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Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16710
Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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We have a lawyer who has been working on our foreclosure

Customer Question

We have a lawyer who has been working on our foreclosure since 2008 and they were supposed to get us an loan modification but no luck we got denied 4 times also we paid this lawyer 12000.00 for his work now we are going to trial at the end of the month
and they are saying it doesn't look good on top of this all they said that the statute of limitations doesn't apply also the new bank that took over GMAC mortgage has not presented all documents won't so our lawyer is seems like there are not on our side anymore
we don't know what to do we are stuck
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 1 year ago.

Hello. My name is***** will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

I am not permitted to tell what to do in their specific situation or list all of the legal rights that might potential apply in any specific situation, as such legal advice can only be provided by your local attorney, upon review of your entire case.

I can however, provide you with a general answer, if you have a legal question for me?

Customer: replied 1 year ago.
What would be the. Best way to handle this what type of lawyer should I try to find
Expert:  Alex Esquire replied 1 year ago.

Thank you for your follow up.

When was the last time you made payment on your mortgage?

What was your original monthly mortgage amount?

What is the reason(s) that you feel you should not be held liable for the original mortgage?

Customer: replied 1 year ago.
2008 then gmac went bankrupt and after a few years out of the blue green tree took over the morgage with out notifying us they just sent us a bill to pay 135000 to get back on track, now when we were fighting gmac they could not produce all the paper work, and the day we went to court with gmac they did not show up the original amount for payment was 3500
Expert:  Alex Esquire replied 1 year ago.

Thank you for your follow up.

Did you pay your real estate taxes up to now and did you put your original monthly mortgage payments in an escrow every month?

Why did you stop making the original monthly mortgage payments?

Customer: replied 1 year ago.
Well the taxes were paid by green tree and we didn't put money away I wish the lawyer we have set that up for us but they never did advise us on that
Expert:  Alex Esquire replied 1 year ago.

Thank you for your follow up.

While I cannot comment on your specific case, generally, if the mortgage debtor has not made mortgage payments or any other house related payments in about 7 years, it would be very difficult to catch up or to bring account current and unfortunately, the courts do not view favorable people who have abandoned their mortgage obligations, along with real estate taxes and insurance premiums for several years and the fact that your local attorneys were able to keep you in the house "payment-free" for 7 years would reflect very highly on this lawyer's level of legal services / representation provided to you, so it would not be fair or reasonable to say that these lawyers are not on your side, after what they have done to keep you in your house without any payments.

Unfortunately, the foreclosure laws have been eased up and in most cases, the mortgage companies are not required to be in physical possession of all the original mortgage documents in order to foreclose on the property and as long as, the mortgage company / bank submits a sworn affidavit that they did have such documents, but the documents were lost or could not be located, the court would accept such affidavit in lieu of the original documents.

So, with that said, it is generally unavoidable that the mortgage company would foreclose on the property at some point, unless any past due / delinquent mortgage amount is brought current (if the reinstatement amount presented by the mortgage company is inaccurate, that is a separate issue that can be addressed with the mortgage company and they will review the amount and will correct if required). so while it is a good idea to consult with another experienced local real estate attorney to review the entire case and see if there is any feasible legal defense to foreclosure, it is also a good idea to prepare for the worst and either consider reinstating the mortgage by coming up with the past due mortgage payments or to start looking for another place to move, in case if the foreclosure and subsequent eviction take place in the near future.

I wish you the best of luck!

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