Complaints

• Initial Complaint

  02/02/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  In 2021 i hire Mr. ***** ******************** *o *ake me *o proba*e cour*. af*er speaking wi*h Mr. ******************** he informed me *ha* i do no* have *o go *o proba*e cour*. So when i received *he affidavi* heirship papers. I emailed *hem *o *he mor*gage company *hey did no* accep* *he papers. *ha*'s no* wha* I needed. i needed a le**er wi*h my s*a*es guide lines for *aking over ownership for *he house. i called Mr. ******************** back and informed him of *ha* he replied back i don" * need i*. He *old me *o jus* pay *he mor*gage and *ax's so i don'* lose *he house. when i called *he mor*gage company back *o see if *he house had insurance and how much more i owned on *he house. *hey would no* *ell me any *hing because i was no* *he owner. *hey *old me *ha* was no* *he righ* informa*ion . Asked me if i wen* *o proba*e cour*. i *old *hem no and *hey *old me i needed *o go *o proba*e cour*. So found ano*her lawyer and he *old me i need *o go *o proba*e cour*. so paid ano*her lawyer *o *ake me *o proba*e cour*. i believe i paid Mr .******************** almos* $2,000.00. I feel he should repay me my money back. Because he did no* do *he righ* *hing or pay me back *he money i had *o pay *he o*her lawyer for *aking me *o proba*e cour*. *hank you.******************************* ************ ***************************

  

  Business response

  02/06/2023

  Dear Sir or Madam,
  
  I have been practicing probate law for over 23 years.  While ******** law does not recognize specialization, this has been my primary focus of practice since law school.
  
  By way of overview, ******** law states that absent a probate case, title to a property vests in the heirs.  An affidavit of heirship is document, similar in appearance to a deed, that gets filed in the public record indicating that a property owner has died and it lists the heirs. The heirs are automatically in title.
  
  The technique of using this simple filing helps ******** consumers avoid costly probate proceedings. Probate cases cast at least $5,000 for our firm as they involve several court filing.  At any one time, our firm works on over 40 probate cases.  However,for an Affidavit of Title, we only charged **************** $950 (not $2,000) for title review, preparing of the Affidavit of Heirship; and filing it in the public record. 
  
  Here is further support of the common use of Affidavit of Heirship from a posting on ATG Title Companys website: On March 15, 2019,Judge ****************************** entered summary judgment in favor of the ************* ***************** in its suit against the Cook County Recorder of Deeds,ordering the Recorder to accept for recording "...deeds, affidavits, and other instruments relating to or affecting title to real estate in the State of ******** that refer or relate to heirs and heirship (including, but not limited to, deeds in which the grantor or grantee is referred to as an heir,descendant, legatee, or similar designation, and documents titled 'Affidavit of Heirship' or 'Affidavit of Survivorship') without first requiring the recording party to prove heirship or establish the right to record the subject instrument by judicial proceedings, entry of an order of court, or otherwise."
  
  I cannot force institutions, such as Mr. *********** to follow the law.  I have had several other cases where the Affidavit of Heirship have worked.  It would be more profitable for me pursue probate in cases such as **************** case, but our firm operates with integrity.  We look for the easiest and least expensive option for our clients.
  
  I regret that **************** had a mortgage company that did not honor ******** law.  However,that is not a basis for our firm to admit wrongdoing.  Nor do I believe it would be fair to change our protocols for clients similarly situated as ***************** since his case is more an issue with this particular lender than it is with the process we used.
  
  If you have questions, please call me at ************.
  
  Regards,

  Mario Correa

  Customer response

  02/13/2023

   
  Complaint: 18969089
  
  I am rejecting this response because:
  
  Sincerely,
  
  *******************************

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