How can I sue my attorney if she is no longer practicing?
In 2005, I filed chapter 7 bankruptcy. The attorney went over everything with us and told us we could reaffirm the mortgage debt. We agreed. Losing our home was not an option. We did everything we were asked and went to the court date and all was well, so we thought. Well, our mortgage company recently explained that we did NOT reaffirm our debt and that as long as we payed the payment, they would “let” us keep our home. We have an ARM and tried to take advantage of some loan modification programs but that’s when we found out the info stated and were refused the modification. The attorney is no longer practicing law. But, the firm she worked for is still in practice. We are in VA. My question is…can I sue her or the firm? I think it would be malpractice but Im not sure. Do attorneys pay E and O insurance or something like it? Would that even apply? And, if so..after 4 years and her not in practice? I really don’t have any proof of our intention to keep our home. It seems like we probably completed a questionaire asking us that question though. I’d think that would be on file. I appreciate any responses. We are in a terrible spot, cant refi and cant afford the adjustable mortgage.