D
DebateGod
Guest
What is the name of your state? Missouri.
The whole ordeal surrounding my plight is a sordid one, but here is the "Reader's Digest" version:
My parents' house of 16 years was foreclosed on and sold at auction due to a severe financial problem we encountered within the past year. After doing some research of my state laws and consulting with my attorney, I'm pretty sure we should get the sale set aside.
However, the attorney who has represented the Mortgage company on this case, and on the last time they tried to do this, made a grave mistake, in my opinion. In March of 2003, our mortgage got sold from our mortgage company to Fannie Mae (Federal National Mortgage Assn.). A friend of ours, who attempted to save our house at the auction by bidding on it, got a copy of our mortgage, and title, and sale papers, etc. In there, we found that the attorney, who represented the mortgage company, was the one who signed the transfer/sale papers from the mortgage company over to FNMA. The REALLY bad part is that when he appeared before the notary public, he claimed, and signed his name to it, that he was the company's assistant vice president. Upon further research, the company has no record of him being such, and after my personal inquiry into the situation, he has stopped responding. In addition, when the transfer was done, which of course he signed for, it was to be sent to HIS LAW FIRM to be handled.
Okay, so that was long.
My three questions are these:
(1) Do we have legal recourse for real and punitive damages for unlawful action, fraud, negligence, etc.?
(2) Do we have the ability to file a criminal suit against the attorney, in an attempt to have him disbarred and also sentenced?
(3) At BEST, isn't his action a severe conflict of interest, since he signed the transfer, then had it sent to HIS law firm, which he is a partner in?
Based on my research of both federal and state laws, I feel that all three of those are "yes" answers, but I wanted to get some input from others on this situation. I want to nail this SOB.
Thanks for your time
Eric Crinnian
The whole ordeal surrounding my plight is a sordid one, but here is the "Reader's Digest" version:
My parents' house of 16 years was foreclosed on and sold at auction due to a severe financial problem we encountered within the past year. After doing some research of my state laws and consulting with my attorney, I'm pretty sure we should get the sale set aside.
However, the attorney who has represented the Mortgage company on this case, and on the last time they tried to do this, made a grave mistake, in my opinion. In March of 2003, our mortgage got sold from our mortgage company to Fannie Mae (Federal National Mortgage Assn.). A friend of ours, who attempted to save our house at the auction by bidding on it, got a copy of our mortgage, and title, and sale papers, etc. In there, we found that the attorney, who represented the mortgage company, was the one who signed the transfer/sale papers from the mortgage company over to FNMA. The REALLY bad part is that when he appeared before the notary public, he claimed, and signed his name to it, that he was the company's assistant vice president. Upon further research, the company has no record of him being such, and after my personal inquiry into the situation, he has stopped responding. In addition, when the transfer was done, which of course he signed for, it was to be sent to HIS LAW FIRM to be handled.
Okay, so that was long.
My three questions are these:
(1) Do we have legal recourse for real and punitive damages for unlawful action, fraud, negligence, etc.?
(2) Do we have the ability to file a criminal suit against the attorney, in an attempt to have him disbarred and also sentenced?
(3) At BEST, isn't his action a severe conflict of interest, since he signed the transfer, then had it sent to HIS law firm, which he is a partner in?
Based on my research of both federal and state laws, I feel that all three of those are "yes" answers, but I wanted to get some input from others on this situation. I want to nail this SOB.
Thanks for your time
Eric Crinnian