My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear that this happened.
The statute of limitations
for a malpractice action is four years from the date that the malpractice occurred. However, to recover, you have to be able to establish that the attorney fell below the standard typically exercised by a lawyer of similar diligence, skill, and experience. That means showing that he either knew the property was in foreclosure and failed to tell you, or that there were enough facts present at the time that he should have been on notice to investigate and verify whether the property was in foreclosure. If he reasonably believed that the owners would use your payments to pay on the mortgage (and thus, not save the property from foreclosure), then that could be enough to cut off any liability.
A better argument may be that he should have drafted the argument so that your payments would go directly to the mortgage, for your own property. These cases are very difficult to prove - essentially, you have to have a lawyer to bring the case for you. So, you may want to take the original paperwork to a local attorney who can help.
The party that really injured you here was the sellers. You DO have a cause of action against them for breach of contract
, since an implied condition of a purchase and sale agreement is that they own the house and have the ability to transfer it to you (and will not do anything to prevent them from doing so). You would not be able to recover all payments made, since you did get a place to live for four years, but you may be able to recover some damages that occurred as a result of their breach (such as your down payment, money put into the property, etc.)
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