Delaware: Attorneys to Face Consequences for Real Estate Error

Plaintiff, Regina Shea filed a malpractice suit against defendant lawyer Raymond D. Armstrong of Delcollo & Werb P.A.. The Superior Court of the State of Delaware in and for New Castle County granted the lawyers' motion to dismiss, holding that the complaint was time-barred. The client appealed.

The Plaintiff, Regina Shea claimed that she suffered damages due to Raymond D. Armstong, Esq., error in failure to remove her ex-husband's name, Brian Bucher from the title or deed to real estate; at the time of a refinancing after her divorce or due to the lawyers' failure to inform her that the ex-husband's name remained on the deed. The Plaintiff’s complaint alleged that the attorney Raymond D. Armstrong of Delcollo & Werb P.A., represented to Ms. Shea that the property was in her name only. In the appellate court it was found that the Ms. Shea’s ex-husband’s name was continuing injury, therefore, occurred on date of the refinancing. However, the complaint was filed almost a year after the Del. Code Ann. tit. 10, § 8106 three-year statute of limitations expired; the claim was time-barred unless the "time of discovery" rule applied. Because the trial court erred to view the complaint n the light most favorable to the non-moving party, the appellate court found that the Ms. Shea was unaware that the ex-husband's name remained on the deed until she tried to refinance again, more than two years later. The Plaintiff, Ms. Shea was blamelessly ignorant of her inherently unknowable claim until she discovered the injury at the time of the later refinancing. Therefore, the "time of discovery" rule applied and the complaint was timely.

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