How do I sue my bankruptcy lawyer for negligence? what type of an attorney do I contact?

Bankruptcy and Debt 1 views 2 answers
My attorney totally dropped the ball on my bankruptcy even though it has been discharged. He didn't get liens off the property like I requested and now the mortgage company wants a reaffirmation of debt for the house which I am not on the note just on the deed and this should have been done before the bankruptcy was discharged. In addition, I hired a new lawyer and he did get the liens off but now I don't know what do do about the mortgage company?

Attorney Answers

2
E Golden ·
Talk to your new attorney about what to do with the mortgage company. Don't try to communicate with the mortgage company yourself -- as the news shows every day, that's like trying to reason with an angry gorilla. As for the former attorney -- there are lawyers out there who specialize in legal malpractice who can review your case and determine if the harm you suffered rises to the level of a possible lawsuit.
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Mitchell Goldstein ·
First, reaffirming a mortgage is not required. Lawyers do not typically sign them and courts do not typically accept them. Without a reaffirmation agreement, your personal liability on the mortgage was discharged. If you were not on the note, then you had no personal liability to begin with. If you were on the deed, the only way for the mortgage company to have a lien is if you pledged the property as collateral. Whether you can remove the lien depends on a number of factors and depends on the jurisdiction. Talk to your new lawyer for an opinion before doing anything. [This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
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