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I want to sue my mortgage company, what kind of lawyer do I need?

New Haven, MI |

I have a lot of information, so I will give you the cliff notes verison. In 2007 we built a house, 2008 my wife lost her job, even though she found employment the salary was less so in 2009 we missed a payment. We contacted our mortgage company and asked for some help and they told us we didn't qualify. This ensued for several months when they tried to put us in foreclosure. We ended up going to Chapter 13 in an attempt to save our house, that didn't work and we pulled our house out of the Chapter 13. The mortgage company eventually put us into the foreclosure process, we followed the requirements and they agreed that we qualified for modification. They admitted that they hadn't been counting my wife's employement for the past 3 years. That was back in April, we still haven't heard

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Attorney answers 3


Obviously, but Cliff Notes version of the facts is insufficient upon which to give you a firm answer. I would have to have a full exposition of the facts and series of events before I could provide reasonable counsel.
On the other hand it would appear that you have admitted that you are behind in your mortgage payments, which of course gives the mortgage holder the ability to commence a foreclosure proceeding. You have stated, that you and the mortgage company have agreed to you are qualified for some form of modification. Your complaint appears to be that you have not heard from them since April, and, it appearing that you are still in the home, what precisely is your complaint? You certainly have a right, and perhaps it would be wise, for you to engage in attorney to attempt to move the modification process along. I would hope for your sake that the intervening period of time, and your actions has not changed the circumstances.

To the PROSPECTIVE client, please call myself or another attorney for you choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .


You need a civil litigation attorney licensed in your jurisdiction, preferably with some experience in these types of litigations.

Good luck.

Evan A. Nielsen
1255 W. Colton Ave., #506 | Redlands, CA 92374
Main: 909.363.4658 | Fax: 480.304.3211

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Evan A. Nielsen is licensed to practice law in California. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.


You need a civil litigation attorney with real estate experience. You can use Avvo to find a lawyer in your area who can help you.

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