Mortgage was discharged in Ch. 7 Bankruptcy in Nov 2013. Mortgage collection company offered a lieu of foreclosure and sent the documents to me; I sent them to my bankruptcy attorney who advised me to not sign them. They harassed me for days tryi...
If you obtained a discharge order from a US Bankruptcy Court, you don't owe anything on the mortgage. Anyone seeking to collect from you is either engaging in extortion or wrongful collection on a debt that is not owed. If the collector ever sought money from you it would be wrongful.See question
Not our fault, we should not have to pay for their mistakes.
Loan modification cases can be factually intensive disputes. There is a lot more information needed before an answer can be given. Some cases result in substantial justice for borrowers, but each case depends on its own facts. You would be wise to seek out an attorney who has a depth of experience representing borrowers. Best wishes in your search for justice.See question
chapter 7 was discharged, however, service provider was not a legal entity and did not own the home when they filed a pre petition foreclosure. what kind of action can we do stop them from harrassing us?
home mortgage loans in Oklahoma are almost always the subject of judicial foreclosure. When you say "pre petition" foreclosure, I have to assume you mean a letter. If you do not owe the amount being sought, you should tell them every time they call you that no debt is owed. You should mail them a certified letter, return receipt requested, stating that no debt is owed because of the Chapter 7 discharge. Tell them to stop calling and stop collecting on the debt. Keep a copy of the letter and the return receipt. If the wrongful collection continues, seek a reputable attorney. Be wary of paying any up front fees and be sure you are dealing with a licensed Oklahoma attorney with an office in our state. For more see hwh-law.com and check out the pages on wrongful foreclosure. Good luck!See question
A CHAMP similar to the Federal HAMP modification that chase provides was administered to us and the modification contained other names additional fees and other issues they have taken money but not provided the correct modification and now refuse ...
We represent homeowners Who have been victims of of loan servicer fraud and abuse. You can email me specifics at David@hwh-law.com. They are located in Tulsa and practice Statewide. we also have been permitted to practice in specific cases in many other states with the help of local counsel. Your question requires a great deal more information. Please Email a chronology at your earliest convenience. Oh attorney-client relationship will be undertaken without a written agreement between us. ThanksSee question
We are going through a foreclosure and abandoned the home. Now residing in a place given to me by my mother. If there is a deficiency after the sale can the mortgage company come and take ownership of this home as well. Should we avoid taking lega...
You should always protect yourself from predator banksters. Don't accept any gifts until you are sure the bank has walked away. You are liable for any personal judgment that the bank may take against you.See question
They have denied my request for loan modifications
They mean they are going to sue to foreclose on your home. You need to get a legal opinion on whether they should have offered you a mod. It can be a complicated analysis and depends on the loan program and investor. Get advice now!See question
Mortgage lender failed to perform the duties of its contract which prevented me from performing my duties under the same contract due to a condition precedent.
I am going to take a shot at answering the question below the "practice areas" section. The remedy for breach of a contract in Oklahoma is to compensate the buyer for all detriment (harm) directly caused by the breach. Damages must be reasonable and foreseeable and cannot be speculative but do not have to be "certain." There is a small opening for a claim of "bad faith" breach but the facts of the misconduct by the loan servicer need to be powerful and there is the possibility of claims based on wrongful collection activity, such as excessive, threatening or harassing phone calls, especially when no debt is owed. Wrongful foreclosure is also a possible claim.See question
Foreclosure filing in 2009
i am not a FL lawyer, check florida law. with a florida lawyer,. Generally florida law calls for prompt action. Taking time and wasting time are not favored. you may be able to present these facts to the judge and argue that the foreclosure should be dismissed after five years of delay. They are wasting everyones time. you will be in a much better place if the foreclosure is dismissed and then they later come at at you again, good luckSee question
I had an alarm system installed in my home 6-7 months ago. About a month ago it started having sensor problems. A door sensor and a carbon monoxide sensor. We had a technician out at that time he changed the door sensor and replaced the battery...
go to the fine print, org. read and understand what they tricked you into agreeing to. You will be surprised, Good Luck,See question
I hired a attorney to get my name cleared on mistaken information entered on my record. I paid him a retainer fee this was the beginning of last year I received another bill which I also paid him. I went to his office a few times to talk with hi...
You are the boss. It's your case and your problem. Get your questions answered. Or fire him. Make it clear what you want. And tell him. Good luck.See question