I had a real estate closing in NY in Dec. 2005. I do not have record of the checks that were disbursed. I believe all monies due were not paid.

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I had a real estate closing in NY in Dec. 2005. I do not have record of the checks that were disbursed. I believe all monies due were not paid.

Do I have the right to ask my attorney to provide to me copies of all cancelled checks? I anticipate he will be unwilling to do so. I closed in Dec., 2005 – Two years later, he said there was an undisclosed amount in escrow, but he wouldn’t tell me the dollar amount until I sent an agreement that there would be no more interest in the escrow account. I had lost my job at the time, was distraught, and very bad at record keeping. I cannot account for the funds that were coming, and would like to ensure that he sent all of the monies due. Is he obligated to provide copies of cancelled checks to me?

Asked on June 22, 2009 under Real Estate Law, Florida

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your lawyer should have copies of all the checks that were cut in his file.  You have the right to go to the lawyer's office to obtain your file, especially for your own business records and record keeping needs.  If you lawyer will not give you copies of the checks as you are requesting, then you need to hire a lawyer to write this lawyer a letter demanding your file.  If the lawyer refuses, then I suggest that you make a complaint to the bar in the state that your lawyer is practicing law and provide the grievance committee with a detailed history of what happened here and the basis that you want your file.  Enclose the letter that you have the lawyer write to the lawyer that wont produce your file.


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