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If there is a forged deed can I request copies from the title company. If both attorneys refuse to show me.

Newark, NJ |

Can I request a copy of all closing documents from the title company . If they would not give me a copy of the Hud - 1 . As well as I have not received my funds from a closing that had taken place . I requested this from both attorneys they refuse to show me .

I was the seller. I was wondering if I could get them from the title company. If I request them will they release them? My attorney did not attend and said he has no copies of them. HE said to try the title company. He is not involved any longer.

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Attorney answers 3

Best Answer
Posted

It depends.

If you were not the buyer or the seller, then you have no "right" to see the documents. You will see the deed once it is filed and becomes a public document.

If you were the buyer or the seller, then you do have a right to see the documents and your attorney has no right to withhold the documents from you.

If you were a third party beneficiary, for example an heir, then the attorney may have represented the estate and not you directly. In that case, you may not have a right to see his transaction file because his "client" was the estate. You would only get access if you challenge the transaction in court and seek discovery of the closing documents.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Asker

Posted

I was the seller he said he does not have them . I thought I may be able to request them myself. He told me to call them because he did not go to the closing.

Michael T Millar

Michael T Millar

Posted

Your attorney would have prepared certain documents including the deed, seller's affidavit of title, realty tax form, and would have received and approved the HUD/RESPA statement prepared by the buyer. He should have copies of those documents regardless of whether he attended the closing in person or not.

Asker

Posted

How about my realtor. She was the orchestrator with this whole transaction. Do I have a CFA or some recourse against her she represented me and stayed on the buyers and the buyers attorneys side including the bank . She also threatened me. I have emails with the buyers attorney will send me a letter. If I do not drop the garage key off to a closing I did not attend. She did that in several times.

Michael T Millar

Michael T Millar

Posted

The realtor would not receive any documents at closing except for the HUD/RESPA closing statement.

Asker

Posted

I got the Hud-1 It was the wrong amount. Is the RESPA the same document . My realtor refused to go over it. As well as told me she is tired of me as well. She was very rude all threw this transaction.

Posted

I agree with Mr. Millar. Understanding your specific role in the transaction is necessary for an attorney to give advice. I recommend you contact a real estate attorney to discuss your case.

Disclaimer: For a free consultation contact me directly at 973-519-0196 or adam.lefkowitz.esq@gmail.com. If this answer was helpful, please mark it as helpful or as a best answer. Answering questions on avvo.com does not create an attorney-client relationship. You are strongly encouraged to seek and retain your own counsel. Information and answers posted to this website are for general informational purposes only.

Asker

Posted

I want to verify the bank transfer etc. My old attorney said they ere not there and if I would like to call the title company for help. Do they have to release them?

Posted

I agree with counsel. Once the deed is recorded with the county clerk it is public record and you will be able to obtain a copy. Otherwise absent a Subpeona or a direct relationship to the transaction you have no right to require the title company or attorneys to provide you with the closing documents. Good luck.

The previous information is solely for informational purposes only. If you have further questions, please contact an attorney in your area for more specific answers. Responding to your question in no way creates an attorney/client relationship, and none of the specific guarantees of privacy exist. If you have found this information helpful, kindly check the "helpful" box. NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.

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