My seller had an attorney from hell. He lost her power of attorney document (for closing on her behalf), which delayed the closing a week until she sent him a new one from overseas. Then he found the original PoA at closing, buried in his unorganized files... (what a dope) ... but - he'd neglected to schedule the seller's payoff bank at closing. So the closing didn't happen. He wasted everyone's... [more]
My seller had an attorney from hell. He lost her power of attorney document (for closing on her behalf), which delayed the closing a week until she sent him a new one from overseas.
Then he found the original PoA at closing, buried in his unorganized files... (what a dope) ... but - he'd neglected to schedule the seller's payoff bank at closing. So the closing didn't happen.
He wasted everyone's time that day and stressed me and everyone else out a lot. The closing happened the next day though thank goodness.
A few weeks later, the seller's attorney says his client didn't get the remaining 10% from me in a certified check, or the prorated maintenance personal check for the remainder of the month (around $500). Both checks were given to seller's attorney at closing.
Seller's attorney said, it must have got lost in the mail. She is overseas. Seller's attorney borders on incompetent - so, perhaps he sent it to the wrong place.
Closing was around the 10th and seller had already paid maintenance for that month, according to seller's attorney.
Seller's attorney insisted both checks be stopped and reissued ASAP.
I asked the bank if I could stop payment on the checks. The certified couldn't be stopped until 90 days. It cost me $30.00 to stop my personal check. My lawyer advised them of this.
In a few days, seller's attorney then says, good news she found the checks, and by the way, send me a new check for the maintenance.
I asked them to send me the stopped personal check first. They agree. A couple of weeks later, according to the seller's attorney, he neglected to tell the seller this in time, because seller apparently had shredded the personal check, but she took a picture of it? Not sure if it's picture of a shredded check or what, I haven't seen it. He apologized and then said, by the way, send me a new check for the maintenance.
I wanted the personal check back because I understand stopped checks could be cashed after 6 mos.
A new stop has to be placed on it to guarantee it won't be cashed? A stop is only good for 6 mos.
If I send a new check, this leaves me potentially vulnerable to paying twice.
I will already deduct the $30.00 stop payment fee from the check, and will consider deducting an additional $30.00 to stop it again in 6 mos.
Any advice? Should I send a new check? What if they screw up with the second check?
Thanks,
sg
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