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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33166
Experience:  JD, BBA Over 25 years legal and business experience.
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Commercial real estate: After 3 yrs into recession could no longer pay mortgage. After two

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Commercial real estate: After 3 yrs into recession could no longer pay mortgage. After two yrs of bank refusing to negotiate or modify, I declared BK to force negotiation. THAT was a mistake.... I had a non-recourse loan that became recourse and now being sued by the bank for full ant. of the loan. I believe my BK lawyer should have taken the time to fully read and understand my contract and inform me of this.... "bad boy guarantee" he did not, and a few months into the case the bank changed lawyers and came up with my guaranty. I want to, and have the blessing of my present lawyers.... to suit this lawyer. I need info on legal malpractice and what to look for in a lawyer who will know what he is doing!

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am terribly sorry to hear of your difficult situation. It does appear your BK attorney took you from the frying pan into the fire so to speak. Before I can give you an accurate answer to your question, please provide the following additional information:

Where in NV would you be suing the attorney? Have you taken any steps to locate a malpractice attorney yet?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

In Las Vegas. When this began I met with a malpractice lawyer. He said it was too early as there were not as yet any damages. Now the question is when does the clock start ticking in order to suit. My present attorney felt I should speak to someone now because the two year period may be closing. Not sure when that two year period in LV begins.

Hello again, Mik, and thank you for clarifying your question for me.

The Nevada Supreme Court has held that a claim for legal malpractice does not typically accrue until the client suffers damages and such damages are certain.

See Semenza v. Nevada Medical Liability Insurance Co., 104 Nev. 666, 765 P.2d 184 (1988) (finding legal malpractice action before ruling on appeal of underlying claim premature; cause of action does not accrue until damages are certain and not contingent on appeal).

Here is a link which discusses this issue:

http://www.wcslaw.com/publications.asp?artID=177

So, it does not appear that you would be nearing the end of the statute of limitations if your damages just recently became ascertainable. Nonetheless, it is usually better to pursue a cause of action promptly once damages are certain.

As for who to retain, I would look for a Las Vegas attorney who has handled complex legal malpractice cases and who is preferrably AV rated, which means he has been rated as providing superior performance by his peers.

Here is a link to a legal malpractice attorney I located for you in Las Vegas who appears to be AV rated. While I have no experience with this attorney, this rating does typically indicate that one would be well represented:

http://www.lvjustice.com/las-vegas-legal-malpractice-lawyers.html


I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 3 years ago.

Thank you for this info. I was told by my present attorney that he thought the period should be from when we "found out" about the bad boy guaranty. That would have been the moment I understood that I became in jeopardy of losing my status of having a "non-recourse" loan. And, that was because the new set of bank lawyers, sometime last year, sent us a "copy" of the guaranty showing my signature. Nevertheless, they could not sue me for the full amount of the loan until after the foreclosure and a value was put on the property. This year, at auction no one bought the property at auction but now the bank owns it. So you see still not sure when the clock starts ticking. Is it one of these points in time, or only after I receive a court decision on what I actually owe the bank?

Hello again, Mik.

I would not expect the claim to accrue when you discovered the guarantee existed, but when a judgment was entered against you assessing damages to the bank and that judgment became final and unappealable. That appears to be how the NV Supreme Court has ruled on the issue, so if there is no judgment against you yet, your claim may not have begun to accrue.

However, even if there is no judgment yet, I would still consult with a local legal malpractice attorney to discuss this issue since reasonable minds can differ and there is room to argue for a different statute of limitations to apply. I would hate to see you lose your claim against the attorney because you waited too long, so it would not hurt to get another opinion from an attorney who might be trying the case.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

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Thanks again and all the best to you.

Tina

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