My wife had a home that she let foreclose prior to us being married. The bank took the home. The bank is now seeking a judgement on the 2nd home mortgage (80/20 loan). She hired an attorney. Communication has been sparse and there appears to have been nearly no negotiation with the bank for a settlement. Att. apparently received notice of judgement hearing on 9/26/12 to take place 10/23. For some reason she thought it wasn't information we needed until 2 days ago.
We have an offer for settlement thanks to family (bank said 80% and we could come up with 70%). She has not returned phone calls or emails. I'm appalled at the lack of prioritization considering we have 3 business days until the hearing. We have no way to settle or offer 70% since she's MIA. What can we do? Can anyone help us?
I'm sure many of the lawyers that contribute to this site have sympathy for your circumstance. However, I really don't think that we can give you much substantive assistance. Generally, lawyers are prohibited from speaking to an individual that is known to be represented by another lawyer. Having said that, you should probably visit the lawyer's office and possibly consider attending the hearing in the absence of any communication in the meantime.
It isn't clear from your question whether the 2nd mortgage loan on which the bank is seeking a judgment is the loan which was foreclosed. Was the foreclosure on the 1st mortgage or on the 2nd mortgage? Are both mortgages held by the same bank? What kind of foreclosure was it? Was the foreclosure processed through a court? i.e. were you served with a summons and complaint on the loan which was forceclosed? Or was it a nonjudicial deed of trust foreclosure by way of a trustee's sale? Your answers to these questions are important.
As far as lack of communication with your lawyer is concerned, if phone and email communicatin is not successful, then go to the lawyer's office in person and have a chat with him or her.
If you have a court hearing coming up shortly, make sure you contact your lawyer in person about that hearing. Even if you cannot establish contact with your lawyer, you should at attend the hearing in person, explain the problem and ask for a continuance.
It would be prudent to hire another lawyer immediately if your current attorney is neglecting or cannot pay attention to your matter at a critical time.
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If that you have counsel, it would not be appropriate to address your concerns though this forum. You need to get with your retained counsel. The only statement I would make is that you should be sure to attend the hearing.
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