Legal Question in Legal Malpractice in Florida

My husband and I borrowed $700,000 in the US to build a vacation rental property in another country. We borrowed the money against the equity we had in a commercial building we jointly own. Years later we divorced. He wanted the vacation rental property and offered me a buy out price for my half. I accepted and signed the property over to him. A promissory note was set up to pay me interest only on the buy out price, with the buy out price amount due in 5 years. My ex-husband owns the vacation rental property free and clear, since the loan to build it was on the US property. He gets all of the income from the bookings. But, I am still paying half of the loan of the commercial property in the US, that is really the mortgage for the vacation property. What I am paying for the interest only commercial loan is more than i am receiving on the interest only Promissory Note. Our financial attorney, representing both of us, didn't suggest an agreement that would make the finanial situatioin more equal, and the light didn't come on for me until after the divorce was final. (I had just lost my son in a car accident, so my mind was not sharp at the time). Do I have a legitimate complaint against our financial attorney for not representing us equally?

Asked on 10/29/16, 6:03 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

the time to question the agreement was before you signed. you don't mention how long ago this occurred. the statute of limitations on legal malpractice claims is 2 years from the date you knew or should have known of the action causing damage.

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Answered on 10/30/16, 12:00 pm
Steven Meyer CPLS, P.A.

You might have a claim, but an attorney would need to hear more facts. These are very difficult claims to pursue. You are welcome to contact us directly to review your issues.

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Answered on 10/30/16, 2:04 pm

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