AboutPaul D. Friedman, M.A., Ph.D., J.D. Expertise I am a licensed attorney and Judge Pro Tempore who has conducted and been involved in hundreds of mediations and thousands of arbitrations. I can answer questions regarding settlement conferences, mediations or arbitrations. I do not give legal advice over the internet and it would be helpful to list your location such as country or state.
Experience I am a licensed attorney, Judge Pro Tempore and adjunct professor.
Experience in the area I have been a licensed attorney since 1989 and a Judge Pro Tempore since 2005. Additionally, I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics
Organizations State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court American Bar Association National Board of Trial Advocacy
American Association for Justice Arizona Trial Lawyers Association
American Society for Bioethics and Humanities Kennedy Institute of Ethics National Association of Realtors
Education/Credentials Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004 Doctorate of Philosphy 2006
Awards and Honors Phi Beta Kappa
Multiple Who's Who
Publications A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
Question I applied to refinance my home and take some cash out to get some contruction projects finished. The loan closed and I was notified I would receive a larger sum that I had expected. When I called my mortgage agent, I received an explanation that was legitimate so I didn't worry about it. When I looked at the figures from the mortgage co. that I had signed and compared to the closing statement mailed to me from the title co. there was a discrepancy in the figures. The biggest was the payoff of my original loan. There was 20K$ difference from what they should have paid and what they did pay. This resulted in a short payoff which my mortgage co refused. After they asked me for the money back, which I refused to do, the title co. eventually paid my mortgage and I have a new mortgage. But now they're sueing me to recoup their loss.
My question, if you can answer it, is: How can the title co make such a stupid mistake and then expect me to pay? I have been served in a lawsuit but it seems like we're having a meeting ie:mediation. I am seeking legal counsel, but my appointment isnt until next week. I just thot you might be able to shed some light on my options, or give me some insight. I realize you are not able to give me legal advice, but maybe some good advice none the less.
Thanks in advance.
Answer John,
Generally, you sign an indemnification provision with the title company. Your refusal to pay the amount is a breach of contract and they can then sue you pursuant to indemnification of their payment to the mortgage company.
My advice would be for you to speak to an attorney and plan on paying back the money. You may also be obligated to pay for the title company's attorney's fees. Your attorney can negotiate possibly a smaller amount or for you not to pay for their attorney's fees.
