Has anyone in GA experienced delays in closing foreclosures caused by attorneys not completing files on time?

Asked by Jamie Floyd, Gainesville, GA Thu Jan 1, 2009

I have been trying to get a simple road maintenance agreement drawn up by the banks attorney since mid November. (closing was to be 11/24/08) After a daily request for the document, we were told they were too busy to prepare the agreement during the busy, last 2 weeks of the year. Basically they would get to it when they had time. The asset manager finally stepped in on DEC 22, and the attorney finally prepared it. (incorrectly and the neighbor refused to sign it) We have to change the form to satisfy the neighbor and again, they will get to it when the get to it. The bank refused our request to change attorneys. My buyer is ready to walk and I am hoping to get compensation for her if she holds on. Any advice??

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Jeff Harper, Agent, Alpharetta, GA
Mon Apr 19, 2010
That sounds like a difficult situation. Is the transaction closed yet? If so, congrats! If not, then perhaps you should go higher on the chain of command at the attorney's office. The person who should be helping you get the contract to closing is not doing his or her job. I have been in a similar situation and eventually was forced to speak with the person's boss about the lack of service. Your buyer will most likely not get any compensation for waiting, although they probably deserve it!
0 votes
x, , Flowery Branch, GA
Thu Apr 15, 2010
the biggest delay we have had in regard to attorney's is that the foreclosure attorney never filed the foreclosure deed. That will cause delays.
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Hank Miller, Agent, Alpharetta, GA
Thu Jan 1, 2009
The last month (Dec) was trip with everyone cramming for closing biz in 08, we had three shorts closing - one on the 30th and one at 3 pm on the 31st. While they are busy, no more so than when it was rolling in the 05-06 time frame. I think the issue is staff cutbacks - no there are few lawyers as the work load spiked.

Push for a different attorney.

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Joshua Jarvis, Agent, Duluth, GA
Thu Jan 1, 2009
You could propose to the asset manager to get another attorney involved. In fact, you might call in a favor from YOUR attorney to call the asset manager. Remember, the asset managers are underpaid and overworked and sometimes outside of their skill set. A call from an attorney (on behalf of the buyer) might cause them to move a little quicker.


You could just close with YOUR attorney and try to get it from the asset manager. If you do it right, YOUR attorney might just pick up a new client. (The Bank)
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