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How to deal when Bank and law firm wont?


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I am in foreclosure with bank of america, and have been since late July, 2012. I am putting up a fight, and will keep doing so. In the dunning process, the law firm made some significant errors and we contacted counsel. We are now the lead plaintiffs of a class action suit against this law firm that was just filed last week. 

 

We contacted the law firm today to talk with their loss mitigation department. They hung up on me because they said that we are represented by counsel and unless we drop our counsel, they wont speak to us.

 

We are not represented by counsel in the foreclosure action, only the FDCPA action. These are 2 separate actions, and now the bank and their lawyers refuse to talk with us. I suppose that means the bank knows about the counterclaims I filed in the foreclosure case.

 

I have court next week, and was thinking about appearing with duct tape over my mouth. Seriously.

 

PM me your email if you would like a copy of the complaint that was filed.

 

Any ideas?

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you can do discovery by written communication.  You request what you need, and if they don't provide it by the rules of your court, you file a motion to compel.  Everything in your litigation should be done by written communication anyway so there is no misunderstandings.  Send everything by cmrrr.  Read your rules of civil procedure on discovery it tells you to how to go about it. good luck!

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If you need in person answers, then you will have to pay for depositions at this point. I agree with RA, if you are suing them for violating a law, why would they give you more ammunition. You are going to have to accept that all discovery from this point forward will be through the auspice of the court and strictly under the rules of civil procedure.

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I saw the class action case.

 

This firm is one of the two major law firms who does foreclosures. It's a mill ! They deserve what's coming to them, I have witnessed how many homes they foreclosured on in a whim.

 

I agree with others , they will not talk to you.

You are a represented party, even though the case against them is a separate matter, they will not open themselves up for another FDCPA. So your best option is communicating through court.

 

Keep in mind a law is going into effect that lenders must do everything to prevent foreclosure, that means every possible option must be exercised before all options are exhausted. This law was suppose to go into effect on March 1st but was delayed by IL SCT and will go into effect either May 1st or June 1st not sure.

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I'm not trying to conduct discovery over the phone, per-se, but they do have a loss mitigation department that I was working with since the Bank won't work with us. There is no reason as to why they shouldn't work with us. Thats their duty. Freddie Mac contractually demands it.

 

They already violated the FDCPA again, but I don't really care about it. They know about it too. I pointed it out in my counterclaim (though not as an FDCPA claim). I'm not trying to mess around with them which is why we waited over 9 months prior to filing suit. We wanted to give everyone time to be fair, honest, and forthcoming, but they are taking a different path which is why we felt we had to act.

 

I got a good look at what they really are as a firm though yesterday, however. They didn't answer the phone for several minutes, which meant to me that our account info popped up on the screen and they freaked out. The normally professional demeanor changed to "umm" "cool" "awesome" and frequent long pauses. The whispering puppet on the other end feeding the receptionist what to say was like an echo on a cell phone call.

 

I don't care about the damages in this case. In fact, I told our lawyers that if they work with us prior to class certification we will dismiss, as long as they pick up my costs. I would much rather stay in my home and have the bank follow the contract they also signed then do this song and dance, but I also know that this case is a loser for them and that the amount in damages, attorneys fees and costs of litigation will be tremendous.

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I saw it on Justia !

 

I was checking for consumer filed cases when yours caught my attention ! You're in capable hands ! ;-)

 

I have watched court cases in Cook county and there are always two firms Freedman and this one representing creditors /servicers, they represent the majority of foreclosures. Their attorneys come in with suit cases not folders.

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I have watched court cases in Cook county and there are always two firms Freedman and this one representing creditors /servicers, they represent the majority of foreclosures. Their attorneys come in with suit cases not folders.

 

Yeah and the default stack is higher than Mt. Everest. If even twice as many people showed up and put up some token resistance, the foreclosure process would stop for many.

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I had a good judge , I was against Freedman, but then judge went to appellate court, so I got substitutes ! My case's outcome was short of a miracle.

 

I utilized the same firm you are using and got even. Have a NDA, otherwise the whole world would know what happened !

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