What to do if I sold a secondary home but later discovered the bank paid off my primary residence by mistake and I’m now being sued for unjust enrichment?

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What to do if I sold a secondary home but later discovered the bank paid off my primary residence by mistake and I’m now being sued for unjust enrichment?

Now, 3 weeks after closing I discovered bank paid off my primary home and not the home I sold (both mortgages held by the samelender). Broker reversed payoff on primary residence but rather than applying to my secondary home, she put the money in a non-interest bearing account and said that I was overpaid at the closing by nearly $8k. I ended up paying mortgages on the secondary home for 4 months before she corrected her mistake, now I’m being sued for unjust enrichment. I have asked her to get the money back I paid on a house I sold in order for me to pay them what I was overpaid at closing.

Asked on July 4, 2012 under Real Estate Law, West Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is time for you to retain legal counsel to help you in this matter.  Why the broker made that determination is unsettling and her "mistake" cost you big time.  Ask the attorney not only about the present unjust enrichment claim but about going after the broker under their professional liability policy.  Good luck.


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