Attorney sued for malpractice after allegedly selling wrong property

Michelle Massey Jul. 21, 2010, 1:45am

A Louisiana attorney is being sued for legal malpractice after he allegedly incorrectly described and incorrectly executed a property title.

Kalma Scandaliato filed suit against C. Richard Gerage, Quality Title Services and Javier A. Serrano July 5 in Orleans Parish District Court.

Scandaliato hired the defendants to sell, provide title services, document preparation services and notarial services for 3920 Cleveland Ave. in New Orleans, the suit states.

The sale was executed in September 2007, but included additional property of Scandaliato's that she did not want to sell, the suit state.

Scandaliato claims that neither the parties to the cash sale of her property nor the notary noticed the error in the property description. She claims the error was realized when she inquired about a tax bill and found the property in question was no longer in her name.

The defendants are accused of negligence, notarial malpractices, legal malpractice and unjust enrichment.

"...Quality Title Services, LLC and Mr. Gerage breached the standards of care for a title service business, an attorney and a notary in the preparation and supervision of a real estate closing by preparing and allowing to be executed by the parties a set of documents with an erroneous title description conveying more land to the buyer than the seller even listed for sale," the lawsuit reads.

Defendant C. Richard Gerage is a licensed attorney, licensed insurance salesman and licensed to sell property and casualty insurance.

The plaintiff is seeking a reformation of the cash sale of the property and damages for emotional distress, diminution in value and lack of clear title.

Scandaliato is represented by attorney Donald L. Hyatt, II in New Orleans.

Judge Ethel S. Julien is assigned to the case.

Case No. 10-6869

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