Here is my post to the poster who claims to be a former lawyer and after a hodge podge of rambling posts, as I said, to and fro
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Scionanist seemed to ask you if Petar altered a check. A take it your answer was no. It's funny how certain people want to make claims that asssssume the worst case scenario.
I'm trying to figure out exactly what the claim is. Tell me if I am wrong. I also apologize in advance if I am mis-stating anything that you posted, but this is what I am taking from your posts:
It seems that you were a r/e closing attorney and you received funds from a 3d party to pay off loans. Is that correct? Once you got word from the bank that there were good funds, you decided to give Petar a check despite the fact that your specific instructions (as you relate) were to only give him any money that was left over, I assume, after paying off the mortgage debt.
This would make sense as it sounds like he was the equity owner and would only receive funds after mortgagees and lien holders were paid in full. Typically a closing attorney has a fiduciary duty to all parties to make sure that all debts are paid before the owner of the equity gets any funds, am I correct there?
So, it seems you are saying that the check was no good. What was the reason that this was so? Was it NSF? Was it because the check was "stopped?" Was it an attorney escrow check or was it a bank check or even a certified check? Did you have recourse against the bank?
Again, none of us know the facts and the leading questions to you in the other posts make this very, very clear. I don't know the facts and appreciate your relating them here. It seems that your primary "beef" is with the party that drew the check. Did that party claim a set-off or reason for the check not being honored? What was that party's defense or was that party without funds? Did you try to recover from the bank? Your rights would depend on what type of check, as I previously asked.
Just as an aside, I'm sure you have written documentation of your claims, the check, correspondence, notes even? I'm sure one of the regular residents of this board will tell you how to take a snap shot and have it show here. That would likely answer a lot of questions that readers have here with respect to your very serious claims.
So, getting back to the "story," and correct me if I am wrong, but it seems you are saying that you gave Petar a check, even though your instructions were to give him only what was left after you paid off all mortgage debt. When the check proved not to be good, or insufficient, you looked to Petar to get back the check you gave him. If that is the case, and if everything is as I have assumed, it would seem that Petar would owe you the funds, unless he had some claim against you. Did he claim to have an offset or counterclaim against you?
Furthermore, what you have detailed so far would amount to a civil claim for relief and subject to all typical defenses. What you are saying does not seem to be fraud, criminal or anything similar, despite the good intentions of scionanist and crew to claim this. Again, specific facts would be appreciated if I am reading your posts incorrectly. But, if you have a civil claim against Petar, why have you not pursued it? Why have you not pursued any civil claims against the drawer of the check?
If it is a civil claim against Petar, then it would have only marginal relevance to SLJB. Are you claiming that your representation had any relationship to SLJB? Of course, bashers always look for anything to bash anyone connected to a company and that is their right. However, the facts you have given so far, do not appear to make out anything other than a civil action and most of us probably have had disputes with lawyers or with lenders or with banks. So we can all relate and sympathize with you.
Now, as to your own resignation from the Bar, what you have related so far would not seem to be grounds for disbarrment. You relied on a bank's word. It seems that here is something missing in your posts that would complete this story.
Did you have specific instructions to give Petar the balance only after the debts were paid? Were you aware of the fiduciary duty of closing attorneys in local practice in your area? What did you think your duty was with respect to those funds? Was the problem that caused you to resign your decision to pay Petar ahead of and perhaps in violation of these instructions (and which is the typical duty of a closing attorney) to make sure that all mortgagees (and liens) are paid? As it was your decision to resign from the bar, perhaps you would shed light as to why you thought you did something for which the local bar association might likely disbar you from the practice of law?
Quite frankly, from what you have given us so far, it seems that Petar would owe you money. The drawer of the check might owe you money. The bank might owe you money. The mortgagees might owe you money. But, you haven't detailed the reason that you resigned from the Bar. You haven't detailed any claim for civil fraud against Petar, let alone, criminal activity.
I look forward to seeing further details. This post is only a request for information and my opinions are based solely on what you posted, which leaves more questions unanswered than answered.
Thank you. |
