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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7408
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I am a defendant as is the city of NY, in a slip and fall which

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I am a defendant as is the city of NY, in a slip and fall which occurred outside my home. I have a video of the event which shows negligence on the part of the plaintiff. Attorney's for the plaintiff have not even viewed the video, nor has the city. For 2 years I have been held hostage in this lawsuit. It has stifiled my ability to refinance the home at a loss of thousands of dollars. I am being represented by an attorney provided by my Insurance company. I was told that the process could take 4 years. Based on the lack of progress that would be a miracle. What legal rights do I have in this matter? Would a private attorney help speed the process?

Hello and thanks for submitting this question. First, let me point out that the mere filing of a suit doesn't create any kind of lien against your property. Therefore it cannot be the cause of difficulty in refinancing your home. That is especially true when it is being defended by your insurance company. You cannot hire your own attorney to try to push the case faster without spending thousands of dollars, plus jeopardizing your insurance coverage. In my opinion, that would be an idiotic thing to do. You really have no legal options other than to cooperate with the company's counsel. Their strategy might well be just to let the case die of old age, and that is their right to decide.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Customer: replied 4 years ago.

I never mentioned anything about a lien. I carry $500,000 liability. The underwriter was not satisfied since, the amount I am being sued for is not specified in the lawsuit. Therefore a letter from attorney to lender does not resolve the issue. I did refuse to share(fax) a copy of the lawsuit to lender. I was advised not to share. I have no debt, except for the 220,000 existing on my mortgage. 3 credit bureau scores 780-820. I have a great LTV percentage with much more equity than money owed on mortgage.I own another property free and clear worth much more than the refinance. I have retirement and cash in excess.


As to hiring an attorney, initially in a letter from my counsel "The amount you have been sued for is not stated in the complaint" he advised that there might be an uninsured interest and I might want to hire a personal attorney. So as far as my uninsured interest goes I can hire one, but will not.

I can't help feeling the plaintiffs attorney is looking to settle with the city before they get to see my video. Plantiffs attorney can never give a date for a viewing as part of discovery. My attorney feels video would release me from suit. It is why I feel like a hostage.


I fully understand your frustration but still don't understand the re-fi problem. It shouldn't matter how much the suit is for. Lawsuits are not judgments and can never attain priority over a prior mortgage. They might feel that it is a future credit issue, but that's pretty silly in view of the coverage. Is the person alleging permanent brain damage or something? I agree with not hiring a personal attorney regarding any excess - at least at this point. I don't know what either your personal attorney or the insurance lawyer could do to speed up getting you out of the case, unless it would be to file a motion for summary judgment based on the video and whatever other liability evidence there might be. Obtaining summary judgment in a negligence case is always a long shot.I hope this Answer is helpful and that you will give it a positive rating. If you have any follow up questions please send back a Reply. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Just Answer. We appreciate your business.
Customer: replied 4 years ago.

would re-fi matter if it is not with holder of mortgage, but xyz loans

Different companies have different criteria for mortgage re-fi. You should definitely check with other companies who might welcome your mortgage account. I'm frankly very disappointed in your 'bad service' rating. We don't guarantee legal "magic pill" answers to all situations. I have extensive experience in both personal injury litigation as well as real estate financing which is a rare combination. If you had received this consultation from most attorneys, a $500 billing would have accompanied it. I hope you will choose to correct that rating with a positive one here.

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