Dear Hoosier Bill:
Regarding the advice from Smiley face J :
"Just work on going forward. The past is the past. Leave it where it belongs and be everything you can be" is good advice for life's problems in general but it really doesn't apply to seeking a remedy if you are a victim of mortgage fraud. Complacency and the que sara sara attitude is part of the reason we are in the mess we currently face.
1) If you are short on funds the class action route may be the way to go. On the negative side it takes much longer and will recover only a fraction of what you are owed. However it also has the distinct advantage of the overall impact a class action can have if successful. (Likely) An example is the recent hefty judgment against Ameriquest which also destroyed what little was left of their reputation resulting in putting them out of business. To me that alone is a huge bonus and you don’t have to dip into your pocket to achieve it!
2) If you sue individually as I intend to do, you will have to put down a retainer for a legal representative which few can afford even if they are lucky enough to find an honest competent attorney. The good news is that if you prevail (less likely than a class action), you recover reasonable attorney’s fees. Additionally you get all actual damages and often have a shot at punitive damages. The time factor is much less as well.
Bill I’m a numbers man par excellence. But unfortunately being right isn’t enough. The problem is that unless you make the Court understand what your point is and prove it, you will likely lose.. The Defense knows this and consequently their strategy is to “muddy-the-water” which is an easy strategy to implement when dealing with numbers.. Unfortunately a confused Court rules in favor of the Defendant. The mortgage crooks know this.. But so do the mortgage specialist attorneys bringing the class actions! Remember they get nothing if they lose and they know how to dumb down the figures<==Absolutely imperative.
Based on what I have read between the lines I think the class action route is the way to go for you. Less work, experts on the case, and no cash outlay. You’ll likely get a small fraction of what you are really owed and/but you’ll help bring these mortgage criminals to justice.
Plano Texas / 972-596-4363