Legal Question in Legal Malpractice in Michigan
our house was in sherriff sale
I hired an Attorney in January 2007 to represent us in a Chapter 13, I had lost my job and my husbands hours were cut our income was down 800 a week, We was trying to save our home from a Sheriff Sale. Our Attorney didnt get the Chapter 13 filed in time she had 2 months we found out our house went to sheriff sale. the Attorney was paid in full in February 07 and she claims there computer was down and she couldnt file anything the only thing we can do is refinance our home. We can not refiance because there is not enough equity in our house were in a 6 month redemption period now and wanting to hire an attorney to file a legal malpractice suit
2 Answers from Attorneys
Re: our house was in sherriff sale
Yes, if it was indeed her fault that the filing was not done in a timely manner, then you probably have a valid claim.
Even so, you might want to mediate it with her to see what sort of resolution would work better.
She might be willing to pay for someone else to set things right, rather than have to go through either a grievance (which might send you to mediation, at least to try anyway) or litigation.
Re: our house was in sherriff sale
When did you finish paying the lawyer to file the case? Was it two months before the sale? Or did you first see the lawyer two months before the sale? The lawyer may claim that you did not pay her in time. Also, you may not have any damages. What was your equity in the home? If you had zero equity in the home then there is no economic loss as the result of the sale. If you wish to discuss this with me further, feel free to give me a call. William S. Stern
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