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Robert David Humphreys

Robert Humphreys’s Answers

75 total


  • Can I sue bank of america. We have fought with BOA for 7、yrs for modification , we got it all past due on balance.

    Not our fault, we should not have to pay for their mistakes.

    Robert’s Answer

    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.

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  • Wronfgul foreclosure and chapter 7 discharged

    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?

    Robert’s Answer

    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!

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  • Mortgage modification fraud lawsuit Chase bank any takers I have paperwork for this

    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 ...

    Robert’s Answer

    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. Thanks

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  • My wife and I are going through a foreclosure. Moved into a place given to us by my mother. Can the mortgage company take it.

    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...

    Robert’s Answer

    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.

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  • My mortgage company said they are going to start legal action. What does this mean for me

    They have denied my request for loan modifications

    Robert’s Answer

    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!

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  • What remedies could be granted by the court for a breach of Contract Uberrimae Fidei by my mortgage lender?

    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.

    Robert’s Answer

    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.

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  • Is it possible to have a foreclosure dismissed due to the lender filing five years ago and still not completing foreclosure?

    Foreclosure filing in 2009

    Robert’s Answer

    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 luck

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  • Can I get out of an alarm contract?

    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...

    Robert’s Answer

    go to the fine print, org. read and understand what they tricked you into agreeing to. You will be surprised, Good Luck,

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  • What are the steps in terminating a attorney in Ok.

    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...

    Robert’s Answer

    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.

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  • What happens after I file an objection to a sale confirmation I received no notice of? Will the court order a hearing?

    I submitted an Objection to Confirmation of Sale within 14 days of confirmation. I raised many valid objections. Is there anything else I need to submit to the court or do I just wait for court to return something to me regarding my objection? I h...

    Robert’s Answer

    it is very difficult to answer without access to the court file and without knowing the particularities of the district court you are in, but in general, you will be sent notice of a hearing five days before the hearing takes place. You are wise to keep checking the electronic docket. You can get an attorney to represent you paid for by the Ok Attorney General if the foreclosure is against your home, you reside there and you are trying to keep it. There are of course limits. Google Oklahoma Attorney General Foreclosure Voucher Program for details. Best of luck to you in your search for justice.

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