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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16184
Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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The person who refer me to the lawyer ,they set me up for me

Customer Question

The person who refer me to the lawyer ,they set me up for me to get a denied modification,and I know I qualify, so they make sure that the referal, can buy my house in auction, now that my modification were denied due to intencional incompetence of my lawyer, my lawyer drop himself from my case, to clean his hand and he sent me the check for I I paid, but before when I hired them they make me sign blank paper in a hurry , saying they will need to start working right away.
I have a hearing for a sale date the next day. I want to keep my house.
what can I do??
Submitted: 10 months ago.
Category: Legal
Expert:  LegalKnowledge replied 10 months ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. What State do you reside in? If you know you qualified for a modification, why was it denied and why did you need a lawyer in the first place?
Customer: replied 10 months ago.

I'm in Florida Miami.


By all the fact the lawyer and his staff explain in the begining I qualify. My mortgage is 1,021 plus 425,00 for scrow. ,so the 31 porcent is 3000.00 they told me so I have the 3,000 in my banks statement. the bank just neede a documents if I receibing child support and I don't know what they told the bank and I get denied. they use dilatory porpose.


I need a lawyer because I don't know the modificacion and foreclosures law, My english is not perfect, and the bank already play trick with me before, they gave me a modification over the phone 2009 I pay the trial payments and they never wanted to give me the writing contract so, thats why I need a lawyer, can;t trust them either

Expert:  LegalKnowledge replied 10 months ago.
Thank you for the additional information. If you want to try and cancel the sale and allow more time for the lender to consider a modification, you would need to file a motion and go before the Judge. I have provided the process for you to review below. Moreover, if the basis is to try and obtain the modification, the necessary documents need to be submitted a head of time. Doing this, may trigger the lender to agree to cancel and postpone the sale, until you can be reviewed.

Procedures for Motions to Cancel Foreclosure Sale

Motions for cancellation of sale which require a hearing will be heard by the FMC Court on a walk-in basis. Check-in for this calendar starts at 8:00 A. M. These hearings commence at 8:30 A. M. in Courtroom 3-3. Motions to cancel sale and reset sale must be in compliance with Administrative Memorandum CIV 12-E. Motions to cancel foreclosure sale will be heard by the Foreclosure Master Calendar(FMC) held in Courtroom 3-3, Miami Dade County Courthouse, located at 73 West Flagler Street, Miami, Florida, 33130

To have your motion to cancel sale or reset sale heard, you must:
File your Motion for Cancellation of Sale with the Clerk of the Courts, retaining a copy of the filed motion for your records. Bring this record to court.

Notify all parties on the service list of the motion and the date of hearing. Notice must be given at the time of filing the motion. Do not wait to notify the other parties.

Establish specific circumstances that constitute a genuine emergency. Your motion must be supported by meritorious reasons.

Include a statement as to the history of the case: the date of the summary judgment, prior sales dates, cancellations and the basis for those cancellations.
If a sale was previously cancelled for loss mitigation, a loss mitigation history and resolution must be included.

Identify a new basis if there have been multiple motions for cancellation.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 10 months ago.

I already file a motion myself but didn't enter any other document, the motion say I'm requestiing a mediation to a judge review my case, and I want to cstop the sale, that it.


The hearing is just like 3 minutes, the only reason I have is the lawyer drop my case, and I really don't know what is happening in my case, Dont supposed the lawyer get in trouble for abandoning the case and leaving me with out option ,short time to do something?

Expert:  LegalKnowledge replied 10 months ago.
You can certainly file a complaint with the Florida Bar and have them look into the actions of the attorney. If the attorney messed up and dropped your case at the last minute, they could be subject to discipline and possible a malpractice suit, if their actions resulted in your losing the home. Mediation is used for you and the lender to sit down and try and come to a solution to resolve this case, to avoid the foreclosure. Mediation should have happened prior to the filing of the foreclosure action or shortly thereafter. If you never went to mediation, that is a basis to stop the sale.
Expert:  LegalKnowledge replied 10 months ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 10 months ago.

You have already replay same answer before.

So can I stop the sale telling and proving the judge of the misrepresentation of the lawyer?

Should I fax a dispute to the bank for denied modification?

Could I quit claim deed my home in someone else name, so the bank can't sale my house nad play them trick like they been doing to me, what are all the options I have????

Expert:  LegalKnowledge replied 10 months ago.
No, you can not. That is not a legal basis to stop the sale since it has nothing to do with the foreclosure action. That is between you and the attorney. It does not explain or provide a reason for the mortgage not being paid and the loan being in default. If you want to dispute the basis for the denial of the modification, you can and ask that the lender review the documents again and cancel the sale until a decision can be made. The quit claim deed will not stop this nor would anyone want to subject themselves to a foreclosure action. If you want to stop this, then reapply for a modification with the lender and then try and file a motion asking to cancel the sale, until a decision can be made.
Customer: replied 10 months ago.

Ok, sorry I was batter on my door, and leave the conversation for a while.


I understand, so the only thing that stop the sale is to ask the bank to review the modification.


Nothing about misrepresentacion will stop the sale at the hearing?

Expert:  LegalKnowledge replied 10 months ago.
If the bank is reviewing the modification they may be inclined to cancel it. However, the issue with the attorney is not directly related to the foreclosure which would give the Judge a basis to cancel it. If you had a defense or basis to bacteria the judgment it would be a different story.
Customer: replied 10 months ago.

what this mean?


If you had a defense or basis to bacteria the judgment it would be a different story.


 

Expert:  LegalKnowledge replied 10 months ago.
That was a typo. It should have read basis to vacate the judgment.
Customer: replied 10 months ago.

The number of answer is unlimited or they will charge me extra for talking to you???


Ok, vacate judment or juridicction excuse, I found in gogle, ...so can I use for example that the bank sent a note but don't explain reason of my denied, they told me by phone, it's because missing an information, then by mail they said it's because they did calculation based on 266.000 as value of t the house and my income is 2989.99 and the real truth is my house valued by dade county page said is only 155,000, so they making error.


the other think is my lawyer say they told him that the reason is because I have due of 75.000 dollars due unpaid on my mortgage

Expert:  LegalKnowledge replied 10 months ago.
They will not charge you extra you just need to make sure when we are done you rate my help with 3,4 or 5 faces so I can get credit. The price that appears on the property appraisers website is not how they value the home. They are entitled to perform their one appraisal and determine the value. Moreover, the amount that is owed and in default does certainly have a direct affect on the modification. The basis to vacate the judgment has to do with the foreclosure itself. It is not related to the modification since it is unrelated.
Customer: replied 10 months ago.

Smiletitle="Smile"/>Ok about unlimited question,nice!


Ok, so in the motion, I have 3 days to go to court, and the bank closed the case, I just found out yesterday when I call, and my lawyer quit,so I don't have any paquege ready cus the lawyer have it, I'm worry anyway that I don't know what contaminated information he wrote in my blanks paper that I signed. So I don't even know the real reason why they denied my modification.

Expert:  LegalKnowledge replied 10 months ago.
You can call the lender and speak with someone in their loss mitigation department. You can ask for the reason of the denial and if the situation has changed or there was an error in the view and correct it. You can also ask that the bank contact their attorney to cancel the sale
Expert:  LegalKnowledge replied 10 months ago.
Did this help clarify things?
Customer: replied 10 months ago.

Sorry my PC got frozen and have to renew Avast to fix the problem.

OK, I already try calling them yesterday and Just me asking to stop the sale wont do nothing, except for gathering, recording what I say to used against me.

So not, till now I have nothing that can help me to resolve this mess :(

So I guess the lawyer and the bank screw me and nothing I can do

 

Expert:  LegalKnowledge replied 10 months ago.

You can file a bar complaint against the lawyer if he screwed you and he could be subject to discipline. Here is a link with the form and the steps you need to take.

http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/AB230E7DCCC3B75385256B29004BD6DC/$FILE/Inquiry%20Complaint%20Form.pdf?OpenElement

Customer: replied 10 months ago.

Thanks! but that is what everyone tell me, I'll do that later, first need to stop the sale and save save my property

Expert:  LegalKnowledge replied 10 months ago.
At this point then you would need to proceed and file the motion, go before the Judge and present your best and strongest argument for the sale to be canceled. Only the Judge can cancel and stop the sale and you need to go before him/her. I previously provided you with the steps that need to be taken and you can do this first thing Monday morning, when the court opens.
Customer: replied 10 months ago.

You already tolme that, but I told you I already file a motion.


What I need is a profesional way to do it, what is the best argument, thatis what I need to know.


so I need to know what it s that i have to do in court at the mediation , that make the judge to stop the sale.


I sign blank paper to the lawyer.


was refer by a guy that buy auctions house who set me up with his lawyer, to mess up my case, so he can buy it.


My lawyer use scarsity , , dilatry strategies, miscomunication with the bank, inactiviti at the begining, drop the case..


Also bank offer a modification years ago, I acomplished the requirements and they didnt give me the written contract etc...most be a form or a name of something to present to the judge to stop the sale, it have to be something

Expert:  LegalKnowledge replied 10 months ago.
I understand what you are saying and asking. I use to manage a case load of over 500 active foreclosure cases in South Florida and represent almost every major lender, in their foreclosures. What I am telling you is that in order for the Judge to cancel the sale, you are going to need to provide him/her with a legal basis, regarding the actual foreclosure and the process itself. The issue between you and your attorney and their failure to do a proper job representing you, will not stop the foreclosure. The reason why is that it has nothing to do with your loan going into default. If you want a proper argument to make, attack the lender and their procedures. If you were given a modification previously and the lender failed to put it into effect, after complying with the conditions, you could have a defense. Show the Judge the offer and everything you did. If you never went to mediation in the case, advise the Judge of that and ask to be sent and during mediation, discuss the modification and why it was not approved. If the lender has done something illegal, use that to vacate the judgment and cancel the sale.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16184
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 13 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

Ok , now we are talking! that last point make more sense!


so should I send a dispute form to the bank to make then open the case, to have something to present to the judge before going to court or I just talk to the judge right there and tell him everthyng about it. even thought That mediation was after the trial period I acomplish but my former lawyer didnt want to talk about it at the mediation, so we didnt tauch the topic, so been years or that, so still work? at that point I only ow a year missed payment, and house was more expensive, bt now I ow more than 3 years, because their fault to follow the agreement of modification.


 

Expert:  LegalKnowledge replied 10 months ago.
Do both. Send it to the lender and also bring it to the attention of the Judge. Also advise the Judge that your lawyer did you focus on this during mediation and has since withdrawn from the case leaving you without any options.
Customer: replied 10 months ago.

ok, sound good! do you have the form that I should sent to the bank?please!

Expert:  LegalKnowledge replied 10 months ago.
I am sorry but one does not exists. You will want to write a letter and send it certified mail along with faxing it to them as well.
Customer: replied 10 months ago.

Oh! it probably won't look professional but I will try that. Thanks, XXXXX XXXXX better idea now of what I should do and don't do. Thanks very much.


If I have more question during the week it will be covered, not extra charge, sorry I only paid and didn't read terms, I was in a hurry just to get answer,


Thank you it takes a while but I have better idea now :)

Customer: replied 10 months ago.

Hi, When I file a motion, do I have to enter all proof with the motion, or I handed to the judge in court day. Also if I already have a hearing for the day before the sale requesting a mediation, do I still have to file a stop sale, since I going to see the judge anyway

Expert:  LegalKnowledge replied 10 months ago.
Yes, when filing the motion, all proof that you have should be attached. A copy should also be given to all parties as well. Moreover, if you want to try and stop the sale, a motion should be filed for that as well, separately.
Customer: replied 10 months ago.

There is a saying said" dont say everything you know" if I give proof and else to plaintiff they will have all advantadge to atacke me, and look for ways around the laws. they knows the laws and I don't have any idea of their move, so


If I give atach with the motion, they will give copies as well...not fair.


I dont have any idea what their plans are

Expert:  LegalKnowledge replied 10 months ago.
That is at your discretion. You need to present a valid argument to the Judge to cancel the sale and he/she may want proof.
Customer: replied 10 months ago.

When a lawyer misrepresent you and you want put complains for mal practice or intentional incompetence or something ,he abandon the case and he give you a check back as refund , so what happen if you cash it????


BTW I lost my request for mediation, as I spected, when I arrived my ex lawyer was talking to the bank lawyer, the the just seem like not samrt enought none trusted and not wisdom to be blind in from of injustice ,so she give the favor to them.

Expert:  LegalKnowledge replied 10 months ago.
The attorney giving you a refund does not excuse the conduct so you can certainly still file a complaint and cash it.
Customer: replied 10 months ago.

Oh that is great! I thought once you cash the check is like releasing him from all his bad conduct even teaming with your opponent to as fraud to get some benefit for himself


 

Customer: replied 10 months ago.

On Bankrupcy, the account that have been paid charge off , and not paid charge off are closed, meaning I don't have to pay them in bankarupcy or do I have to pay them?


 

Expert:  LegalKnowledge replied 10 months ago.
That is a question which you would need to ask a Bankruptcy attorney about. We do have experts in that field, so it would be best to ask them, as I am unsure. I dont want to provide you with false information.

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