You need a foreclosure attorney. Choice of court should be left to him.
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You need an attorney who regularly deals with foreclosure issues.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
One resource would be Max Gardner's web site. He maintains a list of attorneys who practice in the area of both foreclosure and Chapter 13. All of these attorneys have completed a rigorous and expensive three day seminar that focuses on the intersection of Chapter 13 and foreclosure related issues. Gardner is widely regarded as the leader in this field. Many of tho attorneys on his list would be in New York. Good luck.
Please consult an attorney who is licensed in your state to evaluate your case if you have any questions at all. This communication does not in any way create an attorney client relationship.
I agree with the others, however if you are currently in a chapter 13 case the claim against the lender may not belong to you - it may belong to your trustee and it may be property of the bankruptcy estate. You should speak with your bankruptcy attorney to see who owns the cause of action at this time. If it is yours to pursue, then speak with a foreclosure expert.
The answer to your question is very simple. You need an attorney who has experience and understanding in foreclosure law, as well as a familiarity with the latest laws and regulations that have been promulgated in recent times as a result of the robo-signing fiasco and the massive fraud that permeated the mortgage industry. I would also recommend you hire a firm with a proven record in bankruptcy law as the two fields converge on several levels. You have many powerful remedies available to you, and you will find the courts receptive to a well-argued case, though sometimes judges need to be educated. Good luck to you; I regard your type of case as "low-hanging fruit".
You would need to talk to a debtor's rights attorney, or a foreclosure defense attorney about the fraud issue, but it is unlikely to go anywhere since you have no damages. Since you are in chapter 13, likely to stop your foreclosure, it is probable that you should ride out the bankruptcy and catch up your mortgage. Chances are, you know you are behind in payments, and that you owe the money to someone. Defending a foreclosure and complaining "fraud" is not a good long term solution to dealing with a mortgage you are struggling with. Chapter 13 is a better solution, Hopefully, that's all you'll need.
The DiGiulio Law Firm, LLC.
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The Max Gardner comment is on point. The bottom line is you may have a civil fraud claim independent of the foreclosure issue. It sounds like the lender already has a foreclosure judgment. This limits your options. However, if the Chapter 13 was filed prejudgment you may still have a chance to make the lender prove ownership though the proof of claim procedure. This is a very complicated area of intersection of the law. If you disprove the creditor's standing this may complicate getting a plan confirmed, but could give rise to statutory penalties if it has been properly developed.
Your bankruptcy attorney may be able to refer you to someone if he cannot file an adversary proceeding for you in bankruptcy court. It may be too late if you didn't act quick enough on the judgment that has been taken. Sometimes you can set judgments aside if you don't wait for too long under the right facts. You need to go immediately see an attorney handling foreclosures, or google and see if the creditor has a class action filed against them and you can contact that attorney. Good luck.
There are many factors that can affect how best to handle this matter and the best advise is to hire an attorney immediately. Unfortunately the advice above is a guess that is based on very scanty facts. Circumstances of all sorts can change the ultimate answer you need. If you want to know how best to handle the situation, make an appointment with an attorney and get good solid advise based on more exact facts. The money spent might give you the peace of mind you need.