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Where can I find an attorney to take a great personal injury case? This involves Chapter 7 bankruptcy and foreclosure.

Woodland Hills, CA |

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.

Attorney Answers 5

Posted

Los Angeles County Bar Ass'n (LACBA) Lawyer Referral Service (213) 243-1525 ... or www.smartlaw.org

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Posted

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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7 comments

Asker

Posted

I filed an Adversary Proceeding in the BK and the judge ruled against me WITHOUT ANY EXPLANATION. No analysis of law applied to facts. I do not want to try this case in either the BK court or in the U.D. In the U.D., I get little chance for discovery and run the risk of the issue being Res Judicata. I need a venue where there is discovery, etc. I just need someone who will invest 1/2 hour to hear/fee the facts and the law. I need a gambler who will put in a small amount of time for a large pot.

Michael Raymond Daymude

Michael Raymond Daymude

Posted

If you lost your case in the BK court, you have no case based upon violation of the automatic stay. The BK ruling is res judicata.

William James Waters

William James Waters

Posted

I agree. There is no emotional injury or personal injury case without first proving there was an unlawful foreclosure. If that issue has already been ruled upon by the Bankruptcy Court, whether there was any explanation or not, then that issue is closed (and by extension, your personal injury claim), unless you have a bankruptcy attorney review your case to see if you have any grounds to appeal to the Bankruptcy Appellate Panel. I also do not see a slam dunk case, or really any case at all given these additional facts.

Asker

Posted

I'm pretty well ready to give up. Everyone is spending more time telling me I have little or no case , than it would take to look at the facts and applicable laws. In every lawsuit, there are at least 2 sides and usually two attorneys; each attorney usually thinks he/she is right and will win. You know what? At a trial, one of those positive attorneys will lose. What does that say? I have spent my last pennies on researching this matter and I am legally and factually right. I may lost because no attorney will invest time to actually see the proof, but then, those attorneys will also lose for passing up a good case maybe figuring, "What does she know; she is not an attorney."

William James Waters

William James Waters

Posted

I for one am sorry you feel that way. All of the attorneys here are responding with their honest opinions in order to try to help you. If those opinions are that you don't appear to have a case, based on the facts you have stated, they are still valid opinions. You appear also to be overlooking the excellent suggestions given by attorneys Bunce and Whitaker. You can use the referenced resources to try to find an attorney that specializes in foreclosure cases. That would be the best person to meet with so they can review all of your facts and documentation and determine if you have a case worth pursuing or not. If it turns out you do proceed and are sucessful, I'm sure everyone here would be very interested in hearing the results. Finally, your question is only about an hour old. If you give it some more time, another attorney may respond that might have a different take on your situation.

Asker

Posted

Thank you. Frustration does not bring out the best in most people. My frustration came from thee fact I know the facts and the law, and I am not a stupid person. My frustration is that so far, not one attorney has considered I may be right. And even if a judge did rule on the issue'/acts (which was not the case), that is not the final word. It ain't over until the fat (appellate) judge sings. A trial level decision being found wrong is not unheard of. As I said == Thanks. I do have someone willing to look at the case.

William James Waters

William James Waters

Posted

That's good to hear. Let us know how it goes.

Posted

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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3 comments

Helene Thaissa W. Bergman

Helene Thaissa W. Bergman

Posted

And take this from a lawyer that has done personal injury work in the past, there is no slam dunk personal injury case. They all require a pile work, before anything gets resolved.

Mark Tristram Coffin

Mark Tristram Coffin

Posted

Very perceptive answer!

Helene Thaissa W. Bergman

Helene Thaissa W. Bergman

Posted

Well, isn't that the truth? With Tort Reform, and the insurance, banking industry lobbies, Republicans wearing judge's robes? I had to quit that area, completely, at this point. I don't even take nursing home abuse cases any more. But associate with other lawyers for that type of work.

Posted

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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2 comments

Asker

Posted

Automatic Stay was in place, no prior filings, etc. What happened is not bt be believed until someone sees the factual and legal proof. Related questions were posted on AVVO some time ago and one attorney opined that if the facts he was told were true, the bank was in a lot of trouble, but he is on the East coast.

Helene Thaissa W. Bergman

Helene Thaissa W. Bergman

Posted

East coast west coast, bankruptcy is a federal law. One size fits all. If they foreclosed, in violation of the stay, big trouble.

Posted

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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10 comments

Asker

Posted

My BK trustee abandoned the house after telling the bank's attorney the bank's trustee sale was 100% improper. It's in writing. Trustee put house with a realtor and got 2 bids (one all cash) and both showing thousands in equity. Bank refused to allow the sale or give me title back. Trustee didn't want to fight; she wanted me to waive my homestead exemption so she could sell the house and make more than her base $60. Any attorney who knows what he/she is doing, will see very quickly that if the law is applied to the facts, bank is toast.

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Posted

Respectfully -- The issue of the violation of the Automatic Stay is not Res Judicata. My adversary Proceeding was not opposed/argued on the merits and the court dismissed w/o leave to amend. There was no consideration of the merits of the issue, ergo, no Res Judicate. Researched in depth.

Michael Raymond Daymude

Michael Raymond Daymude

Posted

The judge did not see it your way according to your comment to another answer. That is the opinion that counts. These additional facts support my conclusion that you suffered no damage. I wish you luck.

Asker

Posted

Current law says when there is a wrongful foreclosure (especially with the house sold and a U.D. filed), there are damages for emotional distress. I won't insult anyone by giving the citations. The court never reached the issue of wrongful sale; look at my other comments, this no Res Judicate. Michael; you're local. How about investing the 1/2 hour, meeting me and seeing the FACTS?

Michael Raymond Daymude

Michael Raymond Daymude

Posted

I handle very few cases on a straight contingency basis and because of the issues I believe are present I would not be able to help you. There is, frankly, too much “water under the bridge” – a Chapter 7 BK, a non-judicial foreclosure, abandonment of the property by the Chapter trustee, an adversarial proceeding filed by you because of the foreclosure which was dismissed without leave to amend, i.e., with prejudice, and a pending unlawful detainer – for me to believe you will be successful in your quest. That water creates many issues which will make your case very expensive to prosecute. Might I suggest another alternative? “Cash for keys.” You might be able to negotiate a substantial payment, perhaps in the tens of thousands of dollars, if you are willing to voluntarily vacate the premises. I wish you the best in your search for an attorney willing and able to help. If you have a great case I have no doubt, if you persist in your efforts, you will be able to find one.

Asker

Posted

Bank (attorneys) won't do "Cash for Keys" as they have a cash cow at $450 pe hour in this case (IMO). Respectfully, "without leave to amend" is absolutely not the same as "with prejudice." Prejudice attaches in one of 3 ways: 1) If I dismiss with prejudice, 2) If as a matter of law (think Statute of Limitations) the case can't be won, 3) If there has been a trial on the merits where either all issues that I have raises (or could have raised) and a final judgment has been entered. Yes, I will keep trying. Thanks.

Michael Raymond Daymude

Michael Raymond Daymude

Posted

FRBP 7041. Dismissal of Adversary Proceedings: “F.R.Civ.P. applies in adversary proceedings, except that a complaint objecting to the debtor's discharge shall not be dismissed at the plaintiff's instance without notice to the trustee, the United States trustee, and such other persons as the court may direct, and only on order of the court containing terms and conditions which the court deems proper.” FRCP 41(b); “Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule—except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19 -- operates as an adjudication on the merits.” Accordingly, unless your adversary proceeding was dismissed for lack of jurisdiction, improper venue, or failure to join a party – the dismissal without leave to amend is an adjudication on the merits entitled to claim preclusion or res judicata effect. I now defer to your greater understanding of the facts and law that applies in your case.

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Posted

Dismissal for lack of standing is a jurisdictional matter (or second cousin thereto).

Asker

Posted

Dismissal for lack of standing is a jurisdictional matter (or second cousin thereto).

Asker

Posted

BTW: If I am wrong, I make no apology as since I said before, many attorneys are wrong daily on the applicable law. Every case that goes to trial has a winner and loser, most likely with both being attorneys. I am still waiting to find one attorney who has never been wrong. As I heard once: "Never, ever, equate the law with Justice, they are almost always mutually exclusive."

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