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Was this legal malpractice? In mid-2014 I hired an attorney

Was this legal malpractice?In mid-2014 I hired an attorney to work with my home loan servicer on a HAMP I loan modification. I'd been trying since 2009 and had let arrears build up, believing they would be rolled into the modified loan that was apparently not forthcoming. I had just received a notice of default for the first time, and the attorney managed to submit a timely appeal. For a year, he kept the servicer from auctioning off my house. I asked him to handle all communication with them because I was to the point of terror when the mail came. He got them to acknowledge my full gross income and that the house was owner-occupied. However, in June of last year, the servicer received my application and denied it on the same day, June 25. They admit they didn't tell him him in writing. I don't know when they told him, but he notified me on July 6 that the application was declined and that a sale date was set for August 31. He advised me to find an apartment and said he saw no point in continuing. I was mostly moved out anyway, so I took that advice and made an effort to rent the house, which proved impossible given the loan status.) I asked to see the letter, and he said (accurately) there was none. All along I believed he would file a lawsuit on my behalf to stop a foreclosure. He mentioned it an email I still have, and his only employee spoke of his great success in lawsuits filed against loan servicers. He'd written one to file if they hadn't acknowleged my owner-occ status. I didn't believe a new lawyer could be as effective as he because he'd communicated with my servicer for a year and knew my case details. He said he only sued for violations of CHBOR, and that there were none in my case. I disagreed. For one thing, they acknowledged that they didn't notify him in writing of their last denial. Anyway, on Aug 3, I complained to CFPB about being strung along while my arrears grew. It wasn't much of a complaint, but the servicer's response was an eye-opener. They said they denied my application, despite finally getting [adequate] my gross income right, because my arrears were too great to be put into forbearance under HAMP guidelines. I checked, and they were wrong. Mine were less than 30% of my capitalized unpaid principal balance (which the HAMP guide called UPB). They didn't capitalize my UPB. They used the balance without including the overdue interest and escrow payments from 6 years of nonpayment. They must not have known it was a mistake; they explained their method and reason for declining me in their letter to CFPB. Plus there was another method to try (related to MTMLTV) which qualified me, and the servicer didn't try it. Finally, they didn't didn't extend the term of the loan to 30 or 40 years, which must be attempted before a HAMP I is declined. They kept my loan term at 22 years that remained on the original loan, which is why they couldn't get my payment down to 31% of my gross monthly income. I pieced it all together just in time to file for bankruptcy on the business day preceding the scheduled auction. My plan has been confirmed, my balance reduced to the stipulated value of the house, it's at 4% fixed for 30 years, and all is stable. The skeleton Chapter 13 my lawyer advised stung me, though. It meant no stay in my Chapter 11. (None at all. My BK lawyer forgot to ask for even the one-month stay I was allowed and neglected to assert that the filing was no frivolous. I don't know why the servicer didn't move to foreclose!) Getting to the point: The bankruptcy legal costs are close to $50,000, and I have a 5-year plan during which all my disposable income must go to to the unsecured creditor. (That's the servicer; we bifurcated the huge amount I owed). Payments to the US Trustee will total $16,000, and the stipulated balance is $35,000 more than the uncapitalized UPB. The monthly payment will be $1000 more per month than in HAMP I. There is no forbearance "ballon payment," which is great, but unimportant as I don't intend to sell, have no heirs, and owe that money fair and square anyway. I think my attorney should have noticed that the servicer was doing HAMP wrong. If my attorney had looked at the NPV inputs, this would have been obvious. I have since learned that the now-defunct servicer extended loan terms for no one's mods, HAMP or inhouse, and that they had the very lowest rate of HAMP approvals of the big servicers the Treasury tracks. It's 12%, which is 30% less than the second lowest rate—an outlier. (Bank of America's rate is 40%). He also billed me $500/month for a year. I looked back at the contract; it was for $3000 max. Would a complaint that asked for $50K + 16K + (1K/month x 360) (higher loan cost) on the basis of negligence and abandonment fly? Maybe something for the ordeal of Chapter 11 and the loss of privacy and autonomy, as well as reputation and credit score?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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I was named as a co defendant. Was not served personally but

I was named as a co defendant. Was not served personally but handed to wife. Now have notice of default judgement but had no notice of trial date

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P. Simmons

Attorney

Doctoral Degree

35,648 satisfied customers
If you receive a repossession letter and pay the car loan

Hi: If you receive a repossession letter and pay the car loan off can a bank still take your vehicle?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: MA but the bank is in CTJA: Have you talked to a lawyer yet?Customer: nope just made the final paymentJA: Anything else you think the lawyer should know?Customer: no the bank said I missed a payment but was told I could make the final payment for July. So I sent the payment and there nothing owed on the vehicle but they sent a notice of default letter, right to cure & intent to repossessJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.

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Alex J. Esq.

Managing Attorney

Doctoral Degree

22,078 satisfied customers
Can a property management company that manages our HOA take

Can a property management company that manages our HOA take an $80 payment made to the HOA for Monthly Dues and apply it to a $235 Lien Initiation fee? fyi, I never received the Lien Initiation or the Notice of Default, which they are also charging me for. And, neither are listed as charges on any of my billing statements. I only learned of their existence 7 months later, when questioning unexplained increases to my bills; one of which was an increase of $155 to the balance due with no charge reflecting that amount. The explanation was that they applied my $80 payment to the $235 Lien Init, which leaves a balance of $155 and explains the ambiguous charge. Again, my $80 payment was clearly a payment for my monthly dues. Can they take money intended for their client and use it toward payment of attorney's fees that I didn't even know existed?

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Dwayne B.

Juris Doctor

35,728 satisfied customers
Storage company auctioned off personal property without

Storage company auctioned off personal property without notifying me via registered mail nor did they submit a public notice. I was delinquent 2 months. I called to inquire but the associate could not find me in system and mentioned being a new hire and couldn't give me anymore information as to where my things were. I asked that the manager call me asap, I received no call. There is more to situation but to keeping it brief. I live in Hawaii.Feeling betrayed😪

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legalgems

Juris Doctorate

13,762 satisfied customers
First of all, thank you my inquiry. As a landlord, a

Good morning -First of all, thank you for receiving my inquiry.As a landlord, a constable served notice to me of a small claims suit by a tenant. I filed my answer with the court, and was instructed to wait for notification of a court date in order to present my defense.I did as instructed and waited. The next notification I received was a notice of default judgment in the plaintiff's favor because I did not appear in court.I contacted the court, told them I never received notification of a court date, and was told I had 21 days to file an appeal. I spoke with an attorney, and was told the judgment amount was too low to justify retaining counsel, but was advised how to write a request for a new court date. I did as advised, wrote the motion for a new court date, delivered it to the court.I was told at that point that the deadline for this type of motion was 14 days, not 21, and that I was 1 day late, but they would accept it. Apparently, my motion was denied, and again, I have not received notification from the court, simply a verbal statement from the plaintiff that the court told him of the denial.When I contacted the court to inquire about a denial, I was told the motion had indeed be denied, and in order to file an appeal, I must present an appeal bond. I have been unable to find anyone in San Antonio who writes this type of bond, and was informed by several bondsmen that I would not, but that the court would accept cash in 2x the judgment amount.When I contacted the court to verify this information, I was told, "There are people who can help you with this, and they are called lawyers." A supervisor then told me I could write 'it' down, fax 'it' in, and they would give 'it' to the judge, but cannot tell me what 'it' is.Given all of that, I am now 24 hours from passing the deadline to file an appeal, and need assistance in how to proceed.Any assistance would be greatly appreciated.Thank you -Miguel G. Recalde, IMG

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

107,984 satisfied customers
Under FL Civil Law, when a defendant has failed to respond

Under FL Civil Law, when a defendant has failed to respond to Admissions, is the "term" used for Plaintiff's filing notice of same "Default" or something else? This would be done as a prelude to a Motion to Compel that is imminent, but the notice will be filed first to get it on the record and put the defendants on formal notice. Just want to confirm the terminology.

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Irwin Law

Juris Doctor JD

8,808 satisfied customers
Commercial Law Questions: Holder vs Holder in due course A

Commercial Law Questions: Holder vs Holder in due course A Trust is claiming to own my note They claim they purchased the note in*****of an assignment. They claim the note went into default in 2009 and are attempting to collect from that time.They are claiming to be the holder of the note. My position is they can't be considered a holder because they claim the purchased the note with notice of default. Can one be considered a holder if they purchase the note with notice of default. Please giveme a commercial code that allows them to be consider a holder if they purchased the note with notice of default.

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Ely

Counselor at Law

Juris Doctor

64,410 satisfied customers
Legal beacon) If an IA defaults, does the letter give you 30

For Richard (legal beacon)Hello - If an IA defaults, does the letter give you 30 days to resolve the issue? Also, can you appeal for 30 days extra. I guess my question is, can they immediately levy or do they have to send a letter first.

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Richard

Owner

Doctoral Degree

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