I am wondering if my attorneys have possibly commited malpractice with regards to my case.
I purchased a home at a buy down interest rate. The first 2 yrs all payment coupons the same as amt on Truth In Lending Disclosure. 3rd yr the payments are much higher than Truth In Lending Disclosure. I contact mtg co and they say sorry, send payment on TIL and we will correct. They did not and they would not accept my payments for 3 months. To make a long story not as long as it is, they filed foreclosure. I obtained an atty who filed a countersuit. I ask over and over to get this settled. My atty suggests we just refinance payoff amt. Yet he never gives me the payoff amt to refiance. This case started in 1999. In August 2005 my attorney dies. He is with a huge well known law firm. I am not notified of his death until Dec 2005 when an atty from his firm calls me and tells me he now has the case and he needs to settle it in a week as he is leaving practice. I again ask for a settlement amt and am not given one. 6 months later another atty from the firm contacts me and tells me he now has the case and for me to complete a financial statement. 3 weeks later another atty contacts me and says she now has the case. I meet with her and she tells me she had no foreclosue experience at all. Then she asks me if I knew that the case had been dismissed due to lack of prosecution by plaintiff's attorney. She also tells me that the atty before her had petitioned to have my counter claim reinstated. This was all news to me. I had not been told anything up to this point. This suit has been going on since 1999, not one of my atty's on the case had ever discussed or suggested any settlement options. After discussing this with other people I found out several options that I was not aware were open to me. I suggested to my new atty deed in lieu of forclosure, a short sale or having the home appriased and refianced for appraised amt as the home would not sell for more than appraised amt in a foreclosure or short sale.
Now here is the kicker. Last week I get a notice from opposing counsel that we had a foreclosure hearing schedulded for next week. I contact my attorney and ask when had opposing counsel refiled and why was I not served with the papers. She tells me that when the attorney who had the case prior to her petitioned for my countersuit to be reinstated that it reinstated the foreclosure action. So in essence MY attorney reinstated the foreclosure action against me that is scheduled to be heard next week. I am totally dumbfounded that this has happened - by the hand of MY attorney. I asked my attorney why this action was taken if it would reinstate the action against me and she told me that I did not want to let my countersuit go. My response was, why did we not just file a new suit against the lender instead of them having the suit against me reinstated. Does this smack of malpractice to anyone other than myself? Any suggestions on what action I should take?
I purchased a home at a buy down interest rate. The first 2 yrs all payment coupons the same as amt on Truth In Lending Disclosure. 3rd yr the payments are much higher than Truth In Lending Disclosure. I contact mtg co and they say sorry, send payment on TIL and we will correct. They did not and they would not accept my payments for 3 months. To make a long story not as long as it is, they filed foreclosure. I obtained an atty who filed a countersuit. I ask over and over to get this settled. My atty suggests we just refinance payoff amt. Yet he never gives me the payoff amt to refiance. This case started in 1999. In August 2005 my attorney dies. He is with a huge well known law firm. I am not notified of his death until Dec 2005 when an atty from his firm calls me and tells me he now has the case and he needs to settle it in a week as he is leaving practice. I again ask for a settlement amt and am not given one. 6 months later another atty from the firm contacts me and tells me he now has the case and for me to complete a financial statement. 3 weeks later another atty contacts me and says she now has the case. I meet with her and she tells me she had no foreclosue experience at all. Then she asks me if I knew that the case had been dismissed due to lack of prosecution by plaintiff's attorney. She also tells me that the atty before her had petitioned to have my counter claim reinstated. This was all news to me. I had not been told anything up to this point. This suit has been going on since 1999, not one of my atty's on the case had ever discussed or suggested any settlement options. After discussing this with other people I found out several options that I was not aware were open to me. I suggested to my new atty deed in lieu of forclosure, a short sale or having the home appriased and refianced for appraised amt as the home would not sell for more than appraised amt in a foreclosure or short sale.
Now here is the kicker. Last week I get a notice from opposing counsel that we had a foreclosure hearing schedulded for next week. I contact my attorney and ask when had opposing counsel refiled and why was I not served with the papers. She tells me that when the attorney who had the case prior to her petitioned for my countersuit to be reinstated that it reinstated the foreclosure action. So in essence MY attorney reinstated the foreclosure action against me that is scheduled to be heard next week. I am totally dumbfounded that this has happened - by the hand of MY attorney. I asked my attorney why this action was taken if it would reinstate the action against me and she told me that I did not want to let my countersuit go. My response was, why did we not just file a new suit against the lender instead of them having the suit against me reinstated. Does this smack of malpractice to anyone other than myself? Any suggestions on what action I should take?
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