Time Limit for Suit: Damages caused by a lawyer.?

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In VA, is there a limited period of time when one can sue a lawyer for damages related to their negligence in a case?

My mother filed bankruptcy in 2006, and her lawyer mistakenly included one of my student loans in her case. She had explicitly told him not to do this, and he had agreed this would not be touched.

In the end, he did it anyway, and I have been stuck with a mark against me on my credit (more than 100 points) for what the bank called my default on the loan.

Is there any remedy possible? Can I demand this wrong be corrected? This has cost me higher interest rates on my mortgage and auto loan, etc.

Please respond.

I just purchased a home four months ago with 20% down on a convention (non FHA or VA)loan…My wife is joining the Army and we will obviously be moving to where ever they decide to put us in about six months, I don’t want to sell our home we just bought but at the same time I don’t want to move back into a rental after spending so long trying to get out of one. Can a guy in my situation qualify for a second mortgage with only 20% equity in my first home and having only about 10% for a down payment for a second home. My credit is only in the high 600s at this point as well. And if it only has to do with my debt to income ratio, what are the percentages that I will be limited to, both for the total house payments and also for everything together like my car payment? As far as my first home goes, I would like to rent it out while we are away but how do banks feel about that since I am sure I signed a contract saying I would not be renting it out when I bought it four months ago?

Thanks for the help.

  1. Reply
    February 12, 2011 at 1:40 am

    Well..you can’t sue…he didn’t owe you any duty of care…

    She can sue, but how has she been damaged? Seems like a loser to me…besides, you probably on had 2 years to sue…

    BUT..if you didnt default, then you can dispute it with the credit bureaus and possibly sue the company under the FCRA for reporting inaccurately.

  2. Reply
    February 12, 2011 at 1:41 am

    The civil SoL in Virginia for legal malpractice is two years from the date of the act or omission giving rise to the suit, or one year from when the act or omission was, or reasonably could have been, discovered, whichever is longer.

    Even if it is still possible, only your mother ‘might’ have standing to sue. You had no contract with him, and he owed you no ‘duty of care’. Your mother also has a problem with standing, because I don’t see that *she* has any damages.


  3. Reply
    February 12, 2011 at 1:42 am

    If you can find a lender, you will qualify. If the banks don’t want you, look to the private mortgage industry. Mortgage brokers and Family Trust charge a percent or more higher, but they accept people with lower credit scores. Or you may want to look only at Owner Will Carry properties.

    As far as renting your current house, the bank won’t know unless you tell them. All they will know about your house is you are or are not making payments. When you stop making full payments, they will then check into the loans status, otherwise you are just a number in a computer and they have no idea if the house is still there or not.

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