Legal Question in Legal Malpractice in New York

As part of my divorce decree, I have signed a deed, giving away my shared ownership and rights on our apartment to my ex. Yet, I realize now that I am still liable and responsible for the large mortgage. As a result, I am unable to secure any bank loan of my own. Apparently, my matrimony lawyer who represented me in this case and carefully worked on the final agreement, has neglected to mention in the decree that my ex must ensure the removal of my name from the mortgage by either selling the property or by refinancing. I now have to face high litigation costs in order to have a judge legally solve this issue.

My question: could the fact that my lawyer has neglected to cover the mortgage issue in my divorce decree be considered as malpractice? Was the fact that I have walked away from my marriage with a huge mortgage on a property I no longer own, my lawyer's fault? Was it my lawyer's full responsibility to ensure in our final decree, that as part of our agreement, my name would be removed from the mortgage?

Thank you!


Asked on 5/25/10, 7:59 am

1 Answer from Attorneys



Related Questions & Answers

More Legal Malpractice Law questions and answers in New York