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.