Litigation - for Heirs and for Claimants

Fiduciary Litigation - Unreleased Prior Mortgage at Refinancing
Successfully represented husband and wife who refinanced home, where the loan company failed to pay off the old mortgage loan with the proceeds of the new mortgage loan. Obtained summary judgment that loan company was the agent of old mortgage holder, for purpose of receiving the first mortgage pay off. Therefore, collection of the loan proceeds at closing by the closing agent was held to be payment to the holder of the old mortgage. Old mortgage holder ordered to release old mortgage lien and to pay attorney fees for failure to timely release old mortgage lien.