For small claims court in NC do I sue the business which is a PLLC? Or just the individual working at the office?
We sold a house in March 2017. The closing attorney forgot to record the new survey. The buyer had a lien that attached immediately and now we can't get them to release it to fix the survey and legal description of the property. The new survey was to divide it equally between 2 houses that we own. We found a buyer for the second house but can't sell it until this survey gets fixed. The lien holder has an attorney that will not return any of my calls. Therefore, taking the closing attorney to small claims so he can pay for the mistake he made and caused all this chain reaction.
2 attorney answers
It might be wise for you to get at least some advice from an attorney on this situation. The damages limit in Small Claims Court is $10,000, but it seems like you could possibly be entitled to more given that you are trying to sell a parcel with a house. That may depend on the amount of the lien, too. With respect to the lien itself, mechanics' (construction) liens can be bonded in North Carolina, which removes the lien from your title and allows the sale to go through. You would have to deposit the full amount of the lien (usually be certified check) with the Clerk of Superior Court, accompanied by a document that directs the Clerk to cancel the lien, with the appropriate file number and statutory references. If you bond the lien, that takes care of your first, and most pressing problem so that you can accomplish the goal of selling your real estate.
The second problem is recovering potential damages from the closing attorney. Unfortunately, these mistakes are easy to make and happen sometimes. You may already know this, but the closing attorney does have insurance. It may help to communicate with the closing attorney to see if you can get them to correct the mistakes after you bond the lien.
Again, it is best for you to talk to an attorney about this matter and get the guidance you need to accomplish your goals.
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call your Title Insurance Policy Carrier and ask them to handle it
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