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My home went to foreclosure due to bankruptcy not being filed

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B

bkfailed

Junior Member
What is the name of your state (only U.S. law)? colorado
I went to a bankruptcy attorney and paid everything in full, including filing fee. Went over all my paperwork with his assistant to verify it was complete. I completed the credit counseling and questionnaire online. I went in on a Tuesday morning with my updated bank statement and signed the final paperwork. His assistant said she was filing me (electronically) that morning which was supposed to stop the foreclosure sale of my home the next day. This was supposed to give me time to pack and move forward. ( 15 years of stuff)
I went online on Wednesday, and my home went to sale. My attorney apologized and said he didn't know what happened but the foreclosure sale was valid. Bought by an investor who was knocking on my door the day after Thanksgiving wanting to know how soon I'd be out.
My question is do I have any recourse against my attorney. And would a full refund of my fees be reasonable to expect? I still have to file bankruptcy due to credit cards and the 2nd mortgage.
Also, I lost pretty much everything except my clothes and pictures. I still have panic attacks of what I might have left behind in the sheer panic and trying to avoid being evicted by surrending the keys. Does that mean anything in the courts eyes?:(
 


H

HomeGuru

Senior Member
bkfailed said:
What is the name of your state (only U.S. law)? colorado
I went to a bankruptcy attorney and paid everything in full, including filing fee. Went over all my paperwork with his assistant to verify it was complete. I completed the credit counseling and questionnaire online. I went in on a Tuesday morning with my updated bank statement and signed the final paperwork. His assistant said she was filing me (electronically) that morning which was supposed to stop the foreclosure sale of my home the next day. This was supposed to give me time to pack and move forward. ( 15 years of stuff)
I went online on Wednesday, and my home went to sale. My attorney apologized and said he didn't know what happened but the foreclosure sale was valid. Bought by an investor who was knocking on my door the day after Thanksgiving wanting to know how soon I'd be out.
My question is do I have any recourse against my attorney. And would a full refund of my fees be reasonable to expect? I still have to file bankruptcy due to credit cards and the 2nd mortgage.
Also, I lost pretty much everything except my clothes and pictures. I still have panic attacks of what I might have left behind in the sheer panic and trying to avoid being evicted by surrending the keys. Does that mean anything in the courts eyes?:(
Click to expand...
**A: something doe snot sound right. Why isn't your attorney filing the petition to put a stay on everything?
 
B

bkfailed

Junior Member
That was the plan on the Tuesday I went in. His assistant assured me that would stop everything. I asked her if she needed anything else from me, she said no. I didn't received any calls or messages to indicate any problems. I was cooking for Thanksgiving, feeling like a huge weight was lifted, when I checked the Public Trustees there it was. I called my attorney in disbelief, he wasn't in but nobody seemed to know what happened. The last message I got from him was Wednesday evening apologizing, again doesn't know why my case wasn't filed...told me to try to relax & enjoy Thanksgiving, and he would try to find the investor to get me more time so I wouldn't be kicked out on the street. I spent Thanksgiving going room by room with my daughter figuring out what we absolutely needed and resolved to leave the rest behind.
 
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