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What To Do When Foreclosure Attorneys Don't Want To Go Against Banks

Armen Hareyan's picture
Foreclosure attorneys and justice system

What advice would you give this homeowner from Florida who is about to lose her house to foreclosure and has lost her faith in foreclosure attorneys?

Today I read a discussion on a Facebook group where one Florida resident was asking about her options to save her house. What advice would you give her? Here is what she wrote and what group members, some probably mortgage lenders, responded to her.

"I live in Miami florida, I just lost my case in the appeals court (the judges didn't even want to hear my case) my house is going to be sold at the auction at any time. I want to know if there is a way to a sue the bank, for economic damages? what kind of attorney do i need to prove that there is foreclosure froud? By the way I had already talked to several foreclosure attorneys and they say that I cannot sue the bank, in a separated lawsuit,because my foreclosure was already decided. Please help."

A responded, named Donna, said it's a bad deal because you have res judicata (also known as claim preclusio) if it went to appeals. What did you file for in your complaint? Did you ever send them RESPA requests? Look for Federal violations for higher court.

Another respondent, named Heidi is less optimistic. "Good luck with finding an attorney that will go against the system .I was told in IL by an accomplished attorney that he cannot go against system he works in," Heidi replied.

"We have to band all damaged homeowners together and file as many suits as possible against the lawyers that took their homes. File them pro per all at once, and they will not be able to defend against them all," said a person named Randy in a comment.

"I agree with Randy, the banks are too big but the atty's are obtainable, we need to combine our knowledge and paperwork and get going on the lawsuits," agrees Maggie with Randy.

Yet another commenter gives an advice to file for chapter 13 to stop the court sale. "You can file chapter 13 more than once and STOP a court sale," says Gary.

What do you think, what can a person do this situation? How can she be helped?

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