QUESTION
What type of attorney would I need to sue my ex-mortgage company for breach of contract and vendor negligence?
Asked on Oct 09th, 2013 on Foreclosures - California
More details to this question:
My ex-mortgage company forced us into foreclosure due to them not honoring the adjusted monthly payment that was agreed to. We had to sell our home after fighting the bank for over a year. To add insult to injury, the Sheriff Dept. filed Sheriff Sale docs and took 10K from the proceeds of the sales of our home...AFTER we had a Sale Agreement and Settlement date.
6 ANSWERS
Kenneth Steven Pelsinger
you can sue both the services as well as the mortgage company for breach of contract
Answered on Nov 22nd, 2013 at 11:22 AM
If you can prove it, you have a good case for breach of contract against the mortgage company.
Answered on Nov 18th, 2013 at 12:12 PM
Attorney serving Lewisburg, WV
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Law Office of John Leaberry
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This firm has specialized in representing consumers aggrieved by banks and mortgage companies.
Answered on Oct 09th, 2013 at 6:09 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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A lawyer acquainted with both foreclosure defense and lender-liability law should fill the bill. You may have to look in a large-ish city to find such a person. But if you fought in court and lost, you may not have the opportunity to sue the lender in a new lawsuit. Discuss all the facts with a skilled lawyer.
Answered on Oct 09th, 2013 at 5:21 PM
Ideally, an attorney experienced in real estate law and litigation. The most important thing is to find an aggressive trial attorney with a lot of litigation experience who isn't afraid to go to trial if the case won't settle. Ask about the number of jury trials he/she has done and the results. Knowledge of the specific area of law (in this case foreclosure) is not as important as tenacity and litigation skills. Any good litigator can learn the subject matter.
Answered on Oct 09th, 2013 at 5:21 PM
1 Award
Your best bet is to find a real estate lawyer in your area who has experience with lender/broker liability cases. Such lawyers are paid by the hour and will often require payment of a large retainer upfront, which they bill against. Any such case will likely cost you tens of thousands of dollars to litigate. It is highly unlikely that you will find any lawyer who will take your case on a contingency.
Answered on Oct 09th, 2013 at 4:59 PM