My ex wife and I bought a home from her mother that I put a lot of work into rehabbing. I agreed to let her have that home which is now 200 miles away from me in the divorce proceedings through a lawyer in her area. The divorce decree states I am free of any rights to or liens on that home. My attorney did not inform me that the decree itself did not remove me from the mortgage debt. Recently I tried to get lian preapproval to purchase a home for my fiancee and I (two years passed since divorce). I found out that my name is still attached to the old mortgage and my ex wife is about to go through short sale or foreclosure which reflects on my credit and ruins it. My attorney never told me my ex wife needed to refinance the home to remove my name. The ex wife didnt refinance because she didn't want to spend $600. I feel my attorney acted negligently on my behalf and cost me years of financial distress, including yhe ability to advance my career and own property. Do I have any chance of winning a malpractice lawsuit? If nit, is there anything else I can do?
1 Answer from Attorneys
You may have a viable claim against the attorney that represented you in that matter. However, the time to bring suit is very short. I suggest that you consult deftly with a malpractice attorney, in your area, as soon as you can. Many offer a free or low cost initial consultation. Gather what documents that you can, and go see one soon. You might also discuss this matter with the Bar Association.
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