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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111601
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Can a attorney assigned to a civil case that I have filed

Customer Question

can a attorney assigned to a civil case that I have filed for wrongful forclosure, then ask for discovery questions, and then when they are sent, he uses and refers to these answers to move forward with a unlawful detainer action? The same loan company, hires a company with attorenys to handle U.d. cases, and an attoreny for my UD case is listed and has shown up in all meeting. However my attorney continues to have discussions with the attoreny from the Ocwen (named company) and he moved forward with my Un lawful Detainer, but the listed attorney on the U.D is the one, whom showed up? Is there not a conflict here? and why would my attorney not address the attoney of record as to the rulings? wouldn't this attorney seek actions from the company, but then be the attoreny to commit such actions on its clients behalf? why does this other attoreny, demand anwsers to questions
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: calfionrIA SORRY. A UNLAWFUL DETAINER JUDGEMENT WAS ENTERED, EVEN THOUGH I NEVER HAD A CHANCE TO BE HEARD. MY ATTONREY AND THIS ATTONERY HAVE SOMETHING STRANGE HAPPENING. ON JULY 8TH A HAD A SCHEDULED HEARING TO COME BEFORE THE COURTS. MY ATTONEY DID NOT SHOW. DID NOT TELL ME ABOUT IT. BUT THE ATTONREY STATED ON THE DOCUMENTS DID. LATER WHEN I ASKED MY ATTORNEY WHY HE WAS A NO SHOW, AND WHY DIDN'T HE TELL ME, SO I COULD SHOW MY CASE, HE SAID THAT THIS OTHER ATTONREY IN MY CIVIL CASE (I AM THE PLANITFF) BOTH AGREED TO CONTINUE THE HEARING. COME sEPT 8 WITH A NOTICE OF CONTINUANCE SENT TO ME, AND STATED IT WAS A CONTIUANCE, DID I SHOW UP AND IT WAS NOW A PROSSOSSION OF JUDGEMENT TRIAL. MY ATTONERY TOLD ME, I DON'T HAVE A RIGHT TO A HEARING IT WAS A FORCLOURE. I WILL PAY YOU FOR SOME ADVICE IN THIS MATTER. I AM GOING TO THE COURTS TO ASK TO BE HEARD TO DAY.. THANKS
JA: Has anything been filed or reported?
Customer: MY ATTONREY WILL NOT SEND ME ANY RECORDS TO THE UD. THE PAPER WORK IS NOT LISED ON THE COURT RECORDS FOR VIEWING. I AM GOING DOWN TODAY. WHAT HAS BEEN RECORDED IS A JUDGEMENT OF POSSISION AND NOW A 5 DAY. ALL WITHOUT EVER GOING BEFORE JUDGE, IN MY CIVIL TRAIL OR THIS UD. COURT. I HAVE A GREAT CASE, BUT NEVER BEEN HEARD? HOW DID THE CONTINUANCE OF A HEARING GO TO A JUDGEMENT OF POSSION WITHOUT ANY NOTICE? I FOUND THAT HE ALSO FILED A CHAPTER 13 bk ON MY BEHALF ON jAN 7TH 2016. i DON'T WANT TO COMPLECATE THE MATTER, I KNOW I NEED A MALPRACTICE ATTORNEY, BUT I AM CONFUSED AS TO THE REPRESENTAIN OF TWO ATTORNEYS IN SEPERATE CASES, BUT THIS ONE ATTORNEY IS ACTING AS BOTH? THANNS
JA: Anything else you want the lawyer to know before I connect you?
Customer: IS THE ATTONREY GOING TO CONTACT ME YOU SAY? IF SO, YES IT IS COMPLICATED, BUT I HAVE TO FILE AN EMERGENCY STAY OF REQUEST FOR U.d TO BE VACATED AND OR THE TWO CASES CONSOLIDATED. I KNOW THAT THERE IS SOMETHING ELSE GOING ON. MY ATTONREY DID NOT GO TO THE CONFER AND MEET AFTER THE JUDGEMENT? SO MANY THINGS BEHIND THE SCENES, BUT I NEED TO ADDRESS THE COURTS TO ALLOW TO BE HEARD. SO I GUESS THAT IT
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, what you are describing could be deemed malpractice for the attorney not addressing the UD issue in your wrongful foreclosure claim if it was part of the foreclosure. I have no idea why he is saying two attorneys in separate cases and this one attorney is handling everything, but regardless of that situation, no matter if there is one attorney or five attorney's representing you, they were supposed to notify you of the UD and seek to defend you if it is part of the foreclosure issue.
So, you need to contact one of them today and tell them they have to file the stay today and that if they do not do so and you suffer losses you are going to hold them accountable for this UD action since they failed to notify you or failed to object to it in a timely manner.
If they are unresponsive, I would get another local attorney to intervene just to get the UD dealt with and then you can take your time to find a legal malpractice attorney to sue the one or two attorneys who have let your case get to this point.
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