Cook County Record

Tuesday, August 20, 2019

Couple sue attorney alleging legal malpractice

By Dan Harkins | Apr 6, 2015

A Chicago couple is suing an attorney for allegedly advising them incorrectly in a foreclosure case.

According to a lawsuit filed Feb. 10 in Cook County Circuit Court, Joaquin and Maria Rosales are suing Richard Fonfrias for legal malpractice.

In April 2012, the couple hired Fonfrias to help them file for Chapter 13 bankruptcy in an effort to save their home from foreclosure.

"Fonfrias promised and represented to the Rosaleses that their home would be saved and protected if they retained him to immediately file a Chapter 13 petition for bankruptcy," the lawsuit states. Fonfrias even wrote on their receipt that "upon filing Ch. 13 bankruptcy, the building will be protected," the lawsuit states.

"Defendant Fonfrias knew or should have known that filing the Chapter 13 petitions after the statutory redemption period had elapsed would not protect the Rosales' property and was therefore negligent in promising to protect the property by filing of the Chapter 13 bankruptcy petitions," according to the lawsuit.

The Rosaleses are seeking in excess of $500,000, plus costs.

The plaintiffs are represented by attorney Juan M. Soliz of Chicago.

Cook County Circuit Court case number 15-L-1389

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