We sold our home and the deed was not notarized correctly. The atty now wants us to resign. If we do not agree what will happen? The property is now in foreclosure.

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Originally Posted by sprngtime

We sold our home and the deed was not notarized correctly. The atty now wants us to resign. If we do not agree what will happen? The property is now in foreclosure.

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In every jurisdiction I know if you now refuse to sign (what was the problem with the notary?) the Attorney or Attorneys will get a Court Order either forcing you to sign or allowing someone to sign in your place and stead.

The transaction/contract are not cancelled by a "bad notarization." The argument will be intent and you apparently intended to sell, not Attorney (or notary) error.

When you sold it, how did you sell it? If you sold it under a warranty deed, you agreed to pay any costs invovled in getting the title clear. So if they have to go to court to clear the title, or sue you, guess what you are going to have to pay all of the costs.

Also out of interst what was wrong with the notory ?

The attorney just said he made an error when he notarized it. I was just curious on what would happen if we did not re-sign the deed. The attorney left a message that it would be very expensive for him if we did not sign. Matter of fact we re-signed one last week but they had my name spelled wrong on one line so I am sure we will have to do it again. Thank you both for the information.