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  1. #1
    Join Date
    Nov 2007
    Posts
    1

    Question Foreclosure of Home in an Intestate Estate, and Lawyer Conflict of Interest

    I'm not really sure where to start so I'll just touch on a few basics and hope I give enough to maybe get an answer.

    My father passed away '06 in Ohio, he did not have a will, he had a mortgage and a wife also in Ohio. His wife apparently at some point was placed on the mortgage during sale of some of the land and then removed after the sale of some more of the land, without their knowledge, years ago.

    Anyhow, my father dying intestate left the bank to come to the home the day after my fathers funeral to say that he had defaulted on his loan by dying and that they were going to foreclose. Several months passed with this threat of foreclosure, we tried to make payments on the mortgage to save our home but the bank would refuse to tell us how much the payments were as no one was on the loan, but they would accept "blind" payments and hope we hit the payment amount or over. At the same time, my fathers car was also in a loan and they treated it the same as the mortgage loan.

    All the while we had hired a lawyer to go through the probate motions, he continually promised that we would not lose the home one day he just turned up and said "You're going to lose the home and the life insurance won't be paid" the sort of gave up. When we saw that we would, my sister tried to get a loan as well as my mother to try and save our home they were fruitless as one company yanked my sister around for months having us tear down porch walls, fix this, fix that in vain of gaining the loan.

    Anyhow we later learned that our lawyers law firm handled cases for the bank and that our lawyer and his partner were good friends with the bank manager who was harassing us and threatening foreclosure. In the end we lost our home, our lawyers partner bought it at the sheriff's sale, naming his wife and another family member on the deed. And any proceeds went to the bank mortgage, lawyer and the bank's lawyer fees, very little went to pay on my fathers funeral and even less came to my mom.

    I am at a loss and do not understand, I know ethically the bank was wrong in showing up the day after my fathers funeral, harassing me and my family on different occassions personally. But there can't be things done about that I know. But isn't there a conflict of interest that should have forced the lawyer to let us know that their company held cases for the bank at different times? And that when the partner showed interest in purchasing the estate we should have been notified? Especially when our lawyer took his partner out to show him around the out buildings and the lands (but not the house as it was locked) after the purchase at Sherrif's sale?

    I mean right before the sherriff's sale about a week, my mom had found a purchaser for our home but our lawyer said "It's to late, you cannot purchase it because it is going to sale." Effectively chasing the purchaser off. Our lawyer will call my sister in law and speak with her about things that had to do with the case, instead of contacting my mother with it. He called and told my sister in law that the money was sent, when my mother specifically wrote on the document she mailed to the lawyer to get the money to call her and worte her number and new address on the paper, but he ignored it.

    We've been told by different people that this was a "good ol' boys" sort of thing, which I am not sure what that means. But I can't help but feel that my mom was treated very badly and there was an injustice somewhere but I can't figure where. I know I am supposed to relate to just mortgage but I felt I should type more of the backstory for possible understanding? I hope I made sense, its still hard to try and make any sense of it and it's a long twisting story, if you have any questions please ask or you can mail me I think.

    Thank you for your time and ear.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Intestate, Sherrif's Sale, Lawyer Issues.

    There may be a conflict of interest on the part of the law firm. If the bank continued to be a client from time to time, I believe they should have disclosed that to you. If you think there was, you can always complain to the state bar.

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