I have a case against Wells Fargo, N.A. and others for emotional distress due to a wrongful foreclosure.
I'm not your average "whack job" making up some story, etc. I have the law and facts on my side; what I don't have is $$ to fight a big-box firm that bills at $450 per hour.
The story is both simple and convoluted but I guarantee you, the FACTS and the applicable law almost guarantee a winner.
Broad brush picture: Wells Fargo foreclosed on my house and bought it losing me $70,000 in equity, AND, in violation of the automatic stay in my Ch. 7 bankruptcy.
For now, I live in Woodland Hills and can come into your office if it is reasonably close.
Wells Fargo has filed a U.D. against me, but I am handling that myself.
If you gamble 1/2-hourr of you time, you will see I'm right.
In order to have any chance of success on your personal injury claim, I would think you first would have to win your case arguing the in-validity of the foreclosure. For that I would recommend you try to find an attorney that specializes in wrongful foreclosures, not personal injury. If you search online, there are many attorneys out there (and probably some that will respond here) that specialize in handling foreclosure cases and claims regarding unlawful foreclosures. That is where I would suggest you start.
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Chapter 7 Bankruptcy Attorney
INHO, there is never any problem finding an attorney to take a great personal injury case. The world is full of personal injury attorneys that live to make money off of slam dunk cases.
Use the "find a lawyer" search feature here on Avvo to find a compatible attorney near you. Hope this perspective helps!
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Look on your bankruptcy docket sheet to make sure that the automatic stay was in place at the time of the foreclosure. If you recently had filed another bky case, there are only 30 days of automatic stay in place after the second filing. Then it lifts automatically, unless you have petitioned the court to extend the stay, have the hearing within that time period AND the judge grants the extension. None after the third, as I recall.
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IMO, your remedy is in the bankruptcy court. I do not see this as a “personal injury” case. You should speak to your BK attorney about this situation. If you can show a willful violation AND damage you will be able to recover your damages and attorney fees from the BK court.
I doubt, however, you can prove damages because you filed a Chapter 7 and foreclosure would be the inevitable result in nearly all cases once the stay was lifted or your case closed. Your "equity" is a red herring because it was a consensual lien. I do not see a slam dunk.
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