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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 91096
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Im not sure what direction I should be taking at this point

Resolved Question:

I'm not sure what direction I should be taking at this point in my foreclosure.
I have hired an attorney who I have never met but was highly recommended . He evidently exposed David Sterns and brough him down by using an expert witness who does forensic audits. I was told from the beginning that my case had fraud written all over it but I feel we should be countersuing instead of waiting for our day in court. My lender started with Riverside Bank of the gulf coast in 2006 ,now a failed bank.My mortgage was assigned to Mers and then from there evidentally to AHMSI then to RCS .No assignmnets were ever recorded until recently on 11/12. I have been in foreclosure since 12/11. So one year after opposing counsel records these assignments,BACKWARDS. The 1st was purpotedly executed on 8/17/11 assigned from AHMSI to RCS and the 2nd assignmnent of mortgage which was purportedly executed on 10/21/2011 from MERS to AHMSI. We filed for a motion to dismiss because if these assignmnet were true then AHMSI should be the foreclosing entity not RCS. The other arguement was based allonge there was a lack of date and notarization on the purported allonge and the allonge was not firmly affixed to the promissory note and there was ample space to put the assignment on the note.The opposing counsel recorded in the court records a correction of assignments a few month later.Definate fraud and also a voilation of Florida statutes 817.545 Mortgage fraud.—(d) Files or causes to be filed with the clerk of the circuit court for any county of this state a document involved in the mortgage lending process which contains a material misstatement, misrepresentation, or omission.I feel as if my attorney be persuing this and maybe we would get a principle reduction and new terms. Your advice ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you have hired a new attorney who has experience dealing with predatory loans and fraud cases and you have presented him the information you have on the fraud in your case and he had confirmed with his forensic audit, then you need to let him pursue your case. As filing a separate suit, he needs to go through the process first legally in trying to resolve the matter without a separate suit and by objecting to the foreclosure and seeking your damages based on their fraud in your foreclosure case and not a separate suit. There is really no need for a separate suit, because if you prove fraud in the foreclosure case then the court will award you damages in that case or the mortgage company will settle that case with you without separate litigation.

You need to trust the attorney you hired if he has the experience you state he has as he knows and has seen your facts and evidence and if he is pursuing this through the foreclosure action and the OCC, then you need to let him continue to fight your case as he is suggesting to you.



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Customer: replied 1 year ago.

He is not persuing it through the OCC .I came across another firm who does this .My problemis this attorney gets $400 a month for your foreclosure case and is supposedly working on it .I actively have 3 cases and when I questioned about my home file the office couldn't find it. I think it's alot of money to charge $400 a month for a file I thought was in his hands and obviously is not getting worked on. I'm thinking the game plan is to collect as much$ from the client and drag it out instead of quickening up the process with taking the offensive approach with the fraud and maybe getting them to give a principle reduction and permanent mod. I'm afraid with the Banks immunity to the fraud now that I should be persuing another modification because maybe the judges won't care about fraud. Evidentally this is what is going on in Dade county Florida.The judge says have you paid your mortgage if the answer is "No" than the MSJ is granted. I'm afraid the laws will change and they are already in florida they are trying to expediate the foreclosure process.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for clarifying your question, as that was not clear.

If this attorney has not performed any work for the money he is taking pursuant to your fee agreement contract with him, you can sue for malpractice or breach of contract to recover any money you have paid to him. If he is not working on your case you can also file a complaint with the State Bar Disciplinary Counsel for malpractice against the attorney for his conduct in failure to diligently represent you.
Customer: replied 1 year ago.

I have given him checks and have made a direct deposit into his account. He has never given me any sort of contract .He didn't show up for one of our pertinant cases for when we filed for dismissal based on the fraud with filing the assignmnets backwards. Come to find out his name was neveron my file in the court records so he never got notice of it. He also didn't show for a recent hearing because he aid he didn't get notice til the lday before. I am constantly checking the records and emailing him with updates so he is aware. This should be his job ,right? I hired him so I don't have to worry. This women, pro se litigant, is the one that directed me to him. She was working under another local attorney and evidently recruited many homeowners facing foreclosure to switch to my attorney now. I think there is a payment arrangement between them..Since this happened she is not so readily available and when ever I have a question she says to bring it up with My attorney. Can she legally have this kind of arrangement?
She convinced me that she could do a Quiet Title action trough occupational law where I have a failed bank. I have a retainer report from the previous attorney and it say $2,000 was given to her off the top of the depoit for the q.t. action but since then she has done nothing .Do I have any recourse against her if she is not the acting attorney?


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the follow up.

If you have paid him and he has not taken any action, this is a breach of contract, even if you have no written contract. The fact he did not show for a hearing is also malpractice. You can file a complaint against the attorney with the State Bar Office of Disciplinary counsel for this action.

If you paid her then he is the acting attorney, even though he is pretending not to be.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 91096
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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