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DrakeLAW, Lawyer
Category: Legal
Satisfied Customers: 794
Experience:  Attorney at Drake Law Firm PLC
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We have had our home foreclosed on and feel that it should

Customer Question

We have had our home foreclosed on and feel that it should not have been. We were going for a modification and we only were told by our attorney (who I have sense fired) on July 1 @ 3:20 pm that we were declined a modification and the auction was on Tuesday July 5 which of coarse the 1st day back from a long weekend.
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: My soon to be ex makes plenty of money for a modified mortgage and has not many other bills we were never told why we were declined.
JA: Have you talked to a lawyer yet?
Customer: I had an appt with one but just found out that he doesn't do that, so no I haven't
JA: Anything else you think the lawyer should know?
Customer: The notification he received after the auction claims a bank bought it but I was told our own bank bought it back and there is no mention on the notification of our bank name on it.
JA: 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.
Submitted: 1 year ago.
Category: Legal
Expert:  DrakeLAW replied 1 year ago.

Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

You need to find out if a loan modification was actually submitted to your lender or not. If it was and they still kept open the foreclosure process, they are not supposed to do that under the law, it is called "dual tracking." If it was not actually submitted then there is a problem with the lawyer you fired. There may still be a problem with the lawyer you fired even if he/she did submit the modification package.

You really need to have a lawyer look at this situation asap because time is of the essence if this is a "dual tracking" case.

You can also get further help from the Consumer Financial Protection Bureau:

Thank you for your question. You can still ask clarifying questions if needed until you are satisfied, there is no charge for follow-up questions. It has been my pleasure to assist you and I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question. It is important that you are 100% satisfied with my courtesy and professionalism. Finally, please be so kind as to promptly rate this answer favorably so that I may be compensated and the question may be closed in the system. I wish you the best in your endeavors! –Rich