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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Several years ago my mother went through her insurance company

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Several years ago my mother went through her insurance company where she had her Home Owners insurance. She reported a bad leak, they sent out a inspector...he said she needed a roof replacement. He/ insurance company recommended a contractor who agreed to do the work, when my mother tried to contact the contractor he replied he only deals with the insurance company directly. Long story short the inspector gave him the go ahead to replace the roof, however the insurance company put a hault on the payment to the contractor and refused to pay him? The contractor turned around and sued my mom, who in turn attempted to file for bankruptcy. The attorney (Public Defender) that was assigned to my mother's case, claimed she had nothing to worry about. The attorney asked my mother give her the morgage payments instead of sending them to the bank because they had started to return her payments since the bankruptcy had started. The attorney failed to submit the total payments to the bank, which caused the bank to start foreclosure proceeding on my mom as well as the suit from the contractor. It gets worse...I urged my mom to consult another attorney when she did they discovered that the bank had put the home she was living in along with the other property she owns ( both properties were paid off) and the vacant property which my mom thought was only on the loan had enough equity built up in it for the loan amount. Some kind of way the bank included both of my mom's properties, and now the bank wants to take both properties from my mom which would leave her homeless. She is elderly and I feel that the Loan officer at the bank played on that fact. Was this not unlawful, and does not my mom have no recourse against the Lawyer that allowed things to snowball to this point. We need help quick, please help.
Thank you for your follow-up.

Could you provide a more specific timelne here so I can best answer your question? I am going to try to work this step by step to see if this is a violation, which, at least so far, I am not seeing, but I will try to 'reverse engineer' and break apart for you. Thank you.
Customer: replied 3 years ago.

1. 1st Attorney missed deadlines that caused the Bank to start foreclosure


proceedings


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.


 

Customer: replied 3 years ago.

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.

Customer: replied 3 years ago.

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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