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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 92712
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Suntrust Loan Modification turned down.

Resolved Question:

We hired a lawyer to help with a home loan modification. The lawyer, although professional, did not do anything to communicate this loss. We were foreclosed upon and lost our home. We did file a NYS Grievance with the Attorney....however, in 8 months time, the committee sided with the Attorney. We are not only interested in obtaining our loss of our home (which in the end my elderly parents did purchase); we are wondering what are options are? The Mortgage Company was Suntrust Mortgage and their modification department kept telling us all that needed to happen was our lawyer needed to call them. When we confronted him, he always stated he was sending them info. Needless to say, we are living in our home only due to our parents purchase. This all happened due to my military loss of income under which I am now 100% Disabled/ Honorably Retired. We are just out of a Chp 13 as of Dec 2012 and now are repairing our credit. In short, there is a lot more to this case. I have all the documents and am trying to find a Lawyer to represent us for foreclosing on two Veterans; one of which loss 3/4 of her income due to PTSD.  Also, the Loan Modification offered by Suntrust was completely unattainable.  They wanted $12,000+ down and then some.  It was just out of our reach on such a short notice.   Thank you. Shelley

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.

The first thing many people do not understand is that in most all situations an attorney or a loan modification company cannot do anything more than the consumer themselves to apply for a modification. An attorney or loan modification service does not have any better chance of getting someone a loan modification than you do. However, if the lawyer misrepresented his services to you and took money up front for the modification contrary to the Federal Trade Commission rules, then you would now have to file suit against the attorney for breach of contract and unfair and deceptive business practices.

Unfortunately, legally, as explained in our terms of service, we cannot represent you or make personal referrals, but you can get a consumer protection attorney at the same sites used by other attorneys in another major city near you, http://www.martindale.com or http://www.hg.org.



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Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 92712
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Law Educator, Esq.
Law Educator, Esq.
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Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.