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Do I need a real estate attorney?

Scotts Valley, CA |

I feel I have been taken advantage of regarding the foreclosure of my home. In July of 2011 I contacted my lender to request a loan modification, and was told to stop making payments and submit a loan modification request. I did so, and in December my lender, GMAC, sold my note without letting me know. The new lender, BSI financial, immediately went into foreclosure on my home, and was unwilling to work out a payment plan or another modification. I contacted the law offices of Gene Choe, who I paid $3,500 to represent me against BSI. They filed an injunction, then dropped the case because they didn't think they could win. Since that time, I have spent over $15,000 on legal representation and potential modifications, all of which failed.I am currently in Chapter 13 bankruptcy, which was my only option to save my home.I feel I have been taken advantage of with the payments I made, and lack of anything that worked. I also feel that this all started because I followed the advice of my lender at that time.Can you help?

Attorney Answers 3


  1. Unfortunately, whoever will be helping you will have to charge you something as well. With that said, you have two options: (1) hire a good lawyer or (2) let the house go. I dealt with many people who were in your situation. The bank tells them to stop paying and then refers their loan to foreclosure. It is your decision from this point on if you want to keep on fighting and spending good money after the bad.


  2. You can have another attorney review your situation to determine if the claims you have against your lender are worth pursuing. However, I agree that you must first decide whether you want to continue investing money to fight the bank with no guarantee that you will obtain your desired result.

    By posting on this site or answering/responding to questions does not create an attorney-client relationship and is intended to be an opinion only. My opinion is not intended to be a guarantee or promise of any outcome or result in your matter.


  3. To get a complete answer, you would need to provide more details, such as the terms of your loan modification, did you make payments under the modification, has your Chp 13 plan been approved, are you making payments under that plan now and has your sale been canceled? There are many variables at issue but yes, the whole process of lenders not reviewing borrowers for loan mods until they skip payments have been at issue for many borrowers in the CA court system. You would need to decide if it makes sense to continue to pursue the claims though.

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