Summary
If your bank foreclosed on your home without proper notification or during a loan modification review, you may have a strong case. Highlight the foreclosure cancellation, lack of certified notification, and sale during review in your amended complaint. Consider reaching out to the Arkansas Attorney Generals Office for consumer protection resources and local law schools for pro bono legal assistance. Additionally, the Arkansas Legal Services Partnership can provide free civil legal aid to low-income residents. File your amended complaint by the deadline and explore these resources for further support.Full Conversation
In *, the bank refused a * check from the bankruptcy trustee & proceeded to foreclose on my home. I asThis has been on going case since *
Hi Patricia! That sounds like a complex situation. Which state are you located in? This will help me provide more specific legal information related to foreclosure and bankruptcy proceedings in your area.
I was ordered to be evicted in the foreclosesure trial but I appealed & lost but my case has been on going until last month but I have a pending complaint with the district Court I have until Jan * to make an amended complaint stronger,Im in Arkansas but today I found out from the circuit clerk that the foreclosure was cancelled in * but the bank filed for the deed stating that all prerequisites were met knowing they were not met, they failed to send me a certified letter when they foreclosed to inform me that I didn't qualify for a loan modification, they sold my home while it was still under review for a loan modification saying they didn't know if they did or they didn't send it but their servicer signed an affidavit saying they knew
Patricia, it sounds like you have a strong case due to the bank's procedural errors. Here are some points to consider for your amended complaint:
- The foreclosure was canceled in *.
- The bank failed to send a certified letter regarding your loan modification status.
- The home was sold while still under review for a loan modification.
- A servicer signed an affidavit with potentially false information.
Have you consulted with a foreclosure defense attorney in Arkansas to help strengthen your complaint?
No I can't afford one &legal aid won't help
Patricia, given that you can't afford an attorney and legal aid won't help, you might want to consider the following steps for your amended complaint:
- Emphasize the foreclosure cancellation in *: Clearly state that the foreclosure was canceled and the bank proceeded regardless.
- Failure to Notify: Highlight the bank's failure to send you a certified letter about your loan modification status.
- Sale During Review: Point out that the home was sold while the loan modification was still under review.
- False Affidavit: Stress that the servicer signed an affidavit with potentially false information.
Additionally, you may want to reach out to a local law school. They often have clinics where law students, supervised by licensed attorneys, can provide free legal assistance.
Have you considered approaching a law school for help with your case?
Not yet
Patricia, reaching out to a law school for assistance is a great idea. Law students, under supervision, can offer valuable help. Additionally, you might want to contact the Arkansas Attorney General's Office as they may have resources for consumer protection and foreclosure issues.
Would you like some information on nearby law schools or the Attorney General's Office?
Does the attorney general handle cases like this?
The Attorney General's Office typically handles consumer protection issues and may investigate cases involving wrongful foreclosure practices.
- Contact the Arkansas Attorney General's Office for guidance on your situation.
- Consider reaching out to a local law school for legal assistance.
Would you like information on how to contact the Arkansas Attorney General's Office?
Yes please
Arkansas Attorney General's Office
Phone: (*) *-*
Website: www.arkansasag.govPatricia, contacting the Attorney General's Office could provide valuable assistance for your case. They may investigate wrongful foreclosure practices. Additionally, consider reaching out to a local law school's legal clinic for further help with your amended complaint.
Would you like details on nearby law schools with legal clinics?
Thank you
Patricia, the Arkansas Attorney General's Office can be a valuable resource for your situation. Additionally, here are a couple of law schools with legal clinics that might be able to assist you:
~University of Arkansas School of Law~
Phone: (*) *-*
Website: law.uark.edu
~William H. Bowen School of Law (UALR)~
Phone: (*) *-*
Website: ualr.edu/law
Would you like more information on any specific legal clinic?
Pro bono clinic?
Patricia, the University of Arkansas School of Law and William H. Bowen School of Law both offer pro bono legal clinics. Here are their details again:
~University of Arkansas School of Law
Phone: (*) *-*
Website: law.uark.edu
~William H. Bowen School of Law (UALR)
Phone: (*) *-*
Website: ualr.edu/law
Would you like more information on other resources?
Yes please
Patricia, here are some additional resources that might help you:
~Arkansas Legal Services Partnership~
Phone: (*) *-*
Website: www.arlegalservices.org
They provide free civil legal assistance to low-income Arkansans. Reach out to them for more support with your case.
Would you like more details on any other specific resources?
Thank you
Patricia, it looks like you have a strong case, especially with the bank's procedural errors. Here are some final steps and resources:
- File your amended complaint before the deadline.
- Consider contacting the Arkansas Attorney General's Office and the law school clinics for pro bono assistance.
- Use Arkansas Legal Services Partnership for additional support.
Good luck!
If I contacted the Arkansas attorney general's office what would I say I'm afraid he would say to get a lawyer
When contacting the Arkansas Attorney General's Office, you could say:
"I believe the bank engaged in wrongful foreclosure practices by not notifying me properly and selling my home while it was under loan modification review. Can your office assist with investigating this issue or provide any guidance?"
Would you like more detailed assistance on how to draft your amended complaint?
Yes please to the attorney general
Patricia, when contacting the Arkansas Attorney General's Office, you can use the following script:
"Hello, my name is Patricia. I believe the bank engaged in wrongful foreclosure practices by not notifying me properly and selling my home while it was under loan modification review. Can your office assist with investigating this issue or provide any guidance?"
Would you like help drafting your amended complaint?
Yes please
Patricia, here are some points to include in your amended complaint for the district court:
- Foreclosure Cancellation: Clearly state that the foreclosure was canceled in *.
- Lack of Notification: The bank failed to send a certified letter informing you about your loan modification status.
- Sale During Review: Your home was sold while the loan modification was still under review.
- False Affidavit: The servicer signed an affidavit containing potentially false information.
Make sure to present these points clearly and provide any supporting documents you have.
Would you like additional examples or specific wording for any of these points?
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