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Should I Hire UFAN, Consumer Protection Assistance Coalition or File Chapter 13 Bankruptcy? – Ivan

“Dear Steve,

WF dragged me for one year and 3 months to get the Loan Modification.

I got assisted by housing services of LA county “agency approved per HUD to help people to avoid foreclosure.

The last attempt again offered by WF offering HAMP was after I submitted a complaint against them with the Consumer Financial Credit Bureu.

I sent them all documentation on regards on March 14, after that on March 23 I found attached on my door Trustee Sale for April 18th.

Now when I called them up they said as last wednesday They submitted thru an e-mail the postpone of the sale date while my documents are under review by the underwritter and is not warranty if is going to be postpone,So I don’t want to wait until last minute I have to act a bit fast on this.

What would be your advise..? File BK chapter 13..?

Or maybe hiring these Law firms they offer defense against foreclosure like United Foreclosure Attorney Network | TheUFAN.com 1490 Stone Point Dr. Ste 100 Roseville, Ca. 95661 or Consumer Protection assistance coalition.?

Thanks Steve”

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The Answer

Dear Ivan,

The answer is you should contact a local bankruptcy attorney and talk to any outside group you want.

Regarding the organizations, Kristin Crone, Esq. from UFAN has been active on the website and provided comments and answers for readers. In fact I’ll send her an email and ask her for feedback to your question and to post a comment.

Evaluating your rights and the benefits of a chapter 13 bankruptcy is always a smart thing to do. You do have legal rights and protections that only bankruptcy can bring and it is the only intervention I am aware of that provides you with any power or control over your creditors.

As far as CPAC goes it looks like as of now, this is the only article I wrote about them. Feel free to read the article and comments and contact them about any issues raised if you have questions.

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

Should I Hire UFAN, Consumer Protection Assistance Coalition or File Chapter 13 Bankruptcy?   Ivan
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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • Denise

    UFAN is closing their doors, locking up and going home….of course THEY still have a home to go to. They’ve been “handling” my case against Wells Fargo and getting me in a deeper hole with every turn so I guess I should be happy they’re going out of business.

    • Ivan

      I’d like to know what would be Kristin Crone  answer on this ..

  • Kristin Crone, Esq.

    Ivan,
     
    I appreciate your consideration of UFAN for services.  I do believe my firm has integrity and fights very hard to protect the rights of its clients.  That said, UFAN is not the right fit for everyone.  Please do your homework.  Call several attorneys and go with the one that feels right for you.  Always check the California State Bar website for complaints against the attorneys in the firm.  This will help to ensure that you end up with someone reputable. 
     
    I cannot advise you on whether to file Chapter 13 bankruptcy or whether to pursue litigation with a firm such as UFAN.  But, I can give you a brief understanding of my experience in the two legal arenas.  First, I NEVER recommend filing bankruptcy for the sole purpose of postponing a foreclosure sale.  In my opinion, doing such abuses the bankruptcy system.  I am probably naive, but I believe in the integrity of the legal system when used properly.  To determine whether bankruptcy is a good option for you, you should consult with an experienced bankruptcy attorney who can tell you what you would be able to keep in a Chapter 7 or what your plan payments would look like in a Chapter 13.  You should also ask what debts will be discharged and what debts are not dischargeable (would survive the bankruptcy).  After you get all of this information, you can then determine if bankruptcy is a good option for you.
     
    As a word of caution:  If you do decide to file bk to postpone the sale, it is not a permanent solution.  If you filed Chapter 7, it is not your right to dismiss the case at will - meaning, potentially the court could make you finish out the bankruptcy.  If you filed Chapter 13 and do not make your plan payments, the bank will almost certainly get relief from the bankruptcy stay and foreclose.  This could happen as quickly as a month or two from the date of filing.  The trustee can also request that the case be dismissed due to non-payment of the proposed plan payments.  When dismissed, the bankruptcy will no longer protect you from foreclosure.  Furthermore, if you file bankruptcy and get a discharge without listing potential claims against your lender in your schedules as contingent assets, you could be barred from raising those claims in civil litigation in the future.  Bankruptcy is very complex and understanding the right course of action requires obtaining information from an experienced attorney. 
     
    In regard to postponement services, you should be very careful with whom you work.  There are many “firms” and companies that provide foreclosure postponement services.  My experience is that when clients hire these firms they often end up with a big mess on their hands.  Often, these companies create fraudulent documents purporting to convey an interest in your real property.  Let me give you an example of what I have seen:
    Person A is facing foreclosure and hires Company to postpone the sale.  Company prepares a fraudulent grant deed from Person A to Person B that purports to transfer A’s real property to B.  A does not know B.  B is a complete stranger.  But, B is always in bankruptcy.  The grant deed is not recorded, but has a county recorder stamp in the top left corner which makes the document appear to have been recorded.  The grant deed is then sent to A’s lender purporting to be a transfer of the property into an active bankruptcy case.  A’s lender now goes to the bankruptcy court, files a request for relief from stay and includes a copy of the fraudulent document.  This is a HUGE issue.  There are now federal fraud implications since a fraudulent document has been filed on A’s behalf in a federal bankruptcy proceeding (all without the knowledge of A).  Second, if the lender succeeds on its motion, I have seen the lender request that the bankruptcy judge levy sanctions on A for the fraudulent document.  While it is my opinion that A should be afforded the opportunity to appear before the court for such a determination, the judges sometimes do levy sanctions for these things.  Then A gets this letter about the sanctions do for some bankruptcy case he’s never heard of and wants to know why he has to pay $X (usually several hundred dollars at least). 

    These strategies do work for a postponement – at least temporarily.  But, the cost is great in the long run.  If you want to explore the potential for postponement outside of bankruptcy, please consult with an experienced law firm who will provide litigation in association with the postponement requests.  It is my, I think well-founded, opinion that the only good way to fight these foreclosures is in conjunction with litigation.  UFAN will attempt to get one postponement prior to retention for litigation, but only to give our clients sufficient time to make certain litigation is the right path for them. 

    As a final note, always remember that there are NO GUARANTEES with litigation.  The rules of professional conduct governing licensed attorneys will not allow an attorney to issue a guarantee on legal services.  If an attorney guarantees you a win in court, consider it a problem.  An attorney can only fight for your rights.  The eventual determination of the case is in the hands of the judge and intelligent minds can disagree on the interpretation of the law.  If that were not true, we would not need courts and judges.

    I hope this will help you avoid some of the pitfalls I have observed in this area of law.  I am happy to answer other questions you might have, but please be very careful what you post on public forums.  You may inadvertently waive attorney-client privilege by posting specific information about your case online.

    • http://GetOutOfDebt.org Steve Rhode

      Excellent advice.

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