Commonwealth Land Title Insurance v. Kurnos

The opinion of the court was delivered by

CARCHMAN, J.A.D.

In this legal malpractice appeal, we address the issue of when the six-year statute of limitations runs when monetary damages are allegedly not readily ascertainable at the time the alleged malpractice is discovered. We conclude that where an attorney’s negligence resulted in a purported first mortgage lien actually being a second mortgage, the limitations period commenced at the *27time the negligent conduct was discovered even in the absence of the mortgagors’ default as to either mortgage.

These are the uncontested facts. Property owners…