Legal Question in Real Estate Law in Georgia

Fighting bank foreclosure for the 2nd time. The 1st time, a company was to lease my home until it sells. They collected rent, but neglected to pay the mortgage. Because they had power of attorney, I wasn't notified until foreclosure proceedings started. Hired attorney, paid past due mortgage and signed agreement to pay fees, etc. in 12 monthly installments. Mortgage and installments were to be paid to the law firm monthly by cashiers check made out to Wells Fargo, which I've done. Just received notice that foreclosure proceedings have started again because "the contract was terminated". Evidently Wells Fargo is not receiving the money or applying what they are receiving. Now I am incurring more late fees, etc. and they are requesting all fees to be paid up front or the house will be foreclosed. Can't get any answers from forclosure atty or Wells Fargo.

Who's responsible, how can I stop proceedings. I've paid over $10,000 since April, now they want $7500 more or they will foreclose. I've done all they asked the 1st time, can they do that? All they say is there's nothing they can do. The law firm keeps directing me to loss mitigation. Do I need to hire an atty?


Asked on 5/07/10, 11:35 am

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

The only way I know to stop a foreclosure is to file for bankruptcy, even if you just buy some time. I don't do bankruptcy, but I understand you can later dismiss it. Consult with a local bankruptcy attorney.

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Answered on 5/12/10, 1:46 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Who is responsible? You! You say you did all "they" asked the first time but who is "they?". From your post you ,au have been duped by a "company.". Then you got another plan from a law firm. All those Fees you paid should have gone directly to the lender and it was a huge mistake to give a power of attorney. Stop trying to do deals with other people and make a deal in writing directly with the bank.

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Answered on 5/12/10, 2:57 pm


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