I received a summons for a Foreclosure. The property was sold 8 years ago to someone who defaulted on the mortgage. I had an attorney for the closing. I am being sued because the bank is saying that the Legal Description of the property is incorrect and it was a "mutual mistake" The attorney that did my closing said that it got passed the buyer's attorney, the Title Company, and he copy and pasted the legal description so it should be correct. They are saying they are getting the description from the tax assessor's office Since I now have to hire an attorney to respond to this and pay a filing fee, can I countersue for attorney's fees and filing fees since they were the lender that approved of the legal description? Or is the Title company responsible?
You say "they were the lender" but who is "they"? How did "they" approve the legal description? Lenders do not approve legal descriptions. Sounds like there was title insurance so why is the title company not handling it?
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You cannot sue for attorney's fees if you do not have an attorney. You should consult with a lawyer to determine whether you have any viable action.
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Without seeing any of the documents, and based only on the facts you have presented, my guess is that there was a discrepancy in the legal description for property you sold. The buyer did not make the payments, and the lender is now foreclosing. It would seem the lender is attempting to correct the error in the legal description within the foreclosure proceedings. If this is the case, it may be that you need to do nothing, since you were named in the foreclosure for the sole purpose of correcting the discrepancy in the legal description. In other words, you would not be harmed by this correction. Again, not having seen the relevant documents, this is only a guess. A brief consultation with a real estate or foreclosure attorney should help you determine if you need to do anything.
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