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Brouillard & Brouillard

16 Academy St, Laconia, New Hampshire, United States, 03246-3603

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We are choosing contract issues, but believe it's much more than that. My husband and I bought our house in cash in 2016 and went through Attorney Philip B to help us with making sure everything was done right and legally since we didn't go through a bank for a mortgage. He did the Deed and HUD settlement. Well now, we're in the process of selling and were supposed to close 8/14/20 ( tomorrow) and now we can't because there is a Mortgage Lien from year 1999 from one of the previous owners. The banks Lawyers did a title search a few weeks ago and found this and we obviously had no idea what it was. We never heard of a Title Search before. The banks Lawyer, our park owner that were currently buying a house from, our loan officer and another ;lawyer were trying to reach all said by law you're supposed to have a title search done. Now, with not closing we're about to lose everything because of this title search that wasn't done. The lawyer will not give us his errors and omissions information to get this problem rectified and told us he cant deal with us right now and hung up the phone. SO due to him not doing his job, I'm going to lose the house we are currently in, if this Lien doesn't get discharged properly, we are going to lose the house we are buying because the contract expires tomorrow 8/14/20. We are nervous and extremely upset because we went to a lawyer to make sure everything was done right and to help us because this was our first time buying a house and we had no idea how to go about it. and now we're about to lose it all because of his error. This is now affecting our mental and physical health with all the upset and uncertainty this has caused our family.

Desired Outcome

Other (requires explanation) He didn't help us and I dont want to pay him for his services. He charges us a large amount and we feel the service we received was unfair, because he never did a title search. Can a mortgage lien remain outstanding for 21 years? Is there not time frame where this gets removed from the record?

Brouillard & Brouillard Response • Aug 18, 2020

The information provided to Revdex.com was grossly incorrect. I did not represent ***, nor his wife in 2016. I represented the Seller, ***. I prepared the deed at her request (Exhibit A). On the deed, the last paragraph from information supplied by the Grantors herein and the preparer has conducted no independent title examination. " I handled the closing on behalf on ***. I did not represent *** nor his wife. Neither of them requested a title search. I performed no title search. I only undertook representation of the ***s' in June 2020 when Mr. called and had an office conference with me and asked me to prepare a deed for the selling transaction to his buyer, which I did, (Exhibit B). On the deed the last paragraph states" This deed was prepared from information supplied by grantors herein and the preparer has conducted no independent title search. I have never been requested to, nor have I performed a title search on the property.I did not have any involvement in the sale of their existing home except as noted above. I did not have any involvement in the purchase of their new home. Their Buyer obtained a mortgage and the lender required a title examination and it was at that point in time that an undischarged mortgage on the property existed. Mr. called and asked if I could assist him in resolving the matter. I did research in the Belknap County Registry of Deeds and found an undischarged mortgage on the property from the *** from Cenlar FSB. I prepared an information package with explanatory letter and proposed Dischage requesting Cenlar to execute and mail back to us for recording purposes. We have called, faxed, over-nighted and also reached out through facebook messenger to no avail with no response (Exhibit C). The following deeds given with the Warranty Covenants guaranteeing clear title were all given and recorded without any involvement of Brouillard & Brouillard, PLLC, *** to *** 2/26/2012 at Book 2761, Page 954 (Exhibit D).*** to *** 2/26/2012 Book 2761, Page 955 (Exhibit E), *** to *** 6/1/2016 Book 3041, Page 306 (Exhibit F), *** to *** 7/20/2016 Book 3047, Page 139 (Exhibit F). Brouillard & Brouillard has been aggressively and continually attempting on behalf of the ***s' to obtain a Discharge for this old mortgage which was presumably paid off in 2012 on the *** to *** transaction, (Exhibit D). Our thanks for all our efforts is this unjustified and factually incorrect Revdex.com complaint. Under the circumstances, Brouillard & Brouillard, PLLC has no choice but to discontinue all efforts to resolve this matter and obtain a mortgage discharge. Also, important to note, we have no client fee agreement nor have the ***s' paid Brouillard & Brouillard, PLLC any funds for any of the services provided to date.

Customer Response • Aug 19, 2020

(The consumer indicated he/she DID NOT accept the response from the business.)
We've talked to a handful of other attorneys and they've all told us by law a title search needs to be regardless and that's what you go to a lawyer for. To help you with what you don't know and guide you to get things done right And legally. He also didn't give us his errors and omissions. He refused, yelled at my husband with unprofessional attitude and hung up the phone. Bottom line, what he said and did was not professional and we told he broke the law and something needs to be done about it to protect others from going through what we are right now.

Brouillard & Brouillard Response • Aug 21, 2020

As previously stated, the information provided to Revdex.com is grossly incorrect. I did not represent ***, nor his wife in 2016. There is no State law requiring a title search, although lenders perform them. *** purchased for cash and did not request a title search in 2016. As stated Brouillard & Brouillard, PLLC must discontinue all efforts to assist *** due to this complaint and will waive any fees due from *** for any services to date. Thus, this complaint should be resolved as ***s' desired settlement is achieved.

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Address: 16 Academy St, Laconia, New Hampshire, United States, 03246-3603

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