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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17169
Experience:  B.A.; M.B.A.; J.D.
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During 2008 I signed a reaffirmation agreement and made two

Customer Question

During 2008 I signed a reaffirmation agreement and made two of the new payments. I then received a notice that my house was sold and I needed to move out. I have a letter stating that they received my payments but next time I had to send them to a different department. They said they never received the two payments. I didn't have any money to retain a attorney so I couldn't fight it. Do I have a case? Thank you for any help. Jeffrey Frane
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No I haven't.
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else important you think the Lawyer should know?
Customer: I have the letter stating that they received the payments. I cant think of anything else.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Legal
Expert:  Phillips Esq. replied 5 months ago.

Kindly provide additional information.

Was your loan delinquent at the time of the foreclosure?

When did the foreclosure occur?

In what state is the property located?

Customer: replied 4 months ago.
I was up to date on the reaffirmation agreement. The foreclosure was June 2008 in Litchfield Park, Arizona.
Expert:  Phillips Esq. replied 4 months ago.

Thank you for the information.

If your payment was up to date at the time of foreclosure--that i, if you paid according to your agreement with the lender, then the foreclosure is wrongful. You have a case for wrongful foreclosure.

You may consider retaining the services of a local consumer Attorney to file lawsuit against the lender for wrongful foreclosure. Most consumer Attorneys would take a case on contingent fee basis. This means that the Attorneys may not charge upfront for their fees and would only get paid if they win the cases for the consumers. Even then most Courts award Attorney fees to prevailing consumers. So, you may not have to pay out of pocket to obtain a consumer Attorney to sue the lender for wrongful foreclosure.

You can use the following sites to find local consumer Attorneys:

If you do not have money to retain a consumer Attorney to file lawsuit against the lender for wrongful foreclosure, then you may consider filing complaint with Consumer Financial Protection Bureau. This is the agency that is charged with curbing lenders' financial abuses. Click on the link below to file your complaint:

Goodluck with your case,

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Thank you for your cooperation.

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