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Do we have a case against our mortgage company or the law firm that tried to help us get a loan modification but failed?

Location: Sacramento  |  Law type: foreclosure services

Over a year ago we hired a lawyer to help us get a loan modification.    Except after a year of being told no, then appealing, and then being told we were in underwriting just to be told no again.  Then advised by our lawyer that we needed to file bankruptcy again but this time for real or we would lose the house in a few days.  So, now we were forced to get all the paperwork and certificate done within a few days to save our home.  This would now be the third time in a few months that we filed bankruptcy.  We are now in a chapter 13 bankruptcy payback agreement that is way to high for us to pay.  That is if we want to feed our kids and have gas to get to our jobs.

  • After finally talking to the mortgage company I was told that we would NEVER qualify for a loan modification because we had not made enough payments on our loan since we refinanced.  You have to have made 12 payments and that wasn't even close to the number of payments we made.
  • Our lawyer called the mortgage company way back last year when we started this whole process and went through a series of questions with them to see if we were candidates for them to take on as clients.  One of the questions being Can the Billings loan apply for a loan modification?  They told them yes and we started the paperwork the next day.  There was a series of questions they asked to know if we would be able to bring our loan amount to something more affordable and they answered yes.  
  • Our loan then changed mortgage companies right after we turned in our documents.  So, we were told that we needed to resubmit our paperwork and start all over again.  (The whole time not paying our mortgage).  Never being told this might not happen or maybe you should make the payments while we work on this. NOTHING
  • We now are fighting to make this really high payment of $4680.00 each month to keep our home.

All we want to know is if we have a case against the law firm or the mortgage company?  We are looking to stay in our home and maybe sue for all the stress and fees the mortgage company is having us pay.  They charged us all the lawyers fees and late fees and many other fees now that we have to pay when they could have just told us from the beginning this would never work.

Please help us know if we have a case and maybe who to see about this case.

Legal question "Do we have a case against our mortgage company or the law firm that tried to help us get a loan modification but failed?" has been written 1 month 2 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Sacramento & area of law: foreclosure services. Latest answer commented 1 month 2 weeks ago.
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