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Attorneys obtained summary judgment on behalf of a real estate closing attorney who conducted a residential closing for a refinance of the marital home in connection with a divorce settlement

Attorneys obtained summary judgment on behalf of a real estate closing attorney who conducted a residential closing for a refinance of the marital home in connection with a divorce settlement. Plaintiff claimed that defendant forced him to sign a mortgage at the closing which led to him being named in a foreclosure complaint. Defense attorneys successfully argued that it was proper for the plaintiff to sign the mortgage note since he retained a marital interest in the property until such time when he was paid his proceeds pursuant to the divorce settlement agreement. Furthermore, summary judgment was granted as to the crossclaims of the co-defendants since the court found that defendant's statements to the plaintiff did not constitute a misrepresentation upon which the co-defendants detrimentally relied, as is required to sustain a claim of legal malpractice brought by a non-client.

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