Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
My redemption period in MI ended at the beginning of this month (but I do have a lawsuit that was filed last Nov). I can only say it was the worst feeling in the world. I am sitting in my/their home now but it doesn't feel the same. I have no roots anymore. Having said that, I am going nowhere. The lawsuit was filed in Nov and my attorney told me that the bank requested a postponement until June so he said I will be here another 6-8 months at least.

The attorney representing me maybe good at what he does but he is a paper pusher. He has "his process" and doesn't veer from it. Perhaps when the suit gets going it will be different. In the interim, a friend in another state who had his home sold with no notice got a referral for me from his attorney, one who knows is stuff apparently.

Will it do me any good at this point to contact him since the redemption is passed? My friend who referred him to me suggested there may be additional grounds for a lawsuit that my present attorney is not pursuing. I asked my attorney to explain the grounds to me the other day and all he said was "It's in the lawsuit". Well, it may be but, even though I have a brain, this is not my forte. All I can really see are comments about RESPA, TILA violations and wrongful foreclosure.

I hate to pay 3K to a new attorney if it won't benefit me.

Also, if you haven't already seen it, visit -

http://www.angry-homeowners.com

Perhaps one more voice on the web about this fiasco will help someone, somewhere, some time.

Quote 0 0
The best way to find out about your case potential is to bring your case to see as many lawyers you can. Ask each attorney what can they do for you and your chance of winning. Usually the attorney give free first hour consultation. Then you can draw your conclusion before you hire an attorney

Here is the list of lawyers from Neil Garfiled website.
http://livinglies.files.wordpress.com/2008/08/lawyers-that-get-it-0310.pdf


Quote 0 0
I do have an attorney but he is driving me crazy. I have been begging him to file a motion in court so that I will not get an eviction notice place on my home - redemption period ended on May 4. He keeps telling me it is not necessary and that he has told me this many times. Well, perhaps he has but he is not explaining it in a way I can understand it. I know Chase asked for a hold on the lawsuit until June - but does that automatically extend the redemption period in Michigan? And what about the new owner - they sold it to a third party. What is to stop him from trying to evict me.

I am at my wits end and can't afford to get another attorney. I need to save every penny in case I am evicted!

How do I file such a motion in court myself?

Quote 0 0
I don't think it would be wise to file motion yourself when you have attorney. It will discredit your attorney to the Court. And  if your motion is not well written you may damage your case. If I were you, I take my case to see many other lawyers and ask them what do they think about filing the motion for you if you hire them. Then listen to what they say. Then talk to your lawyer again and ask him to explain to you why he didn't want to file the motion.

Check on the Bar website Member Search about your lawyer to make sure your lawyer is good lawyer. Go to the court house , ask the clerk to show you cases that your lawyer handled during last 5 years. Look at similar caes handled by other lawyer to see how they win/lost. After doing so, you will know a lot to make your own opnion.

Each lawsuit is different and each lawyer have his/her own strategy that sometimes they don't want to disclose to you. Lawsuit is a war. Each motions has to be well written and fit into a strategy in order to win.

To help you to understand the lawsuit, perhaps you can read the Civil Practice Rules and Procedure of your state  and Federal Civil Rules and Procedure .  You may find them in your state Bar website or by google .
Best wishes


Quote 0 0
Beside M,

I suggest that you get something in writing regarding why your "attorney" isn't moving your case forward.  This will give you a good understanding of what is really going on.  Also, go see the other attorney, quickly!!!

Don't trust an attorney that is dodging your questions.  It isn't his home that you are worried about.  He has your money, why should he worry?

Give him notice that if he doesn't motion the court, then you will have to and explain to the court why you are having to move pro se.  There are many examples on this site.

Why did Chase postpone until June?  Have you gotten your documents from the recorder's office.  Be sure they are certified.  Is Chase just buying time to get their documents in order?

I'm no attorney and can't give legal advice.  These are simply suggestions and thoughts from my own personal experience. 

It is a shame that you can't trust an officer of the court, but many others that have been down this road will tell you the same. 

Be proactive now!  Do your homework.  This isn't going to fix itself. 

Just a few thoughts, best of luck!

Bob 



Quote 0 0

Before hiring new lawyer, interview 10  lawyers. Show them your case and ask them what can they do for you. You will be surprised how much you can learn during the 1 hour free consultation.

Quote 0 0
Write a reply...