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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 22406
Experience:  14 years real estate, Realtor. Landlord 24+ years
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My parents house was foreclosed in Adams County Colorado over

Customer Question

My parents house was foreclosed in Adams County Colorado over a year ago. They had hired a lawyer (still retained) to overturn the foreclosure. The legal team for the bank was granted a Order Motion for Summary Judgment after my fathers deposition (mothers depo never taken) the legal team wrote the request based on a lie that the check was sent late. It was not. My parents lawyer said that there is nothing he can do.

Now Wells Fargo asked my parents to sign an agreement 8 pages long to move out by August 18th. My mother receives home hospice care and finding a house to rent is next to impossible )handicap access ramp, shower ect... My parents asked for more time and their lawyer says that Wells Fargo will not budge. Tuesday 7/29 they have a FED Hearing.

First my parents and I are unhappy with their current lawyer. He does not seem to look out for their own good and never reply to Motion for Summary within the time to respond. He keeps asking for more money and is telling my parents to sign the 8 age contract and receive $2000 and by out of the house by August 18th. HUD is also helping them find a place and told my parents they need more time.

I think (hope) the judge would take into consideration and give them time to find a house that will meet my mom needs. Asking for at least 2-3 months and who cares about the $2000.00. Their lawyer is demanding more money or he will not represent them Tuesday. The kicker is he is doing all the communication with my parents via email and through coworker as he is out of town. I offered to hire new lawyer and ask for continuance.

I am cashing some stock options to more than pay for my parents move/new house and legal cost if necessary. In the mean time when need another experts advice on how to proceed.

Any and all advice is greatly appreciated.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Barrister replied 11 months ago.
Hello and welcome! My name is XXXXX XXXXX X will try my level best to help with your situation or get you to someone who can.
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I am sorry your parents are yet another victim of the housing crisis and have lost their home.
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I have read your comments but am not quite sure what your specific legal question is that I can help with tonight?
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Thanks
Barrister
Customer: replied 11 months ago.

Thanks Barrister.


 


Should my parents go to the FED Hearing Tuesday and ask the judge for more time to find a house. HUD is assisting with finding a house that will be handicap accessible to meet her health needs. But they need more time to find a rental.


 


Would my parents be better off firing their lawyer tomorrow and getting a new lawyer. Can they ask for a continuiance to the FED Hearing while they retain new council. Example of current lawyer attention to detail. The 120 process for the FED states that my parents should had received 7 days to respond before the FED Hearing request and they received a call from their lawyers assistant Friday 7/27in the after noon and she faxed the information to them. Not 7 days


 


Would the judge really give them only 48 hours to move out at the FED Hearing on Tuesday?

Expert:  Barrister replied 11 months ago.
Should my parents go to the FED Hearing Tuesday and ask the judge for more time to find a house.
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They should definitely appear and ask the judge for more time. While their attorney is correct in that in most cases the judge will only grant 48 hours, if he finds that an extreme hardship would result for the occupants, and that there is no additional hardship for the owner/landlord, he can grant a little more time. But to be honest, if he does, it won't be more than a week or ten days. 2-3 months is not going to happen because even though WF is being hardnosed about the situation, from a purely legal perspective, they do have a right to possession of the house now.
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Would my parents be better off firing their lawyer tomorrow and getting a new lawyer.
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Honestly, this would be additional money spent that they could use to find a new place to move to. Getting a new lawyer won't alter the legal situation and the current lawyer would have to withdraw and give a reason before a new attorney could take over. If the judge thinks this is purely for purposes of delay, this would actually hurt parents as he may not grant any extension at all.
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However, if they didn't get at least 7 days to respond to the complaint before the FED hearing, this would be grounds for them to move to have it dismissed for improper service. It is possible that the attorney was sent the notice and just didn't get around to notifying parents.
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This would buy them some more time as the plaintiff would have to refile. But if they filed an Answer, instead of filing a motion to dismiss for improper service, then they would have waived that argument.
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Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 22406
Experience: 14 years real estate, Realtor. Landlord 24+ years
Barrister and 5 other Real Estate Law Specialists are ready to help you
Customer: replied 11 months ago.

Thanks for the help.

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Expert:  Barrister replied 11 months ago.
You are very welcome. Hope I was able to help a bit.
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Thanks
Barrister

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