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Foreclosure/Bankruptcy attorney negligence? Is there currently anything I can do to help my situation?


QUESTION: Hi, I am located in Missouri & medical problems caused me to get behind on my mortgage payment. I filed a loan modification but it was denied because my fiance is sole provider now, but he is not on the mortgage loan. I received a reinstatement quote from my mortgage company's attorney but I couldn't come up with that much money in a month. I met with an attorney 2 days after I received the email with the loan modification quote, to file for Chapter 13 bankruptcy & he assured me that he would file before the due date that was given in the reinstatement quote email & that everything would be fine. Even though he had everything he needed from me 3 1/2 weeks prior to this due date, my attorney didn't file my Chapter 13 until 20 days after the due date he was given. Since he missed this deadline, the foreclosure proceeded and supposedly my home sold 6 days before my attorney decided to file my bankruptcy. A court hearing is scheduled for next month for a "relief of automatic stay", even though I don't think I was ever even granted an automatic stay in the first place since my attorney missed the deadline I stated above. He said that at the hearing he is going to ask for a continuance until May to request information & confirm the sale of my house. I am severely depressed & panicked & I can't get any straight forward answers from my bankruptcy attorney. I can tell that he is reluctant to even speak with me right now (even through email) & I just don't know what, or if there is anything that I can do to help my current situation? I don't understand why he waited so long to file my bankruptcy & he has not given me an explanation for that yet. Is it a common occurrence for a deadline like this to be missed? Was my attorney negligent? If he was, can or will he be held accountable for his mistakes? I was able to briefly consult with a different bankruptcy attorney over the phone (the rest felt it was unethical to speak to me) but he was very reluctant to believe that my attorney blatantly missed a deadline like this when he clearly knew the deadline & had all of the necessary documents & payments to file, but I am being 100% honest in regards to everything I'm saying & this is exactly the way things happened. I am so distraught over all of this & I have no idea what to do, or if I even can do anything. Are you able to offer some insight and/or guidance on my situation?

ANSWER: I am sorry to hear about your troubles. The
main question I have is did the mortgage company take possession of your home or was it sold to a third party.if it was sold to the mortgage company then you may still have a chance to get it back. However if it was sold to  a third party then we may have a more serious problem.Let me know the answer to this question so that I can advise you further. Thanks.

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QUESTION: I am so sorry it has taken me so long to respond to you. My house was sold to a third party, a loan servicing company. My bankruptcy attorney went to the hearing & they did provide him with proof that a valid sale took place. He called me about a week or so ago & said that since a valid sale did in fact take place, the motion for relief will probably be granted & that decision will be given on April 27th (today). He said that he was going to contact the new owner & see if they will reinstate my mortgage loan or be willing to offer any other options to me in regards to my house. My attorney hasn't called me since he was given the proof of valid sale information, so I don't know yet if he was able to work anything out with the new owner. I know that technically everything was/is my responsibility & if I hadn't had medical problems that lead to financial problems, then I wouldn't have had to file bankruptcy in the first place, so I don't mean to sound like I'm 100% blaming my attorney, I just keep going back to the fact that if he had filed the paperwork by the due date, none of these problems would have ever occurred. If nothing can be done, I just can't help but feel like my attorney should be held responsible for his mistake; even if that just means his future paperwork/cases have to be reviewed by his supervisor to make sure nothing like this ever happens again, at least that would be some kind of repercussion for his error. Do you know what I mean? Do you think I have any options other than suing for malpractice (if it comes to that)? I really don't want to sue anyone or get anyone in trouble, but I also don't want to do nothing and then this happen to other clients of his & it devastate them like it has me & my family.

Thank you for responding & I look forward to hearing from you!

if your attorney was waiting on you for any further documents and or some type of payment to get started then he is okay but if not he could conceivably lose his license for not filing properly and on time.further, he carries insurance for negligence and that type of thing.sometimes it's difficult to find an attorney locally that will sue another attorney locally so you may have to go to the State Bar in order to plead your dilemma.


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James D. Clardy


I have spent the last twenty-five years saving homes from foreclosure in South Carolina. I have extensive experience negotiating with lenders. I have postponed foreclosures for up to four years before the lender finally gave in and let my client keep her home "This is my specialty". One should never give up, even if you think it’s impossible. I know the ropes and can slug it out with the best of them. I can answer questions about what “to do” and what “not to do” during the foreclosure process as well as the pre-foreclosure and post-foreclosure process.


Twenty-five years of stopping foreclosures in South Carolina, to include properties both listed by Realtors and those owned by banks. Foreclosure properties to include pre-foreclosure and post-foreclosure , and what to do next.

I was a Real Estate Broker in South Carolina for the past twenty-seven years.

I have written several articals on E-How

Some college

Past/Present Clients
Thousands over the last twenty seven years

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