Q: a litigation involving significant drafting errors in a mortgage/property note,would fall under contract or real estate?
A:
It sounds like it would fall under both categories. Real Property issues and mortgage/finance issues almost always go together. If the drafting errors were bad enough to alter the terms of the mortgage/contract or note, then the party or parties responsible for the errors should be the ones at fault. If you are the plaintiff and the papers were drafted by the defendant (such as a broker, realtor, agent, mortgage company, Title Co., etc., then they would be at fault. I am both a licensed attorney and a licensed real estate broker. In what Court is your litigation going on?
Tom Grossan
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