In a case of particular significance to foreclosure attorneys and lenders, the Florida Supreme Court has ruled that a mortgage company that had purchased a loan cannot sue an attorney for legal malpractice over the allegedly botched foreclosure, because the company didn't own the loan when the case was filed. The court ruled that unlike mortgages, legal malpractice claims in Florida are not assignable. The decision may lead lenders and investors to be more cautious when they purchase mortgages.
July 09, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
In a case of particular significance to foreclosure attorneys and lenders, the Florida Supreme Court ruled Thursday that Plantation, Fla., attorney David J. Stern cannot be sued for legal malpractice by a mortgage company over an allegedly botched foreclosure because the lender didn’t own the loan when the case was filed.
Unlike mortgages, legal malpractice claims in Florida are not assignable, the state Supreme Court said in its ruling.
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