Please help? Deceased mothers house was in foreclosure sold at auction getting calls about getting it back or get half surplus
4 attorney answers
The servicers violated federal statute by refusing to allow you to reinstate the mortgage and "save the house." You have a case against them in federal court.
You are also entitled to the surplus as heirs. You do not need a local attorney for this since it is all done over the phone and by correspondence with the trustee. What you need is someone that specializes in foreclosure and recovering surplus funds from the trustee.
My firm does not take federal cases such as you have against the servicer on contingency, so you would have to pay for the federal lawsuit to reverse the sale. The surplus cases are taken on contingency because you can pay us out of the funds once you get them.
If you retrieve the surplus funds, that will not preclude you from suing on the wrongful actions of the servicer. I hope that helps accept that I would give you one more piece of advice. Find someone you trust, not someone that is targeting you with advertising. There is a payday here for an attorney so get the best.
My responses on this website DO NOT constitute a consultation, nor do they establish an attorney-client relationship. Only a written retention agreement signed by client and myself will establish an attorney-client relationship. For a free consultation with me call Gomez & Simone 855-219-3333.
I don’t think you need a “low income lawyer”. Lawyers are clamoring for your business. You need someone who knows this area of law. Good luck.
This is general advice. You are anonymous. If you PM me I won’t know what it’s about.
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You sound like you have many viable causes of action. Any lawyer who purports to guarantee you a certain result, or who cold-calls you out of the blue is not worth your time. You should consult with a lawyer offline, in confidence, about your options (and the sooner you do so the better). It is fairly easy to recover surplus from the foreclosure sale, however litigation to recover the entirety of your damages (which sound substantial) is another matter. Good luck and be cautious when selecting counsel!
As always, getting quick free answers on the internet is not a substitute for confidential legal advice from a lawyer pertaining to your case. This answer is not intended to be legal advice to be relied on by the asking individual, as legal advice of that level can only be provided after a review of necessary case materials and input from the asking party. Further, no other person should rely on this answer without consulting an attorney as to how it impacts on his or her case. No attorney-client relationship is formed by answering this question.