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Fight or give it up.....This nightmare has gone on for years....It is a long story but here is the jist of it!......

Plainfield, IL |

In 2009 we filed BK. Mortgage was never reaffirmed with Wells Fargo. At the same time we were trying to get a loan mod. with WF. After a nightmare couple of months we got on HAMP plan. We made every payment on time (scheduled with them autopmts). Then after trial told "Investor does not participate" so we were to come up with arrears!! We were asking for help in another modification even though I thought they breeched contract. While waiting we were served foreclosure papers. We were scared our home would be taken so took out hardship loan from husbands 401K. We paid attorneys fees, etc. to reinstate. The payments were still too high so I wrote letter to Pres. of Bank telling him story we got another mod. after many months and they screwed that up too not disclosing any fees to us.

We are now going to court trying to fight pro se. They are trying to ask for judgement. We have to file answer to their motion and go back in May. There will be a hearing then. Either we will win or we wont....

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Attorney answers 6

Posted

What facts do you have that suggest you can win? Or lose? That needs to be the focus for your decision.

Asker

Posted

Paperwork facts. The fact that they told us to stop paying mortgage to get the HAMP is fact. Also the papers themselves show that we were in HAMP then they breeched saying "the investor does not participate" which is crazy. Then putting us into foreclosure while going through modification (which we were "awarded" money in the famous Foreclosure Review....so that proves that they did wrong. Then going through the last modification they did not disclose the fees to us until AFTER the fact. We just are so sick and tired of this and wonder as LAW if we have a chance or just get out....Sorry so long!!:)

Posted

It appears that you have been through a lot and spent a lot to get where you are. Your best bet is to hire an attorney or at the very least consult with one to see what your chances of winning are before giving up.

Asker

Posted

That is very true!! Thank you so much!!

Posted

You need to contact a lawyer who specializes in foreclosures ASAP. There are many remedies that can be brought before the foreclosure court, plus seeking a loan mod. Also I would be wary of any investors or attorneys that have too good to be true short sale options where you can still keep your home. A Chapter 13 case may be a final option to prevent a judicial sale and give you more time.

Asker

Posted

Thank you so much for the info. Do you know of any excellent attorneys that are in the Plainfield area by chance? Cost of attorney?....

Neal Stewart Gainsberg

Neal Stewart Gainsberg

Posted

I can email you the name of a good foreclosure attorney who can provide you with a quote. You can email me at neal@gainsberglaw.com.

Posted

You really need to speak to a real estate attorney who specializes in litigation on mortgage loans, modifications, etc. I have one in our state I send all such cases too and the courts memorandum decisions are very long, very factual, very direct, and each includes different law provisions, damages, penalties and interest, etc attorney fees. So make sure you find one in your state who does litigate those. Check with your bankruptcy attorneys to see if one of them have carved out that unique area. I would never try one as it is a unique area of the law beyond bankruptcy and you want someone experience and learned in it..and not practicing on you! Good luck

Asker

Posted

Yes we do! If I am getting one I want them to be great and really know their stuff! Have you heard of anyone successful with this kind of situation??

Richard D. Granvold

Richard D. Granvold

Posted

The real estate attorney specializing in that area can tell you all the cases involving that situation..I cant as I never litigate them but use an attorney who does. But , as with my student loan cases I do litigate, each case is different and depends on the facts!

Posted

Reading between the lines, I expect that you are not in a position to hire an attorney that will bill hourly to fight the foreclosure. I am not in a position to say where it would go, but I would usually refer a claim like this to a consumer firm that concentrates in violations of the various mortgage acts and regulations and consider other consumer protection provisions. There have been successful cases based on preliminary commitments to loan modifications. Usually, a firm working those cases will do so with a contingent fee agreement.

The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.

Asker

Posted

Thanks so much for your response- and yes we do not have thousands for an attorney billing hourly to fight it. I am not afraid to do it pro se however knowing all the laws of course is tricky with this situation......I thought it would be easier since it is so "cut and dry" in the way we were wronged. with the modifications/foreclosure filings. Consumer FIrm as in???.....

Henry Repay

Henry Repay

Posted

I would be pleased to discuss or respond by E-mail.

Asker

Posted

Ok thank you!!

Posted

Your case is not unusual. We see botched loan modifications regularly. You need to find a law firm with good comprehension and experience in the loan modification arena as well as solid abilities in foreclosure defense. The firm should also have strong capabilities in bankruptcy and mediation to determine all your options. Don't assume you don't qualify or can't get an affordable loan modification, and don't give up. There are so many good modification options out there. However, you do need a good law firm to make sure you get what you deserve. Whatever you do, DON'T GIVE UP! Good Luck, Rick Rogers

Asker

Posted

Thank you so much!! Any recommendations in Chicago area???

Rick Lee Rogers

Rick Lee Rogers

Posted

We are strong in Loan Modification, Foreclosure Defense, Bankruptcy, and Mediation. Have a look at our website to learn more. We've also helped many homeowners in Plainfield. Whatever you do, make sure your attorney is strong on the loan modification and foreclosure defense areas. Also, stop trying to go it alone. You're not making mortgage payments now, so use that savings to pay for a good law firm to represent your best interests. Good Luck, Rick Rogers

Asker

Posted

I will check out the website. Since we have been dealing with this issue for many years we want someone who is STRONG and FEARLESS when it comes to defending this. I worked for a law firm and know some of the law but at this level of course....and not for many years. Thanks again!!

Rick Lee Rogers

Rick Lee Rogers

Posted

Hope we can help you. Rick

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