Closing attorney liability for funds disbursement
Asked Mar 1, 2010, 10:09 AM
I just sold my home. Closed on Friday, Jan 29. I had an FHA loan which required satisfying the loan by the first business day of the month, Mon Feb 1, or I would be charged interest for the entire month of Feb. The closing agent (attorney/real estate agent for buyer) assured me that my lender would receive the funds in time. I asked for a wire transfer, he did not do it. He overnighted a check which was received in time on Mon Feb 1, but it was rejected by my lender because it wasn't certified as required according to the payoff statement. They contacted the attorney and he then sent a certified check which was received on Tue Feb 2. I ended up being charged for the entire months interest. Is he liable? He said it is my responsibility to payoff my loan, not his. He won't give me a cent.