Calling it a "complex" situation, bank says legal 4closure, BUT "realize" they could've done better & want to "help" us with "some compensation. The UD & 4closure they say they'll TRY 2 remove if poss. I ALWAYS stated if couldn't modify 2 affordable payment, I'd sell home (w/100K+equity) & I had access 2 borrowing funds. Plus my "preservation specialist" told me he didnt know about the CA/hardest hit fund. A 1 time making up arrears. Yet I looked & they r a servicer. He didn't go over all HAMP options. I told him, I'd do ANYTHING b4 a 4closure. He claims didnt recieve last DOCS, but didnt call/say he didnt. 1st he stated he spoke to me, then recanted he just called the house BUT DIDNT leave message, & that 1 of many mistakes cost me opportunity 2 TAKE ACTION, that WOULD HAVE saved my
How much will it cost us to bring a lawsuit the bank? Upfront. I know there must be many variables but approximate. Are there attorneys who will work on a contingency, sorry if spelled wrong, but I heard there was a way to get an attorney who would represent you and take his/her earnings out of the outcome. Is this true or a likely possibility? I apologize for the above attempted shorthand, but I was trying to make all relevant facts fit. There is much more and so much that the ineptness of that specialist, did to cause me to not even know my home was being sold. I had to find out by a third party company, that tried to keep you from being evicted. I didn't believe them at first.
Ethics / Professional Responsibility Lawyer
Foreclosure is a highly technical area. The fact that you are having so much trouble presenting the facts in this complex situation proves that there is no way you can or should represent yourself. The fact that the bank is in effect offering to make a deal with you proves that they have some exposure. Most likley they know that their foreclosure may not stick. What it all adds up to is that you need a lawyer with expertise in defending foreclosures. I don't know how such a lawyer could work on a contingency but you could ask. If you have to dig down to pay a lawyer, it will probably be money well spent. It seems that the alternative is that you lose your house.
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I know where you are coming from, since I see so many of these wrongful foreclosure cases. Unfortunately, however, borrowers in such lawsuits rarely win.
Therefore, it would be best to settle and move on. Even as a contingency fee case, you don't have much of an upside. And if you lose, you may end up paying the lender's attorneys fees and costs.
If you desire to know why these cases are tough, see:
Frank W. Chen is licensed to practice law in the State of California only. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
I agree with the above answers that you should search for a lawyer in your state who deals with foreclosures, and at least get a free consultation to discuss all the facts and circumstances.
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