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
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.
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:
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