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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 118264
Experience:  Attorney At Law handling education matters.
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I have docket *********** at Essex Superior court and I Paul

Customer Question

I have docket ************ at Essex Superior court and I *********** am the plaintiff suing the bank **************** loan(###) ###-#### I filed this due to I have land court case ****************** where the bank is trying to forclose again for a fifth time. I have loan audits proving bank fraud. robosignings non disclosure etc. my bankrupcy was filed in 2011 by ************** I cant pay 20 grand for a lawyer as my lawyer ************* quoted to litigate but could pay a reasonable fee. I'd like to know the best way to handle this. I have an open case with OCC **********. Should I have ******* Reinstate my chapter 13. Should I wait to see the findings of their investigation? Should I sue???
Submitted: 1 year ago.
Category: Bankruptcy 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 for educational purposes only.
If you have the evidence you claim, you should first make a complaint to the state attorney general's consumer protection unit. You also need to get a suit filed against the mortgage company for unfair and deceptive business practices and for fraud and breach of contract. Reinstating the Ch 13 or filing Ch 7 would at the least delay any foreclosure actions. However, you still need to sue and it should not cost $20K like you were told, since if you prove unfair and deceptive practices you can get a judgment for the other party to pay your attorney's fees. Also, shop around consumer protection attorneys as many of them will negotiate a much lower price than you were told.