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Timothy D. Smith
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 2010
Experience:  10 years practicing IP law and general litigation
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I am 4 months behind on my mortgage of about 363.65 i pay

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I am 4 months behind on my mortgage of about 363.65 i pay them 400. 00 every month i pay a little extra because i had corporate advavnces that paid my taxes when i fell behind. instead of applying the difference to the corporate advances, they say they are taking the xtra moneys and putting it on my principle . therefore showing me in arrears every month, I have been notified by my Mortgage company, Nationstar, that they intend to foreclose. I have also been told I live in a judicial state where they can actually foreclose on me within 30 days after my intial 30 day waiting period of their letter from their attorneys Butler and Hosch who specialize in foreclosures. Their attorney is Ray L. Wood in Baton Rouge La. They have already served me wit a letter of NOTICEOF DEFAULT AND RIGHT TO CURE DEFAULT dated JUne 7th, 2103 . I have 30 days to verfify this debt and or defend against foreclosure. THeir internal mediation agreement was for to have me pay 2400.00 in arrears in 5 months along with 2600.00 in attorney fees broken down in 5 payments . this will do me little good and put me in a financial bind . they also sent me the government making home affordable government modifaction papers to fill out and to return . I have been told by atorneys in the foreclosure defense side that they have people at the banks get $500 bonuses for every modifaction plan they deny. and in the mean time a 3rd party group has contacted me, the Mcaan Law group in Jacksonville. Fla. who want as much money as i owe the mortgage comapny about $5000. but they say the can fforce them to the table , get some of the arrears and past dues forgiven and get me a better interst rate which is what i need . In the mean time My loss mitigation people with Nationstar are tewlling me to beware of 3rd party scammers who are out to just make money and that will not help me to benefit . How do i check on these people to make sure they are legitimate and if I am going to pay 750.00 July th, and $705 August 8th, that is just their retainer they will stop foreclosure and then pay them 1005.00 for the next 3 months they told me they canot guranteee a modifation and re3duction of interst but they say it is highlt likely . My question is How do I know to trust this 3rd party lawyer group , that they are going to do what they say they are going to do and how do i defend against forclosure ? also I have asked Nationstar who owns my mortgage and all they tell me that it is a private investor . Arent they required by law to tell who the private investor is including their name , telephone no. and adress ? On another house i owned they gave me that info and i was able to negogiate directly with them. I am a disabled veteran and My wife is a stroke victim and she is totally bedridden and I am her caretaker. we also have 6 dogs and 6 cats who are also our family and 2 grandaughters who live with me partime. We cannot afford to loose our house. I cannot even dare to remodel or fix things that are wrong not knowing wheter it is my house or not. I owe them about 40,000.00. I have lived here for 14 years and the original mortgage was around $65,000 and this house would not appraise for $25,000. but it is home to us right now . 1. How can I defend against foreclosure and 2. How can I ask for discovery of the original 125 documents that i signed and make them produce it ? and 3. how can i be assured that this law group is legitimate and the 3rd party people that are wanting us to pay them the retainer fees are legitimate and we know our money is going to go to the Mcann Law group in Jacksonville Fla. ? also when is it too late to file chapter 7 bankruptcy in order to save our home from foreclosure . after they notify us of a sale date and they put our home up for sale , when is the deadline to stop forecloser if 3rd party mediation fails ? WHAT POSIIVE DEFENSES CAN YOU RECCOMEND AND PROPER STEPS DO I NED TO TAKE TO INSURE THEY DO NOT FORECLOSE ON ME AND MY FAMILY ? For the record also after i fell behind 1 payment, there harrassment campeign began they called me constanly every day, and inundated me with letters and mail to the point it confused me and my family and drove me into depression and mental anguish . after i get my mortgage back on track , and out of danger cann i sue them for harrassment and causing me undue stress and mental anguish to the point i could not even think to send them a payment or payments. I asked them to stop calling me everyday and they then started robot calling me 4 to 6 times a day . we would pick up the phone and there would be no answer. we called that number back and it was from the mortgage company . they caused us me and my wife mental anguish and stress and I had 2 heart attacks because of this undue stress. Can I sue them and succeed ?
Submitted: 1 year ago.
Category: Legal
Expert:  Timothy D. Smith replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I will address your questions in the order in which they appear.

 

How do I know to trust this 3rd party lawyer group , that they are going to do what they say they are going to do and how do i defend against foreclosure ?

 

There are a number of ways that you may be able to check on their status. One is to run a check of their name with the better business bureau. Another method of checking on them is with the State Bar Association in their home state. You check to see if they have had complaints filed against them, and if so, how many and for what reason. You may also contact the Consumer Protection Division of the Louisiana Attorney General's Office to see if they have been or are being investigated in any way. Check with the Louisiana Secretary of State's Office to see if they are in good standing as well.

 

Aren't they required by law to tell who the private investor is including their name , telephone no. and address ?

 

Unfortunately, there are not required to share this information.

 

How can I defend against foreclosure?

Unfortunately, the best way to defend against foreclosure is going to be willing and able to enter into some sort of financial arrangement where in you satisfy the short-comings in the short term and work out a more workable payment structure in the long term. There is really no other way around that financial reality.

 

How can I ask for discovery of the original 125 documents that i signed and make them produce it ?

 

The only way to force them to release these documents will be by way of subpoena. There has to be a court proceeding in place for a subpoena to be issued. However, sometimes, a well crafted certified letter with a return receipt requesting this documentation will work as well. Moreover, you may want to call the consumer protection division of the AGs Office to get them to investigate and write a letter on your behalf as well.

 

how can i be assured that this law group is legitimate and the 3rd party people that are wanting us to pay them the retainer fees are legitimate and we know our money is going to go to the Mcann Law group in Jacksonville Fla. ?

 

See the answer above.

 

also when is it too late to file chapter 7 bankruptcy in order to save our home from foreclosure .

 

You must file for bankruptcy protection before the bank has reasserted legal control of the premises. This means you need to file before they have actually obtained the paperwork to kick you out of the house (court order).

 

after they notify us of a sale date and they put our home up for sale , when is the deadline to stop foreclosure if 3rd party mediation fails ?

 

You have to have reached an agreement or received bankruptcy protection before the court has ruled in favor of the lender and issued an order to that effect.

 

WHAT POSIIVE DEFENSES CAN YOU RECCOMEND AND PROPER STEPS DO I NED TO TAKE TO INSURE THEY DO NOT FORECLOSE ON ME AND MY FAMILY ?

 

The only defenses that you have at your disposal will be the fact that you were attempting to actually pay more than required and this all took place by simple misunderstanding on your part. That is really the only defensive argument. Other than that, you are going to have to be able to meet their demands, unless you can persuade them to agree to contrary demands. You also need to make sure that the demands they are currently making are allowed by the contracts that you signed.

 

Can you sue them and succeed?

 

If you were to sue them, the cause of action in Louisiana would be for intentional infliction of emotional distress. You could quite easily prove that they induced stress upon you and your family. The other issue will be showing that they intentionally caused these problems and were not just trying to get money owed to them. Frankly, it would be a hard suit to win unless you have evidence to prove that they acted outside of the norm against you relative to how they treated their other clients. That is not to say that it is not worth it to meet with some local attorneys to discuss the possibilities of filing suit.

 

Let me know if you have any other questions or concerns.

 

I wish you the best going forward.

 

 

 

 

 

 

 

 

 

 

 

 

Customer: replied 1 year ago.

thank you for your answers they make sense but how successful are these 3rd party lawyers that are going to intervene in my behalf and can they mediate a better deal than i can ,,,by the way i am supposed to be on the 60.00 a month unlimited questions plan i should not have been charged 54$ not that your not worth it but i need the ecomomy deal

Expert:  Timothy D. Smith replied 1 year ago.
I cannot comment on the payment issue relative to my services through Justanswer.

As to the third parties, (typical lawyer answer coming here) it depends. Sometimes they can be very successful. This is almost always fact dependent relative to the circumstances of the particular case. I would think they could be relatively successful in your case.

They are almost always more successful than a non-lawyer representing him or herself though. Given the circumstances, it is probably worth it to hire a third party with a solid reputation in the business to assist you with this matter of such great importance.
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 2010
Experience: 10 years practicing IP law and general litigation
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