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Financegirl24

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Post bankruptcy law suit it not?
Need some advise/input. We filed bankruptcy in December 2015 (after more then a $30k a year pay cut (not by choice) that situation put us in a bad situation real fast. We sank even faster. So we ended up with no other option then to file bankruptcy, which was discharged April 2016, case was CLOSED in June 2016. It is now march 2017, and the mortgage bank from our house (we lost due to the bankruptcy and foreclosure). #1. They went to the Sheriff's sale and bought less then 60% of our balance. #2. They evicted us days before the holidays began (knowing we have 3 children) [the sheriff was amazing and gave us extra time and even found a box of pictures and made sure we got them back]. #3. Within a week of us vacating the premises we bagan receiving letters from the bank demanding we renew our homeowners insurance and flood insurance policies-we received 1-2 a week-then mid January received a letter stating this was their final demand before they purchased "forced placed" policies. (We received 5 more) #4. We then started receiving "forced placed" policies 7 times to date. #5. They continue to contact us regarding this property we no longer own or have anything to do with. #6. According to the bankruptcy laws once a bankruptcy is filed no creditor is to contact the debtor at anytime for any reason. I know we have a very solid case and would win (especially since I have every last document on this house from the bank dating back to the day we submitted our offer!) So my question is simply this:A. Should we pursue a legal court case? B. What should we ask for in damages? C. What kind of attorney do I need and are there any pro bono attorney to take this case? And what's the maximum we can sue for? This was a very long downward spiral in which this bank kick started. (I would be willing to go into further detail with the right person and not on a public forum. Thanks for your help!

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Short answer, I doubt you will find pro-bono.  Unless you contact the ACLU or some other orginization and they deem you a fit for special case.  Most lawyers will work on a contigent fee if they feel the case is really winnable and worth the time and effort.  This means they get 30+% of whatever they win for you.  A consultation with one though is a good idea, as I do not see how they can force homeowners, unless it was from the time of eviction until sale, that they might have grounds for.

Be aware there might be some heavy tax fees due to the sale of the foreclosed property.  Since the mortgage company wrote off 40% of what they lent you, it can be considered income that you must claim on your taxes. And do not expect any sympathy due to the holiday or being forceably removed from any of the courts, IRS, business you have to deal with :(

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The type of attorney you would want would be a Consumer Law attorney, a Bankruptcy attorney may even be knowledgable in this area. If you have a case where a win looks favorable, an attorney may take it with no out-of-pocket expense to you and would take their cut after the case is either settled or won, the attorney would keep most of the money and you would get a slice. Your state laws will dictate what you can go for, but in most cases you wouldn't be able to get much. Typically, you need to show "actual damages" and I cannot see what any could be here. Unless you had to seek medical treatment for the emotional distress over this, there wouldn't really be any actual damages, just a violation of the law. My advice here is to contact a couple of different law firms that handle consumer law in your state, find ones that offer free consultations and see what they have to say, that wouldn't hurt a thing and would be a much better resource to get legal advice.

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