Need help with attempting home foreclosure
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ContractsCounsel verified
Need help with attempting home foreclosure
Need an attorney to write a response I will file in court for an upcoming court date. I have 2 forensic audits which show [REDACTED] does not own my mortgage. Yet [REDACTED] is attempting to foreclose.
Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: To clarify, when did you get the summons and the complaint?
Hello Dolan, I’m at lunch away from my files to see the answer to that question but I am actively working this issue, had a paralegal helping me from out of state but I believe this is out of her experience area
I am able to send you my response to the court and the plaintiff’s response when I get back to my desk
I have had 2 forensic audits done on my mortgage and they show [REDACTED] does not own my mortgage, though they are trying to foreclose. According to the audits, the mortgage vehicle [REDACTED] is claiming gave them ownership of my mortgage, closed and was dissolved by the FDIC 3 years before [REDACTED] claimed they received ownership through it
Do you have any clue whether [REDACTED] filed a new deed of trust or a lien with your county clerk's office at all?
No but I can go there right now and find out. I know at the time of the forensic audit they had not because it did not show in the audit. Would it help of I went there right now and asked the clerk to help me look
I just spoke with the clerks office on how to find that information I will look and get right back to you. Thank you very much
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Ok thanks - I'm flattered, but the problem is the site doesn't let us represent customers. I'm very sorry. However, a few things to consider: 1. My strongest recommendation is to check to see if a new lien or deed of trust was filed. If one wasn't filed, then you could use that as a defense. If one was filed, then you can see when and how and who signed to have this deed of trust filed. You can usually get copies for like 10 cents per page; 2. Further, it looks like you have some additional evidence like the trust claiming ownership back in 2007 and the FDIC having shut down the company; 3. You make a mention that you have never had a contract with [REDACTED] in the past; however, keep in mind that the law allows parties to assign debts so that argument may fail. Nevertheless, you can argue that the assignment was invalid. You can follow the same argument that Freemont had been shut down so right now there is no proof that they had the authority or actually did assign it; Don't forget you have other options, too: 4. You can file a complaint with the Consumer Financial Protection Bureau here - https://www.consumerfinance.gov/about-us/blog/so-how-do-i-submit-a-complaint/ 5. A complaint with the FTC can be filed starting here - https://consumer.ftc.gov/media/video-0054-how-file-complaint-federal-trade-commission
I don’t have any contacts but try clicking here Also, try this link - https://www.lawyerlegion.com/lawyer-referral-directory You can also try Lawrina - https://lawrina.org/match/ ContractsCounsel.com itself has lawyers you can find as well. - https://app.contractscounsel.com/client/create-project/step-h1 Sometimes, the local law schools can provide free legal assistance, too. Yelp.com is a surprisingly good place to find lawyers. You can also find lawyer on the Legal Services Corporation website. The LSC is an independent non-profit organization authorized by Congress in 1974 to help people find legal aid services (https://www.lsc.gov/what-legal-aid/find-legal-aid). You can also return to this site and ask questions to me as you go through this process to keep your costs down.
Thank you for the resources. I'm a little nervous about reaching out to resources. As pharmaceutical companies fund doctors and medical schools, do you think there would be any concerns such as big banks as [REDACTED] could fund legal resources? I know it's a silly question but I worry.
A new lien or deed of trust was not filed
Totally understand your hesitation. They have plenty of resources, almost unlimited resources. The thing is that their resources cannot change the law or facts here and I think you have a good chance if you take my suggestions.
Thank you for the encouragement. I'm calling legal aid right now for starters and will continue with your list of suggestions. I appreciate your help very much
about filing a complaint with the FTC or Consumer Financial Protection Bureau, is there timing on that that I need to keep in mind? If I filed the complaint with them today would that affect my current court case?
Would filing a complaint with the State of Texas Attorney General's office be a good idea
and on the lawrina or lawyerlegion site, which type attorney specialist would I be looking for?
1. There is generally no specific timing, but keep in mind that the new administration is transitioning, so sometimes there can be a bit of a delay; 2. It doesn't directly affect the case, but an investigation can run concurrently. [REDACTED] has been investigated and found guilty in the past for misconduct - https://www.consumerfinance.gov/about-us/newsroom/cfpb-orders-wells-fargo-to-pay-37-billion-for-widespread-mismanagement-of-auto-loans-mortgages-and-deposit-accounts/ 3. You should look for a real estate or foreclosure specialist.
Is there any way to find attorneys who have already been successful against [REDACTED]
So for this, you'd just have to ask. Not everyone has gone after [REDACTED] and you can't be persuaded by their size and complexity. Many banks, even local ones, must follow the same rules and standards with respect to foreclosures, so I'd ask about their foreclosure experience first.
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Dolan W.
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