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  1. #1
    Join Date
    Jun 2019
    Posts
    1

    Default Do We Havwe Any Option After Foreclosure if We Can Prove Fraud

    My question involves real estate located in the State of: California. We hired an attorney in Ca to handle negotiations with our lender for a modification. We had a sale date and we were told to file a bare bones chapter 13 to stop the sale. A motion of stay. We did this and waited for what came next. The new sale date was pushed out a month as we got closer we were told to file another skeletal bare bones we did this. As the third and final sale date became closer we were told to file a third skeletal bare bones and that negotiations were close to being final. We files a third but were not told that we did not receive a motion of stay our house sold the next day. The law firm called and told us the next morning and said they refunded our money. we were shocked when we asked why this happened we were told they weren't aware it was the third filing. They advised us to do all three. We had over 100,000.00 of equity in our home. We have now found out that there was no reason to file the first one the lender had stopped the sale. The best part is that we have found out that the Senior council in the attorneys office could have been an associate of the man that bought our home. This is just was over our heads. but something isn't right. We spent 20 grand trying to save our home. Ive called attorneys they require so much money down. Ive filed with California Bar but can I be doing something else. its a nightmare.

  2. #2
    Join Date
    Oct 2014
    Posts
    7,306

    Default Re: Do We Havwe Any Option After Foreclosure if We Can Prove Fraud

    Quote Quoting j123
    View Post
    My question involves real estate located in the State of: California. We hired an attorney in Ca to handle negotiations with our lender for a modification. We had a sale date and we were told to file a bare bones chapter 13 to stop the sale. A motion of stay. We did this and waited for what came next. The new sale date was pushed out a month as we got closer we were told to file another skeletal bare bones we did this. As the third and final sale date became closer we were told to file a third skeletal bare bones and that negotiations were close to being final. We files a third but were not told that we did not receive a motion of stay our house sold the next day. The law firm called and told us the next morning and said they refunded our money. we were shocked when we asked why this happened we were told they weren't aware it was the third filing. They advised us to do all three. We had over 100,000.00 of equity in our home. We have now found out that there was no reason to file the first one the lender had stopped the sale. The best part is that we have found out that the Senior council in the attorneys office could have been an associate of the man that bought our home. This is just was over our heads. but something isn't right. We spent 20 grand trying to save our home. Ive called attorneys they require so much money down. Ive filed with California Bar but can I be doing something else. its a nightmare.
    You might have at least an action for legal malpractice. But if you want to sue for that, you probably need a lawyer. If you look for lawyers that do legal malpractice cases you should find that they will give you a free initial consultation and if you have a good case that might win a large judgment the lawyer is likely to agree to do it on a contingent fee basis (meaning the lawyer's fee is paid as a percentage of whatever is collected).

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