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Old 03-27-2018, 01:22 PM
 
1 posts, read 562 times
Reputation: 10

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jkgourmet suggested I ask this here, so here goes..

COULD REALLY USE A RECOMMENDATION FOR AN ATTORNEY IN THIS SITUATION.
Please, no advice on the specifics, e.g. "you could try negotiating with X." Yes, I could, but this is not something where I can afford to make a mistake. I need an expert.

Just got out of two years of unemployment (this business is rough, layoffs suck and being over 40 is a real problem) and now of course there are some nasty problems to deal with.

First of all, I could use legal advice in defending against foreclosure. I can't afford to pay the bank what is past due but I can afford to make payments going forward. We are working on that (that is, I submitted all the letters, paperwork, etc. they asked for) but I would feel much better with some legal representation.. Wolves don't go after the animal that can defend itself.

I also have a credit card that was written off - they really just couldn't wait one more month for a payment - and I expect I will be sued over that at some point in the near future so I could really use an expert for that as well, as they already violated the FDCPA.

Thanks in advance. It's a bad place to be, but hopefully not the end of the world.
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Old 03-28-2018, 05:11 PM
 
2,819 posts, read 2,585,020 times
Reputation: 3554
Not sure about your income or their current initiative but maybe call legal aid and ask if they would help. I know they did a lot with foreclosures a while ago and if not maybe they have a good referral for you.
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Old 03-28-2018, 05:19 PM
 
Location: Raleigh, NC
19,437 posts, read 27,838,210 times
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I might suggest that you ask your realtor, or any realtor you are comfortable asking, if they have any suggestions.

Or - do you know any attorney's or CPA's? They often can refer you.

I'm assuming that you don't have a Freedie Mac or Fanny Mae mortgage? If you do, you might be eligible for HARP.
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Old 03-29-2018, 09:03 AM
 
Location: Cary, NC
43,292 posts, read 77,115,925 times
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A good experienced short sale attorney could be very helpful, as they negotiate with banks all the time regarding mortgages.

It may help to know what town you are in. There is little need to send you 40 miles across the Triangle.
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Old 03-29-2018, 09:18 AM
 
Location: Raleigh, NC
19,437 posts, read 27,838,210 times
Reputation: 36108
Quote:
Originally Posted by MikeJaquish View Post
A good experienced short sale attorney could be very helpful, as they negotiate with banks all the time regarding mortgages.

It may help to know what town you are in. There is little need to send you 40 miles across the Triangle.
He's in Brier Creek. Thanks, Mike, for reaching out.
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Old 03-30-2018, 07:43 AM
 
Location: Boston, MA
5,345 posts, read 3,214,825 times
Reputation: 6997
Quote:
Originally Posted by ukwildcat View Post

First of all, I could use legal advice in defending against foreclosure. I can't afford to pay the bank what is past due but I can afford to make payments going forward. We are working on that (that is, I submitted all the letters, paperwork, etc. they asked for) but I would feel much better with some legal representation.. Wolves don't go after the animal that can defend itself.
If your mind is made up to seek an attorney then disregard my post. What step in the process are you with respect to foreclosure? I had an identical situation as you had and my mortgage company worked with me on that. Have you sought the various programs offered to keep your house? The bank would rather keep you in it than go through the trouble of going through foreclosure. In my situation, as long as I made the monthly payment (even though I was 2 payments behind) they worked with me to get the loan updated. I, personally, question shelling out thousands of dollars for a lawyer when those payments could go towards keeping my house. Although if your goal is to move on from the house then obviously the lawyer can guide you through that.

Quote:
Originally Posted by ukwildcat View Post
I also have a credit card that was written off - they really just couldn't wait one more month for a payment - and I expect I will be sued over that at some point in the near future so I could really use an expert for that as well, as they already violated the FDCPA.
Generally speaking once it's written off (if you're 100% certain that's the status) you can expect a 1099-C at the end of the year as the cancellation of debt is considered income. What specifics of the FDCPA do you believe they violated?
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Old 03-30-2018, 12:20 PM
 
86 posts, read 123,671 times
Reputation: 133
Honestly, you should consider Bankruptcy. We lost our house after I was laid off in 2010 and the smartest thing we did was talk to Atty about Bankruptcy. We used Travis Sasser in Regency Park - he's a soft spoken man but very, very helpful.

It was a really scary time but our sanity and marriage are better for it.

Good luck
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