Atty missed lien

[Nifty50inWV]

What is the name of your state (only U.S. law)? WV

I had lien on person's property from Magistrate Court in 2001. That home sold in 2003 and the attorney missed my lien. I just discovered in 2008. Have sent certified letters to atty, and Bank that financed $93,000. Bank finally responded stating that the attorney would offer me $900 to settle (original lien $1800, plus 10% interest). I responded stating no thanks. I've asked for name of Title Insurance Company so I could file a claim with them, but was told only the attorney has that information and he won't give it to me. Now I don't know whether to go to Circuit Court & file a complaint against that attorney, the bank and new owners and start "foreclosure" proceedings to get my money, or just let it ride and then my kids would have a nice little inheritance..... would prefer to have money now, almost $4000.


I filed complaint with the WV State Bar Association and they stated it was alleged malpractice, but it was not "unethical", and they dismissed my case.

 

[Hot Topic]

The State Bar investigates and decides whether or not the attorney violated the rules set forth by the Bar. Their investigation either concludes that he has or that he hasn't. Period. Dismissing the case indicates that he did nothing to violate the rules.

 

[SIN EATER]

Missing the lien was not an ethical violation to be reported to the Bar, but withholding information which would allow correction of the lawyer's error IS an ethical violation in my opinion.

Don't let this lie; it will be harder to prove if the parties who dealt with it are deceased or retired. Your kids won't have an inheritance from this.

File in small claims court, or Magistrate's court or a higher court if you wish to embarrass the twerp.
Get certified copies of everything.
Make sure the lien was filed correctly (property description correct ?).
Make sure there actually was money to cover the lien (was there a foreclosure ? did the property pass with liens (inherited?) ?)
Did the bank or the atty tell you what happened - whether it was an error or whether it was a decision based on the finances ?

You are only due the amount of the lien, the interest, and court costs.
There are no punitive damages.

You aren't going to hit a bonanza from this, but you should be paid in full.