Hello all, this is a long one!
Location: Virginia.
My husband and I are in the process of buying our first house in VA. We went under contract for a house in March 2024, with a closing date set for June 2024. The day before closing our title lawyer informed us that we would not be closing yet as there was an issue with the deed, our driveway passes through 2 different people property and an easement needed to be put in place. Me and my realtor have gathered all the paperwork needed from both sides of the easement. For family 1 we contacted their bank and got all of the contracts they needed. My realtor gathered all the information plaques etc. That they had requested and brought everything to the lawyer. Whenever we’d asked for a update we were met with “were waiting on a response” they’d tell us they were supposed to recieve information by certain dates and never update us, when we’d ask they told us “We’re doing everything on our part” so no actual answer on what was happening or what was needed to move forward. For family 2 we waited 2 months for updates about their half of the easement, and were told they dont know how to get in contact with them. We did the research and found their Names and phone numbers. We gave these to said lawyer and recieved no updates, so we called them and they agreed to sign the easement and started communications between their lawyer and ours. We then found out that there was an issue with their lands deed that needed to be squared away before they could sign. My realtor got in touch with their lawyer and got everything needed to square it away. In September ’24 we got early possession of the house. In December ’24 we were informed that family 2s half was completed but no new information on family 1s. In January ’25 our loan expired so we have to wait for the easement before redoing our loan. But no updates from the lawyer. Our realtor had asked multiple times for updates and cost estimates/ cost break down of what was already done which were met with no response. Fast forward to April ’25 our realtor reaches out on our behalf again asking to have a meeting in person about the estimated time frame and go over a cost break down. They responded to this one stating we needed to pay $150 to start the appraisal process for Family 1s bank. They stated they would send a cost sheet for whats been done and an estimate of whats still to come. I paid them the next day and never recieved such break down. Now we’re into September ’25, the seller has talked to another lawyer that basically said that the driveway has been there 60 years before Family 1s bank ever had anything to do with that land and that they can give them 30 days for a response before taking it straight to the judge to sign off on the easement. We hired and paid him and the next day he had talked to the judge and has filed all paperwork with the bank giving them 30 days and giving us essentially a 60 day to close time frame. We have to redo the loan which is now going to cost us an extra 13 thousand dollars. We were displaced for months with small children before getting early possession. And while living here we have been paying the sellers morgage instead of what should have been our own. As well as all the money lost from the beginning of this process; appraisals we’ll need to redo, earnest money that has just been sitting in his account when it could’ve been gaining intrest etc. We have basically been stomewalled for a year and a half. My Realtor and myself have gathered and done any leg work to aquire all documents needed. We would like to just fire him and close with this new lawyer but Im worried about this past lawyer taking out a lien or suing us for something. We dont even know what hes trying to charge us. I guess im curious what i can have in place in case this happens. I know this is a lot, and im sure I forgot or left some stuff out. If you read all of that thank you!
Comments
What does the fee schedule say? What reason did they give for the delay? Were there legal obstacles they faced?