QUESTION
Who should receive my mortgage payment?
Asked on Aug 23rd, 2012 on Residential Real Estate - South Carolina
More details to this question:
BB&T approved me for refinancing at a lower rate than my current mortgage lender (21st century Mortgage). I closed on July 26 with an attorney whom BB&T referred me to. August 13, 21st Century contacted me for a payment. Upon explaining that my mortgage was now with BB&T, they indicated they never got the payoff from the bank.
According to BB&T, the attorney who oversaw the closing alleges to have given the certified check from BB&T to his office manager to be mailed via UPS. To date it has been confirmed that no such mailing took place. Noone knows where the certified check is, the lawyer is currently suspended all files seized, and his offices closed for a year for another matter. Both BB&T and 21st Century have indicated that I am still obligated to pay them and both are requesting a mortgage payment.
1 ANSWER
This is a sad state of affairs for you. As a lawyer who is an officer of the SC Courts, it is regrettable and though an apology from a member of the Bar will not correct your dilemma, I nonetheless apologize for all of us who diligently practice and protect our clients. Under the Rules of Professional Responsibility if a lawyer is suspended, even temporarily, a member of the bar is appointed by the Supreme Court to marshall the suspended lawyer's files and provide them upon request to the clients of the suspended lawyer. You should contact the Office of Disciplinary Counsel in Columbia, and find out who is in charge of the suspended lawyer's files. You can hire a lawyer now or after you retrieve the file but you need to retain a trial lawyer to help you through this unfortunate mess in which you find yourself.
Please note this reply does not create nor should it be construed to create an attorney client relationship. Best of luck to you; I hope you achieve a successful remedy.
Answered on Aug 24th, 2012 at 9:25 AM