California | Legal Malpractice
Legal Question
I filed a chapter 7 bankruptcy in 2008 and my attorney at that time failed to file the Homestead on my house which was quickly challenged by the Trustee. The case went to the 9th Circuit Court of Appeals and fortunately was ruled in our favor but cost me ~$25,000 in legal fees, thousands in late fees/penalties to subcontractors as well as the bank who was carrying our construction loan. ~$10,000 of the legal fees are from the original attorney that was negligent. I have not paid his bill and he has since filed a lien on my house preventing me from gaining clear title. I spoke with a malpractice attorney who said the attorney was clearly at fault but the damages (now that I did not loose the house equity) are not large enough to justify a case. I am therefore left in a position where I cannot gain title insurance on my home but seem to have no options to clear this mess up? Any suggestions?


