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1. 1st Attorney missed deadlines that caused the Bank to start foreclosure
2. My mother took out a loan on one property, but they not only put that
property on the loan, but the house she was living in as well. She was
unaware of that fact until now.
3. The insurance company that recommended the contractor refused to
pay after the inspector from the insurance company gave the contrac
tor the go ahead to do the work. They (Insurance Co.), refused to pay
the contractor? Who in turn turned around and sued my mother...i'm
sure there has to be plenty of violations. I hope you can help, this thing
is very serious- need your expertise.
All of these things have happened over the last 3 1/2 years, sorry didn't include on last transmission
Angela,Please let me go down the list here and point out a few issues. I welcome you to 'reply' if I miss something, especially since I suspect we will have a few back-and-forth comments on this thread.1. The first thing I suspected was improper communication or advice from an attorney. I am not clear if that took place but if it did, under Kentucky law, there is a one year statute of limitations to pursue a malpractice claim against an attorney. That option to pursue the public defender is now beyond the statutory period and was likely the strongest option.2. Typically loans can use collateral, such as property, to secure the loan. If such information was not provided to you mother, that may be actionable against the lender as fraud. But if such a fact was openly and directly listed in the terms, this is a non-issue also. It would be up to your mother to review the terms of the loan and be aware of how it was created. This may be an issue, and I suggest you review this further. Kentucky has a 5 year statute of limitations for fraud, and this may qualify.3. The insurance steps you describe are common in the industry. If there is an insurance claim, most insurance companies release or pay out the proceeds either by portion or upon assurances that the job was properly performed. This likewise can be a potential 'bad faith' breach if they had no legal right to deny, and violated terms under insurance. This, therefore, could then be potentially pursued by the insurance company for breach of contract and bad faith. But if they denied for good reason, such as the contractor failed to provide them with assurances that he properly performed the work, then the suit would be against the contractor for breach of contract and not the insurer.
Could you recommend an Attorney who could help us.
Angela,Thank you for your follow-up. My apologies on the delay, I was offline last evening and could not immediately respond.Site rules and state bar requirements forbid me from making a direct referral but I can suggest certain sites that could assist you. Please consider browsing the listings at www.avvo.com and www.martindale.com. There you can search by fees, location, experience, and expertise. Furthermore those sites permit you review past client testimonials and peer reviews. To be on these sites and attorney has to be active and pass the bar, this isn't a pay to promote option so you have a far greater chance of obtaining genuinely honest reviews which can make your ability to retain counsel easier to research.Hope that helps.
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