Personal Bankruptcy Filed Chpt 7, Lawyer didn't advise Deed In Lieu of to avoid HOA DUEs Now being sued

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kimbev69

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my husband and i got married 10/07, had his townhome on the market from 06 until 2010 when after 1 failed short sale company, 2 failed lawyers lost us our buyer that hung in there for over 2 yrs...we paid all bills until it seemed pointless, at the same time paying our own household bills in my home where we lived. renting it out caused more problems than it helped all the while we were using credit cards for food, gas, utilities pretty often.

to avoid foreclosure we sat down with a bankruptcy attorney and explained to her that we didn't want a foreclosure on either of our credit histories and wanted to know what best to do. We asked if only my husband could go bankrupt and if that would be the best thing and she confirmed it would be. She did state that up until the bankruptcy the HOA could charge us fees which the total was $1750 at the time the bankruptcy was filed. she recommended putting them on the bankruptcy anyway, but again did state that up until the bankruptcy is filed we may have to pay those fees.

We are being sued for over $6000 now, for accelerated fees for the year 2011, the bankruptcy was discharged 9/2010. I called her and she is now insisting that she told us that we should do a "deed in lieu" on the mortgage to get it out of our names. THIS IS NOT TRUE!!! never happened, we were very specific in our reasons for filing bankruptcy and because neither of us are legal experts we went to a so called profressional. I need to know what we can do about this.

We spoke to someone else and the first thing they said is well any attorney would tell you a deed in lieu of needed to be done first .. and that putting a mortgage on a bankruptcy is not going to keep it out of foreclosure in your name. well this was not told to us at all, now we have to pay a new attorney who will do that for us and answer the lawsuit.

My question is how can i sue my original attorney for malpractice? how do i go about filing a complaint with the bar association. Not only did she say she told us this..which makes absolutely no sense...we would have had her do that we already paid her $2000 for the bankruptcy. We only had $20K in credit card debt under my husbands name and would not have gone bankrupt if it wasn't going to get rid of the mortgage.
 
Attorney Discipline

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Lawyers who commit unethical conduct in this state are subject to discipline by the Supreme Court. Such discipline can range from an admonition, the least serious discipline, to a reprimand, censure, suspension from practice, or permanent disbarment from practice. The "Attorney Discipline" page describes the process. The attorney disciplinary process is usually begun by the filing of an Attorney Grievance form with the Secretary of one of the Supreme Court's 18 district ethics committees. To contact a district ethics committee Secretary call the tollfree Ethics/Fee Arbitration Hotline at 1-(800)-406-8594. Be prepared to provide the five digit zip code of the attorney's address.

If you have Acrobat Reader, you may print an Attorney Grievance Form. Send the original and two (2) copies to the district secretary where the attorney has an office for practice.


In your state, NJ, this is where one goes to file a complaint against an attorney.

http://www.judiciary.state.nj.us/oae/atty_disc/atty_disc.htm

http://www.judiciary.state.nj.us/oae/index.htm
 
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thank you

In your state, NJ, this is where one goes to file a complaint against an attorney.


thank you so much for the information. in these times..we can't afford to pay a lawyer to fix the problem that the last lawyer was supposed to fix for us..i just wish i knew about having to do the Deed In Leiu of before the bankruptcy...but that is what we hired her for..her expertise...

thank you again for pointing me in the right direction
 
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