Property Q&A in Chicago>Question Details

Carmen Malave, Home Buyer in Chicago, IL

How can I get a court order to have an attorney release escrow money he's holding on behalf of his client,?

Asked by Carmen Malave, Chicago, IL Sat Mar 14, 2009

his client is no where to be found and has being four years since i did the closing.

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Answers

3
It depends on how the contract classifies the "earnest money." It's not hard to do, but depending on the amount of money, it may cost more money to get it back.

The information in this answer is general information and is not intended as legal advice, nor do I intend to create an attorney-client relationship with any reader by answering this question or otherwise contributing as a member of Trulia.com.
Web Reference: http://www.ranjmohip.com
2 votes Thank Flag Link Tue Apr 19, 2011
Hi Carmen,

The question is a good one, but too nebulous to answer specifically.

Were you the seller or buyer for the property?

Why was the money being held in escrow?

Were the conditions for releasing the money met?

Have you been trying for 4 years to claim the money?

Filing a court order may or may not help you -- depending upon the answers to the questions above.

In some cases, the costs to recover the money may be more than the actual monies being held.

If you are willing to expand on the question, perhaps we can help you more specifically.
1 vote Thank Flag Link Mon Mar 16, 2009
Confer with an attorney file a petition. What are the state law regarding issue you might research prior speaking with an attorney. If money is within small claims court you might be able file action there without going to district court.

Did you contact attorney who is holding money? Send a certfied letter demanding the money .

Good luck

Lynn911 ~
National Featured Realtor and Consultant, Lecturer regarding Credit Repair, Mortgage Loan Officer
Web Reference: http://www.lynn911.com
1 vote Thank Flag Link Sat Mar 14, 2009
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