserves the kudos along with the SC Prosecutor's Office, NYPD/Major Crimes, the F.B.I. and a Superior Court Judge that helped us.
