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Awfavre
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Username: Awfavre

Post Number: 291
Registered: 08-2005
Posted on Wednesday, October 01, 2008 - 7:02 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

Can anyone recommend an experienced, persistent foreclosure attorney (but not a total a-hole) to represent a foreclosed-upon person?

It’s not an issue of inability to pay or a bankruptcy issue. I have a family member who inherited a house, but the bank wouldn’t transfer the mortgage into her name, wouldn’t accept her payments, then initiated foreclosure proceedings. To top it off, the bank transferred the title to the property to itself from the wrong people – the deed’s still legally in the family member’s name. We just want to pay off the redemption amount to keep the property in the family, but the bank’s attorneys will not respond to our calls or letters.

We hired an attorney near where the property is located to look into the matter, but she has decided she does not have enough experience & recommends we get an attorney who specializes in real estate & foreclosures. Even though the property is outstate, the bank’s attorneys are in Metro Detroit, so I’d like someone in the Metro Detroit area.

Any recommendations? Thanks in advance. I can’t tell you how much I appreciate it.
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Downriviera
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Username: Downriviera

Post Number: 1003
Registered: 02-2008
Posted on Wednesday, October 01, 2008 - 9:12 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

Try 313.393.6005 They are very busy and I'm not sure if they are taking on any new cases, but they are very good.
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Billybbrew
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Username: Billybbrew

Post Number: 350
Registered: 07-2005
Posted on Saturday, October 04, 2008 - 11:23 am:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

A high school classmate of mine is an attorney in Southfield and said he could possible help. His name is Terrance Hiller and he normally specializes in bankruptcy, but also has experience with foreclosures. Here is a link to his information if you are interested.

http://www.kompc.com/Bio/Terra nceHiller.asp
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Jiminnm
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Username: Jiminnm

Post Number: 1794
Registered: 02-2005
Posted on Tuesday, October 07, 2008 - 2:04 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

You should contact a probate attorney in the county where the property is located. If the person inherited under a will, the executor (or administrator, as some places use the term) must record documents with the local county clerk transferring title, and the title will still be subject to the mortgage. The bank has no authority to transfer title without first going through foreclosure. The bank may not be communicating with you because the title to the house has not yet been changed, and from their perspective the deceased is still owner.
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Awfavre
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Username: Awfavre

Post Number: 293
Registered: 08-2005
Posted on Tuesday, October 07, 2008 - 2:49 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

Thanks very much for the contact info, Downriviera & Billybbrew. I really appreciate it.

Jiminnm, you’re not telling me something I don’t already know. The recorded documents are very clear in this instance, & they show the bank doesn’t have clean title, because the bank’s law firm messed up the title search & foreclosed on a dead person & a person who hasn’t been on the deed to the property since 1994. And like I said, we hired an attorney in the area, but she concluded she’s not experienced enough.

The ultimate problem is getting the bank to pay attention. They have no reason to, at this point. I’m thinking we’re gonna have to file a lawsuit in equity for clean title &/or to set aside the foreclosure-by-advertisement.

Thanks again, everyone.
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Billybbrew
Member
Username: Billybbrew

Post Number: 353
Registered: 07-2005
Posted on Wednesday, October 08, 2008 - 10:37 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

I forgot to mention it, but I had sent a link to this thread to Terry so he would know the gist of the situation and heard back from him before I posted it on the thread.

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