MBNA, Comedy of Errors Ripoff Atlanta Nationwide
In 1999 I divorced my then wife. This was necessitated due to a mental illness that made her unable to stay with the children. As part of this settlement I got the children and the house.
In 2001 I went to the bank to obtain a home equity line of credit to do some need improvements to our home. It was discovered by my bank that my lawyer never filed the quit claim deed at the courthouse. The attorney found the deed and gave it to me saying to just have the bank file it when they were done.
In September of 2005 I refinanced the line of credit to lower the interest rate and get some money for a car. During this process I first found out that my bank BB&T had mailed the deed to the courthouse but it was returned due to the lack of a form. They filed it with my other paperwork and it had been there since 2001. So on September 17, 2005, I took it to the courthouse and filed it myself.
Now the story gets good. In completing my loan it was discovered that in April of 2004, MBNA filed a lien against my house. I was not notified of this action. Somehow they gave a credit card to a mentally ill person with no source of income, my ex, and she had run up a little over $6,600 in charges. Since the quit claim deed had not been filed they saw her name on the deed and placed a lien.
My first move was to call my attorney Michelle Lundy, Peachtree City, Georgia to ask for advice. She told me she'd check on this for me free of charge. When I called back she told me that no one at the bank or MBNA would discuss this with her. I asked at the bank if this was true and was told that it was not. The person that she would have spoken to at the bank stated that my attorney never called. The advice given by my attorney was not to worry about it. Don't contact MBNA. Deal with it when I sell the house.
I then called two other attorneys that told me that I should in fact contact MBNA. They also told me that I have little or no recourse against my attorney or BB&T. My only recourse appears to be against my ex who has nothing.
So I have written MBNA a letter and am waiting for a response. Any comments/suggestions on how to handle this?
Randy
Fayetteville, Georgia
U.S.A.
8 Updates & Rebuttals
Buddy
Eureka,California,
U.S.A.
Find One of Your Attorney's Opponents
#9Consumer Suggestion
Tue, January 31, 2006
The State Bar won't file a lawsuit against the attorney -- all they can do is decide whether or not to discipline her according to State Bar rules. In the library there is a book called an O'Brien's directory. See if your attorney has been in litigation and get the name of the opposing attorney. Contact the opposing attorney to see if he or she would take the case. Or, you can look through an attorney directory that gives bar numbers. Look for the newest bar numbers to see if a young attorney his "hungry" enough to take the case. I think what your attorney did was misfeasance and has some obligation to make it up to you.
Randy
Fayetteville,Georgia,
U.S.A.
Update Georgia State Bar
#9Author of original report
Mon, January 30, 2006
The georgia state bar investigated and stated that there was nothing they could do !
Ken
Randolph,Massachusetts,
U.S.A.
Bar Association
#9Consumer Comment
Wed, October 19, 2005
I believe if you contact your state bar association, they will have someone there who will help you deal with your lawyer. Once he finds out that you are siccing the bar association on him, I am willing to bet he will pony up real quick.
This is clearly malfeasance on th epart of the lawyer, and he hasn't got a leg to stand on.
Good luck.
Randy
Fayetteville,Georgia,
U.S.A.
Follow Up
#9Author of original report
Wed, October 19, 2005
I'd like to make 2 comments about the rebuttal.
1. My ex was a ward of the state with no source of income when MBNA gave her that credit card.
2. It seems to be very hard to find an attorney to sue another attorney.
But thanks for the input. And I am trying to find an attorney that will do this.
Donald
Boulder,Colorado,
U.S.A.
sue your attorney
#9Consumer Comment
Tue, October 18, 2005
as much as it sounds like a joke, mbna would have no idea about the mental capacity of their customers... all they care about is income and credit... i am sure both were evaluated, scored and credit established...
sounds like the real comedy of errors is that woman you call your attorney... "never filed the quit claim deed at the courthouse. The attorney found the deed and gave it to me saying to just have the bank file it when they were done."... hardly sounds like diligence to me...
my opinion, get a different attorney to sue for malpractice and damages... the effect of all this could be long lasting. legally, it appears that mbna has a right to place a lein... report her to the georgia bar, get what you deserve .. good luck.
Donald
Boulder,Colorado,
U.S.A.
sue your attorney
#9Consumer Comment
Tue, October 18, 2005
as much as it sounds like a joke, mbna would have no idea about the mental capacity of their customers... all they care about is income and credit... i am sure both were evaluated, scored and credit established...
sounds like the real comedy of errors is that woman you call your attorney... "never filed the quit claim deed at the courthouse. The attorney found the deed and gave it to me saying to just have the bank file it when they were done."... hardly sounds like diligence to me...
my opinion, get a different attorney to sue for malpractice and damages... the effect of all this could be long lasting. legally, it appears that mbna has a right to place a lein... report her to the georgia bar, get what you deserve .. good luck.
Donald
Boulder,Colorado,
U.S.A.
sue your attorney
#9Consumer Comment
Tue, October 18, 2005
as much as it sounds like a joke, mbna would have no idea about the mental capacity of their customers... all they care about is income and credit... i am sure both were evaluated, scored and credit established...
sounds like the real comedy of errors is that woman you call your attorney... "never filed the quit claim deed at the courthouse. The attorney found the deed and gave it to me saying to just have the bank file it when they were done."... hardly sounds like diligence to me...
my opinion, get a different attorney to sue for malpractice and damages... the effect of all this could be long lasting. legally, it appears that mbna has a right to place a lein... report her to the georgia bar, get what you deserve .. good luck.
Donald
Boulder,Colorado,
U.S.A.
sue your attorney
#9Consumer Comment
Tue, October 18, 2005
as much as it sounds like a joke, mbna would have no idea about the mental capacity of their customers... all they care about is income and credit... i am sure both were evaluated, scored and credit established...
sounds like the real comedy of errors is that woman you call your attorney... "never filed the quit claim deed at the courthouse. The attorney found the deed and gave it to me saying to just have the bank file it when they were done."... hardly sounds like diligence to me...
my opinion, get a different attorney to sue for malpractice and damages... the effect of all this could be long lasting. legally, it appears that mbna has a right to place a lein... report her to the georgia bar, get what you deserve .. good luck.