I am sorry about your unfortunate experience. Based on the information you provided, your attorney may not have done anything wrong. We would need more details to make a better a determination. Sometimes times mistakes happen, a mistake is a mistake. The more important question is if there was malpractice or unethical/illegal behavior. The matter would have to be investigated further.
In my 20 years of experience as a real estate agent, I find that most of the time the purchaser's attorney does not order the title report until the purchaser get a mortgage approval from the bank. Having said that, often times there can be a reason why an attorney would want to order the title sooner but is is rare.
I am curious how you came to hire your attorney? In the future, when hiring an attorney to help you with a real estate transaction, keep three things in mind, it is good if your attorney is located in the area where the property is, has some experience and specializes in real estate. If your attorney meets those three criteria, usually you will be in good hands.
If you want to discuss this further or need anything else real estate related, please contact me direct.
Mitchell S. Feldman
Associate Broker/ Director of Sales
Madison Estates & Properties, Inc.
Office: (718) 645-1665/ Cell: (917) 805-0783
Most likely, your attorney ordered the title, not you. I would say, if you didn't sign anything committing you to cover any of these fees, them you shouldn't have to pay. I would probably consult another attorney if I were you.
Senior Loan Officer
STERLING NATIONAL BANK
310 Crossways Park Drive
Woodbury, NY 11797
In New York, paying for the title search is the buyer's expense. Often, the buyer's attorney waits until all contingencies are met before ordering the title search to be sure the transaction will close. Some attorneys do order the title search as soon as the contract is signed to be sure that no time is lost in waiting for the search and resolving any issues it reveals.
Kian Realty NYC
450 7th Avenue
New York, NY 10123
Based on my experience, the buyer's attorney always orders the title report for purchases and bills the client/buyer for searches, surveys, recording fees etc. Typically, all fees including the attorney's are discussed when you retain him/her to represent you.
I'm curious as to why your application was denied. Many of my clients were denied by their first lender, which is usually one of the big-name banks or a credit union. Though great for checking, savings and other financial services, these lenders are typically the most conservative when it comes to mortgages. You should get a second opinion, if you're still interested in the same property or another one. There is no cost or obligation to you. I have extensive experience assisting first time buyers throughout NYC and nearby suburbs to become successful homeowners. For more info or assistance, I can be reached directly at 917.699.0183. Follow me on twitter @mdenniston247.
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Michael Denniston l Cell: (917) 699-0183
Residential Home Funding, Corp.
Licensed Mortgage Loan Originator l Sales Manager
6901 Jericho Turnpike Ste. 219 | Syosset, NY 11791
Main: (516) 605-1733 | Fax: (888) 881-2557
NMLS # 24076 | Company NMLS # 34973
For more listing visit:
Brooklyn Real Property, Inc.
Downtown Brooklyn Office
389 Atlantic Avenue (Bet: Bond & Hoyt Street)
Brooklyn New York 11217
9201 Flatlands Avenue (Corner of East 92 Street)
Brooklyn New York 11236