Escrowee Releases Himself From Responsibility

[cliu]

Hi,

Our real estate deal fell through due to the buyer not being able to secure a loan. Our attorney, as the escrowee decides he does not want to deal this escrow issue, which rightfully belongs to the seller, as per terms of the contract.

My attorney wanted to relieve himself of being the escrowee and has threatened to deposit the downpayment to the clerk of a court in the New York county. (New York City) How much trouble would this make it for me, as the seller to get it this money? What is the process?

Thanks!

[Mr. Knowitall]

You give very little information. It sounds like you would either end up waiving your claim to the money or litigating over the claim in court (either on your own or with a different lawyer).

[cliu]

How do you litigate the claim on your own? What is the process? Thanks.

[Mr. Knowitall]

Depending upon the amount, you go to small claims court or you start reading the court rules and studying up on how to bring your own lawsuit in a regular trial court.