she was told she had 20 days to respond, she hired a Foreclosure Attorney, she paid his Fee , he cashed the Check and that was about it, here she is almost 5 Month later and a judgement has been entered against her in Court ( she was not informed of the Court Date ) and the Lawyer is not returning her calls, at this there is no evidence that he even tried to contact GMAC or their Lawyers and he did not file any Papers with the Court that he was the Attoeney on Record, what should my Daughter do at this point ?? We need some advise please.
Lawsuit / Dispute Attorney
Your daughter should seek the assistance of another attorney, immediately. There may be ways to open the judgment but promptness is critical.
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I am sorry to hear that your daughter is having these difficulties with her attorney. As my colleague noted, time is of the essence. She should speak to an attorney who is familiar with foreclosure defense and bankruptcy as soon as possible. In addition to foreclosure defense, Chapter 13 bankruptcy may be an option, if she has sufficient income to pay off the arrearage over 36 to 60 months and make the current house payment.
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Consumer Protection Attorney
If your daughter's property is located in Berks County, she could petition to be included in Berks County's Mortgage Foreclosure Diversion Program. Upon acceptance into the Program, a stay is placed on the foreclosure proceedings while the homeowner works with the mortgage company to apply for a modification under the supervision of the Program.
Agree with the previous response, your daughter should seek the advice of a local attorney sooner rather than later. The options available to her reduce the more time that passes after judgment was entered. Many attorneys will offer a free initial consultation.
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I agree with the other attorneys. I assume she also received a notice of the bank’s intention to foreclose in September or earlier and also something called a 10-day notice from the bank’s attorney sometime after the 20 days from service. If both are correct, it will be very difficult to remove the judgment - if neither is correct, she may have some leverage with the bank’s attorney to remove the judgment. She also may have some other limited defenses to the judgment entry but the time to raise this is very short (and I assume the judgment was entered sometime in January or February at the latest).
Regardless, she can ask the bank to modify the terms of the loan, she can pay all of the back payments up to the day of sheriff sale to reinstate the loan, she may also sell the house between now and the sheriff sale if that is a workable option for her. She needs an experienced Pennsylvania foreclosure defense attorney now (not a real estate agent or an attorney who will just file bankruptcy to buy a few months before the bank proceeds with the foreclosure unless she can make the monthly payments in a Chapter 13 Bankruptcy).
Two more thoughts; (1) she should not leave the house even through the sheriff sale; and (2) she should consider filing an ethics complaint or even a malpractice complaint against the first attorney, if warranted, after this is over.