What is the name of your state (only U.S. law)? Illinois
Hello,
My question is, do I have standing to sue my ex wife's divorce attorney for not disclosing that she was sued and had a judgement entered during our divorce?
Background...:
During our divorce my ex-wife was sued over a credit card balance and a judgement was entered against her. The card was just in my ex's name. The lawsuit went fast. It was filed towards the end of our divorce; she was served, never showed up, and a default judgement was entered against her a few weeks before our divorce was finalized.
In Illinois, a civil judgment places a lien against real property. So I never knew about this lien. We owned a house together, and I was allowed to live in it until it was sold. Because the housing market was so bad I stayed for several years. When I was ready to put it on the market I did a search for any mechanics liens... and that was when I found out about this judgement.
I didn't realize that judgements automatically created liens against real property in Illinois. Surprisingly, neither did most real estate lawyers I spoke to. I suppose homeowners in these situations usually file bankruptcy, making the lien a non-issue. Or they remain married, and its also a non-issue (TBE ownership defeats a judgement lien in Illinois).
Anyways, I didn't have any of that legal knowledge about liens back then, and spent money on legal fees to consult with various lawyers over the course of many months to find out if there was some way to short sell the house. The house recently went back to the bank and I'm living somewhere else.
In Illinois during a divorce I believe both sides must disclose a material change in financial circumstances, including legal proceedings. I know my lawyer was all over me about staying current with opposing counsel on these things. My ex's attorney should have told us about the lawsuit against my ex. I can't ask my divorce attorney about any of this; he was a sole practitioner and sadly he died young a few years ago.
Do I have standing to sue my ex's attorney? My damages would be for legal fees spent to fruitlessly learn I couldn't short sell my house; and for fees spent during my divorce regarding disposition of the house - those alone are probably a couple of thousand dollars. Thanks in advance.
Hello,
My question is, do I have standing to sue my ex wife's divorce attorney for not disclosing that she was sued and had a judgement entered during our divorce?
Background...:
During our divorce my ex-wife was sued over a credit card balance and a judgement was entered against her. The card was just in my ex's name. The lawsuit went fast. It was filed towards the end of our divorce; she was served, never showed up, and a default judgement was entered against her a few weeks before our divorce was finalized.
In Illinois, a civil judgment places a lien against real property. So I never knew about this lien. We owned a house together, and I was allowed to live in it until it was sold. Because the housing market was so bad I stayed for several years. When I was ready to put it on the market I did a search for any mechanics liens... and that was when I found out about this judgement.
I didn't realize that judgements automatically created liens against real property in Illinois. Surprisingly, neither did most real estate lawyers I spoke to. I suppose homeowners in these situations usually file bankruptcy, making the lien a non-issue. Or they remain married, and its also a non-issue (TBE ownership defeats a judgement lien in Illinois).
Anyways, I didn't have any of that legal knowledge about liens back then, and spent money on legal fees to consult with various lawyers over the course of many months to find out if there was some way to short sell the house. The house recently went back to the bank and I'm living somewhere else.
In Illinois during a divorce I believe both sides must disclose a material change in financial circumstances, including legal proceedings. I know my lawyer was all over me about staying current with opposing counsel on these things. My ex's attorney should have told us about the lawsuit against my ex. I can't ask my divorce attorney about any of this; he was a sole practitioner and sadly he died young a few years ago.
Do I have standing to sue my ex's attorney? My damages would be for legal fees spent to fruitlessly learn I couldn't short sell my house; and for fees spent during my divorce regarding disposition of the house - those alone are probably a couple of thousand dollars. Thanks in advance.