I sold a property 4 years ago and was told the closing attorney didn't file the documents in time. Ie: mortgage and new owner with the county etc. I was also told that this is a violation possible legal mal practice. Is this true?
Answer
Your zip code indicates that you are writing from southern NJ. There is a difference in real estate closing procedure between north and south Jersey. In south Jersey, the escrow is normally closed by the title company and the title agent would have filed the documents. I don't know what you mean by "in time". There is no time limit on filing deeds and mortgages. However, there can be liability to a party who is injured by an agent's negligent failure to file such as might occur if a lender is injured because a later mortgage gets priority. Generally, problems of this nature should first be referred to the escrow agent for correction.
See also: http://info.corbettlaw.net/lawguru.htm
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