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I have been fighting a foreclosure for nine years. In the…

I have been fighting...

I have been fighting a foreclosure for nine years. In the past year my attorney has made several mistakes. I have now found out that he himself has been in foreclosure for several years. I believe his actions are negatively affecting my case. What do I do?He is planning to close his office.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

Florida. Yes there is a long history.

Lawyer's Assistant: Has any paperwork been filed?

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Answered in 58 minutes by:
9/16/2017
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,758
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am sorry to read about your difficulties. However, I need additional information.

What exactly did your Attorney do or not do in your case that is negatively impacting your case?

What is your specific question? "What do I do?" is too broad.

Thank you for your cooperation.

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Customer reply replied 11 months ago
All of the paperwork in my case is fraudulent. The claimed notary on the note has testified under oath that he never did a closing on my condo. There is a false Balloon note. The Receiver for the supposed title company has found that there is no record of a closing on my condo. It is clear that fraud was intended against me from day one. The foreclosure was wrongly filed by David Stern. In state court the first judge dismissed my case and when it was refiled eventually set a hearing for BofA to prove that the paperwork was not fraudulent. He then retired. When we went before the new judge it was clear that she was angry with my attorney. He then told me after that he had had a long standing feud with her. I now believe that the issue probably related to his own foreclosure which has been going on since 2008 and was scheduled for trial this week. I had checked the bar for any claims against him but never checked court dockets until this evening. It is his assistant who has informed me that he is closing his office. He has not informed any of his clients. After the state hearing, before a verdict, I declared bankruptcy. The judge ordered that the issues that I raised regarding the fraud be dealt with in mediation. There was no decision maker at the mediation for the lender which is now Wilmington Trust. My attorney did not advise the court that there was no decision maker. I provided over 100 responses and six complete HAMP packages for a HAMP loan for which I believe I qualified. The bank orally said I was going to get a HAMP loan and then suddenly switched servicing cos. The new servicer started from scratch and then let the clock run out. Again, my attorney has taken no action. I have now completed four payments for trial modification and have been given no terms. The legal assistant in his office has been cut back to one day a week and everyone else has left. I contacted another attorney who has not responded to my inquiry for advice. I would have thought that it would be material information for me to know that my attorney is in foreclosure in the same court in which he is representing me. He missed a docket hearing in my state case and the judge cut a hearing because of that. He missed another status hearing in the BK Court and I was present so there was no penalty. I guess my specific question is do I go to the Court with the situation, seek another attorney, substitute myself? It turns out that his foreclosure case was set for trial September 11 and was postponed to December because of the hurricane. Does the bar allow an attorney to practice who is foreclosed? A mess.

Thank you for the detailed information.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

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I guess my specific question is do I go to the Court with the situation, seek another attorney, substitute myself?

Response 1: Get another Attorney to present your case. However, if you are having trouble obtaining an Attorney, then you need to file Motion with the Court and request for change in the trial date and tell the Court your reasons: your Attorney is not doing his job and you need time to find another Attorney.

It turns out that his foreclosure case was set for trial September 11 and was postponed to December because of the hurricane. Does the bar allow an attorney to practice who is foreclosed? A mess.

Response 2: No. An Attorney is not barred from practicing law because the Attorney is in foreclosure.

You can use the following sites to find local consumer/bankruptcy Attorneys:

Consumeradvocates.org

Lawyers.com

Justia.com

Findlaw.com

Goodluck with your case,

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,758
Experience: B.A.; M.B.A.; J.D.
Verified
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