My question involves real estate located in the State of: NY
I purchased my home in 2003, and I hired a real estate lawyer to represent me. Recently, with the low refi rates available, I refinanced my home. It came about with the bank's title agency that my homes' recorded survey property description is incorrect. The survey map is correct, just the description is wrong. It doesn't describe my property correctly.
I need to get this corrected because, if and when I go to sell my home, a future buyer' lawyer might pick up that the survey description is wrong. Hence, I wont be able to sell my home. I would have thought that my lawyer that would have picked up on this descrepancy.
Isn't it my lawyer's responsibility to fix this issue? After all I paid her to ensure a smooth transaction and respresent me and my interest. I am going to write her a letter showing where the survey description is incorrect and ask her to fix the issue. She should incur any cost involved in fixing this.
Is this course of action reasonable?