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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Is it possible to recover damages of losing our home from

Customer Question

Is it possible to recover damages of losing our home from being forced into short sale and bankruptcy? We were originally with Countrywide, which became BofA. Countrywide original Loan company
two lenders – BofA and Melon Bank NY
1. CW approved Loan Modification then sold to 2nd note to BA. BA stalled and said they had no record of modification even though paper work was sent to them. BA then Sold to Real Time Resolutions and we got the same treatment
2. Melon Bank portion was serviced by HomEq which stalled on every level of modification even though all paper work was done. Then when verbal approved HomEq had troubles and sole to Ocwen. Ocwen never cooperated at any level. After much time and effort they sold to Statebridge which was the most difficult to work with. Hired 2 law firms to assist us and still got no where. It was clear Statebridge wanted our home. They would not accept any payments or partial payments. I had to file ch7 and short sell out home.
Is there anyway
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
What law firms would you recommend?
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Based only on what you have posted, this sounds as if this may be a case of predatory lending (violations of the Truth in Lending Act, Fair Housing Act, and potentially other Federal (or state) regulations) - you should look into at least consulting with a local lawyer as most attorneys that specialize in this type of litigation will take on these cases (at least those with merit) on a contingency basis - meaning they will advance their services and costs of litigation in exchange for a portion of your recovery (so you can sue the bank, either as part of your bankruptcy in an adversary proceeding, or outside of your bankruptcy in state court, without paying out of pocket).

These cases (like other forms of civil litigation) are highly fact dependent (meaning that it will take a review of the actual mortgage case file and the communications you had with the lender) to help determine whether or not there is a claim - but based on what you posted, there is at least sufficient information to make it worth your time to go and speak to somebody.

Due to the complexity of these claims, I highly recommend that you retain a plaintiff's lawyer (also called trial attorneys). Fortunately the majority of these attorneys will provide you with a free consultation, and again, many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment).

You can find local attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Customer: replied 1 year ago.
Using the Bar directories as suggested, is there a way to tell who has been most successful and trustable attorney?
Expert:  CalAttorney2 replied 1 year ago.

AVVO actually allows clients and fellow attorneys to post recommendations and reviews about attorneys, so it gives you some more feedback.

Lexis Nexis runs "Martindale" which has the much older "AV" "BV" "CV" rating system, which (in my opinion) is somewhat antiquated, but is still a peer review based rating system.

Your bar association will tell you of any attorneys that have disciplinary problems (these are usually the ones you simply want to avoid - it doesn't necessarily help you find the best).

Before hiring a lawyer, you will want to go through the consultation - actually speak with them and discuss the case (even if you have to pay for a consult), you want to be comfortable with your attorney, as they are going to be working with you for a lengthy period of time (civil litigation can last 2-3 years easily). It is also good to talk to more than one attorney prior to making a decision. They may have different opinions about your case, and may give you different insight.

Look out for attorneys that promise you nothing but good things. All cases have risk (litigation is inherently risky, and there is a chance you can lose), your attorney should discuss the possible downsides.