Attorney sued for allegedly not filing divorce settlement in timely manner

Kyle Barnett Aug. 9, 2012, 8:53am

Michelle Myer-Bennett

GRETNA – A Jefferson Parish woman has filed a legal malpractice suit against the attorney who represented her during her divorce.

Tracy Ray Lomont filed suit against Michelle Myer-Bennett and her insurer in the 24th Judicial District Court against on July 12.

Lomont claims Myer-Bennett represented her in divorce proceeding against her former husband John D. Lomon which included negotiating, preparing and recording a community property settlement. The plaintiff claims the defendant negotiated a partial partition of community property settlement in the divorce proceedings.

The settlement between Lomont and her husband would have granted her to keep her home and separate $26,052.17 of the existing mortgage to be paid by her ex-husband, the suit states.

The defendant is accused of negligence by not recording the community property settlement in time. As a result on the defendant's alleged inaction the home remained in both the plaintiff's name as well as her ex-husband's, instead of the plaintiff's name alone, and a lien was placed on the home by the mortgage holder.

The plaintiff asserts that at first, Myer-Bennett said she would rectify the situation, but later admitted she had not properly handled the case and suggested the plaintiff obtain another attorney for further representation.

Lomont is represented by Metairie-based attorney Frank W. Lagarde, Jr.

The case has been assigned to Division G Judge Robert A. Pitre, Jr.

Case no. 716-976.

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