Old 01-09-2009, 06:01 PM   #1 (permalink)
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Angry HELP!!! Someone in my Lawyer's Office Screwed up BIG TIME!!

Hi everyone,

I am MAJORLY stressed out tonight after receiving an email this afternoon from my lawyer, who's representing me against Option One/AHMSI. I have a hearing on the foreclosure matter on Inauguration Day after receiving an automatic stay back last April. He emailed me a request last Sunday for documents relating to the matter and also a copy of the official document granting me Department of the Army Designee Status (so that I can receive medical care through Army medical facilities following donation of a kidney to an Iraq war veteran; I have gone through the donor evaluation there and am awaiting the organ transplant team's decision). I immediately faxed him Option One's response to my QWR and the document from the Army, which he thought he could use to get me a continuance. That was last Sunday, January 4th when I faxed all those papers.

I was beyond shocked upon receiving the email today from my lawyer who said he had never gotten the requested exhibits and that because he didn't have them before the court's deadline, that I would most likely lose in court!!! I immediately sent an angry email to him, telling him that I DID fax those exhibits to him and that someone in his office had most likely screwed things up for me and that he/she is going to answer for this massive blunder. What kind of recourse do I have here?? What, if anything, is my lawyer obligated to do here by way of rectifying this? Can he get the judge to grant a continuance based on this blunder?

Too, he told me that AHMSI's attorney had made an offer which is "If you will consent to judgment, they will only take an in rem judgment, which means that I won’t be liable for any monetary amount. I will also have a 3 month redemption period from the date of the sale, which will give me ample time to move."

Like HELL I will consent to it! I've had enough of being victimized by Option One/AHMSI to roll over and let them take my house when they made it impossible from the very get-go to afford the mortgage; the broker falsified my income and OOMC failed to verify just how much I actually earn in my job... my payments were set at $1,034 a month against my take home pay of $1300. That's beyond unfair; it's criminal!

I told my lawyer in my response that I wanted to negotiate a modification with a chunk of the loan forgiven and restructured to a fixed-rate, 30-year mortgage at 5% interest, with property taxes AND insurance included. Does that sound like a reasonable deal?

Furthermore, I told him that if they didn't agree to my terms, then I would go to the media with my documentary short film, "Predator", which exposes their predatory lending practices (Governor Charlie Crist of Florida has seen it; I've got a personal letter of thanks from him for sharing it with him and the people of Florida). I know it sounds like blackmail here, but the public needs to know just how these sharks operate, and I won't go down without a fight.....

Please let me know your thoughts on this. Now I'm going to go and have a good long cryfest this weekend with a lot of praying--

Sally


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