A federal court refused to dismiss (reg. required) a malpractice action against an attorney representing an out of state bank in a refinance of a first mortgage on a new construction deposit, but who failed to account for the fact that New Jersey law places a lien on new construction in favor of prospective purchasers who have given the builder a deposit.  These deposits are not escrowed, but used to fund construction.

It is important to make sure that all liens are cleared and that no statutory liens have been imposed on any property that you intend to purchase or take a mortgage on.