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  1. #1
    Join Date
    Jul 2007
    Posts
    5

    Unhappy Lost Home to Foreclosure and Mortgage Consultant and Lawyer Incompetence

    --Sorry so long--

    Lost Home to Foreclosure and Mortgage Company and Lawyer Incompetence

    We were repeatedly promised by the mortgage consulting company we hired that we would not lose our home. The consulting company has been a nightmare to deal with, we have been repeatedly promised that a step-by-step solution to our foreclosure problem, yet everything we’ve been told has taken a completely opposite turn. We have done everything required of us, even when they call us at the very last minute to do them, which they usually always do. Yet we don’t get our phone calls returned or we’re told that the head councilor is out of the office and will call us back but never does, but even before our payments are due they will put a call into us for that, whereas afterwards we don’t hear from them again until the next payment is upcoming. The lawyers’ that the consultant uses seem to not be competent at all. The first said nothing in court and told me to say nothing as he agreed to everything the eviction attorney was saying, the Judge kept asking our attorney was there anything he wanted to add, it almost sounded as if the Judge herself was pleading with my attorney to speak up on our behalf, yet he said nothing while my insides was just screaming “mention the request for a modification that the lender never responded too!” So we lost the eviction, I call into the mortgage consultants office later that day to let them know what had occurred the head consultant said “hey, I heard you won your case.” WHAT! There was no win, I was told the eviction would proceed. He again promised me this was not going to happen. He could tell how emotional I was because I repeatedly told him that I don’t want my kids to have to go through this, I remember what constantly moving felt like when I was a child, so I was very emotional about what was occurring. He again promised me this would never happen, I probably heard this would never happen about 200 or so times. Well skipping ahead, that attorney quit, and another attorney was brought on. We were scheduled for a court date, the consultant sent my husband and I to the wrong courtroom, as we’re pacing back and forward we run into the now new attorney coming out of another courtroom, so here we are having missed our court date, well not really we were there just given the wrong courtroom. And probably a good hint of something being wrong was as the eviction attorney exited the courtroom the head consultant made a run into the restroom to avoid seeing him then ducks out of the building, we still don’t know why that was. But anyway, we sit to talk to the attorney and get more lies – In short we are told that the judge has allowed him a motion to reappear because the eviction lawyer said that we were given the modification option “which was a absolute lie!” This never occurred and had we been allowed to appear in front of the judge by being given the right courtroom number by both the consulting company and attorney, I would have told this to the judge. After leaving the attorney I put a call into the consulting company, as I usually did after leaving court, to let them know what had occurred, the head consultant again assured me by saying, “everything’s fine, go home and enjoy your house.” To cut to the chase – Constables showed up the other day putting all of our things in trash bags and out in front of our yard. I still feel so humiliated and embarrassed as neighbors looked on. I use to suffer from panic attacks due to stress which had subsided, but I noticed myself repeatedly having panic attacks the very next day and so on. This has been devastating because my husband repeatedly asked the consulting company and attorney about a possible eviction and if they thought one would occur because if so he would rather have our things out instead of placed out in the street just like it had been, it was as if our worst nightmare had come true and we were totally oblivious to it, shoot my husband was getting ready to fix me breakfast in bed and walked into the living room only to find a constable peeping into our window, we were totally shocked! Because we were promised that this would never happen! Our children were out of town for the summer and have no idea that they’ll be coming back to a hotel room. And now we’re still being told what I’ve assumed are more lies, both the consulting company and attorney has said that a motion will be filled and we’ll be back in our home soon. So if anyone has any idea of what they are speaking of can you please explain to me what could possibly be done by them at this point to get us back into our home. By the way, we live in Texas. I feel like we have been so misrepresented by both the consulting company and his attorneys, what a let down. Also, is there anything that we can do to get back into our home, because at this point we seem to be the only ones we can depend and trust in. I swear I feel like a woman that has just been stabbed, raped, and left for dead.

    Thank You

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Lost Home to Foreclosure and Mortgage Consultant and Lawyer Incompetence

    Please state in short, simple sentences, why the foreclosure occurred, why you believe you should have been able to avoid foreclosure, and what exactly it is that you believe the lawyer and consultant did wrong.

  3. #3
    Join Date
    Jul 2007
    Posts
    5

    Default Re: Lost Home to Foreclosure and Mortgage Consultant and Lawyer Incompetence

    Thanks Aaron,

    We had previously filed bankruptcy due to loss of job and falling behind on payments, and in paying such high fees to the trustee we were constantly falling behind on the house payments. We then fell out of bankruptcy but really didn't wanna go the route of getting back in because we knew that going back in would only further get us behind on the house payment. So we opted to try a mortgage consultant which whom I explained that if we can't get a modification we'd like to jump back into bankruptcy to save our home, well he promised us that bankruptcy wasn't going to be necessary and that he'd get us the loan modification. Aaron, I guess I feel that we should have avoided foreclosure by our attorney explaining to the judge that our lender never attempted to work with us. My husband requested the loan modification both by phone and in writing, but got no response from the lender. The lawyer assigned to us by the consultant had this bit of information at the foreclosure appeal, but chose not to disclose or allow me to disclose it, saying the consultant wanted to use “it” for the lawsuit part of “it”. I feel that the consultant and his attorneys have lied, mislead, and deceived us from the start and are continuing to do so. I’m now being told that they are going to now sue for the house. Mind you I don’t know what any of this means, I’ve just recently started searching the web for as much information as I can find on this process and everything I’ve been told by them, because neither one of them has returned our phone calls and are always out of the office when we call.

  4. #4
    Join Date
    Jul 2007
    Posts
    5

    Default Re: Lost Home to Foreclosure and Mortgage Consultant and Lawyer Incompetence

    Another thing I hold them to blame for Aaron, is having a court date for us and not giving us the correct information, we never received the courts information, it apparently went to the lawyer. So although we were at the courthouse we had no idea where to go for the hearing. This probably made the judge feel that we didn’t care about keeping our home. But my husband and I think this was done on purpose so that we couldn't speak on our behalf regarding the unanswered modification request. And then the lawyer and consultant lied making it seem as though things went well in court that day, and we'd be fine, giving me no clue that I'd be out of my house a few days later.
    Aaron, what it seems like to my husband and I, and maybe you can make sense of this, is that they for some reason wanted to lose in the “small court”. So that it could get the “larger court”. We don’t care about all of that, we just simply wanted a loan modification, that’s all we wanted, just a second chance to make good.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lost Home to Foreclosure and Mortgage Consultant and Lawyer Incompetence

    If you don't pay your house payments, you risk foreclosure. If you dismiss your bankruptcy to work with some type of "consultant" or if it is dismissed because you're not making your payments, any stay preventing foreclosure is also dropped. The mortgage lender doesn't have to agree to take less than you owe.

  6. #6
    Join Date
    Jul 2007
    Posts
    5

    Default Re: Lost Home to Foreclosure and Mortgage Consultant and Lawyer Incompetence

    So Mr. Knowitall are you saying that there's nothing that can be done at this point? Are you also a real estate attorney?

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