Legal Question in Real Estate Law in Indiana

Re: Improper title search by Lawyer

And neither you nor the bank had title insurance? If the attorney failed to obtain either an abstract or title insurance, you certainly would want to file a claim against him. Assuming the attorney you used had malpractice insurance he will turn the matter over to his insurance company, as well as defend himself to the death. If he is no longer representing you then you want the attorney presently representing you to handle the matter. It is difficult to convince an attorney to file a lawsuit against another attorney. If your present counsel is reluctant to do so, call your local bar association for a referral. Sometimes a letter to the attorney will result in a settlement. The attorneys representing you in the matter against the bank and previous owner should want to immediately talk to the attorney who handled the sale/purchase to determine what he did, if anything, that was wrong. That should alert him to the situation. Finally, you might want to start with having the person in your company who dealt with the attorney call him about the problem - especailly if you haven't done so already. Your final remedy is to file a complaint with the disciplinary commission as to what he did wrong. Part of the problem in suing attorneys is that they take it so personally and will, as I said, defend to the death. Thus it becomes time consuming as well as expensive.