Ok.....paid an attorney several thousand..... filed prior to foreclosure and assumed that such a filing would have stopped foreclosure. It did not. House auction....and there was a 30 day window before the court ratified the sale. The attorney did nothing during this window of time to stop the courts approval of sale. Could he have?
What could he have done at this point in time?
Time passes now......
Delay tactics in place now.....My attorney files various motions...Bank addresses Demurrers.....NOVA judge sides with bank..... now my attorney wants to "file motion reconsider" or just appeal to VA Supreme Court for a hefty $10K. Surrender house and avoid Unlawful Detainer- trial in Feb.... Lost Demurrers and will most likely now be out of home in March.
Is it a lost cause now knowing that VA Supreme Court has not reversed any foreclosures and a waste of money to even try.
I paid an attorney prior to foreclosure date in January 2012 to file paperwork to stop foreclosure which was the intent of the filing. The filing did not stop the foreclosure. Since that time.....legal filings have been delay tactics. There was a filing challenging bank with Robo signing, etc. The Demurrers except one were dismissed by the judge. Hoping to file "motion to reconsider". Otherwise, according to attorney, next step is VA Supreme Court. UD trial is set for Feb 2014. This is final "throws". Will be out of house most likely after Feb. VA being a non judicial state leaves a homeowner with little recourse. Judge did not want to hear that there were improprieties by bank and servicers.
What do you think are chances of judge hearing "motion to reconsider?"
Looking for new attorney who will take on post foreclosure or foreclosure reversal challenge in Northern VA.
Did you receive my last comment/concern?
I wish you the best of luck and please let me know if you have any related follow up questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).