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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2170
Experience:  Practicing Attorney with 10 years experience
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We have filed a law suit against Citi Mortgage. We went

Customer Question

We have filed a law suit against Citi Mortgage. We went through a lengthy, unsuccessful modification. They documents were constantly contradicting, the denial letter stated one resource they used to make their decision is a letter from both parties stating the child support income. We have never received or paid child support in our life. Our income is inflated in the denial letter. I am also 99% positive they have violated the dual tracking law. They have responded denying the complaint. Now I have to respond. Is that called affirmative defenses. I am not sure the format to respond back
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Nd
JA: Have you talked to a lawyer yet?
Customer: Yes they felt we had enough to have a good case. But they want $4000 retainer fee plus $1000 a month until resolved. Plus 40%
JA: What advice did they give you?
Customer: They think citi might offer to pay off our mortgage since we only owe 75k and have a home value of 250000. They said basically I can call the shots
JA: Anything else you think the lawyer should know?
Customer: I could write a book. Their employees are improperly trained or lack of training. They had us go through 6 different processors in one year meaning every time a new processor we had to start the modification process over. That was one of the complaint to the CFPB. their response was we requested a new processor. Which is a lie. Every time we had a new processor we got a letter stating because of internal business change.
Submitted: 1 year ago.
Category: Legal
Expert:  Asad Rahman replied 1 year ago.

I'm happy to answer any questions you have. Once they have filed or answer and they are asserting any counterclaim. Then you do not file affirmative defenses. Those would only be in response to counterclaims by then. You now need to go through discovery where the parties exchange relevant documents and info about the case.

Expert:  Asad Rahman replied 1 year ago.

Let me know what specific questions you have.

Customer: replied 1 year ago.
I am struggling with how to write the discoveries. For example, the situation with the dual tracking. Do I state that on October 14 & 15 we received identical letters both staying that our application is completed and they are in the process of reviewing it. (Basically state what the letter says?) then do I put that on October 17 a foreclosure sale date was processed with (state the attorney firm). This is dual tracking. Do I need to explain the dual tracking law in the discovery statement? Also at the top of the letter do I have it similar as say the summons where it will list the plaintiffs and defendant name on the left and on the right will be the civil court # and etc.
Expert:  Asad Rahman replied 1 year ago.

I would recommend you hire an attorney for this. You do not want to lose your case based on some technicality that citi's attorney might try to use. You do not state your case in the discovery. Discovery is your opportunity to ask them to provide relevant documents and answer questions that might help your case. Here are some samples...

Go to page 25. I had some family members who were similarly duped by citi and are in the process of suing.

Customer: replied 1 year ago.
I have not had a chance to look at the links you sent me. Please correct me if I am wrong with this. One area they have denied is that the citi process was lengthy with contradicting documenfS, leading U.S. to think the process was close to the end. Citi providing any contradicting documents, causing confusion on what documenfS they needed next and what they had. My question is this - would I ask them to provide information on why they are denying that particular complaint? As far as hiring an attorney we are broke. One attorney wanted $4000 retainer fee, $1000 a month until it is finalized and 40% of the settlement. By the time we would pay $1000 a month that would take up a good part of our 60%.
Expert:  Asad Rahman replied 1 year ago.

I understand. I'm not sure I understand your question. Would you like to set up a phone call to perhaps discuss? There would be additional charges

Customer: replied 1 year ago.
I can't open up the links you sent me. The show an error and I copied them so they are exactly what you have sent me. Also what do you mean go to page 25. Page 25 of what.
Expert:  Asad Rahman replied 1 year ago.

Page 25 of the link. Perhaps the period is not part of it. I opened and it is working.

Expert:  Asad Rahman replied 1 year ago.

Otherwise do a search on Google for Texas discovery templates

Customer: replied 1 year ago.
When I write the discovery and I requesting them to produce certain documents.
Expert:  Asad Rahman replied 1 year ago.

Yes any documents like internal emails about your file etc.