RE: Attorney Malpractice Date: September 13, 2010 My name is Jessica, I am writing concerning the fact that I needed legal assistance in regards to a home loan modification. I sought out the services from FLAHIVE LAW CORPORATION on April 13, 2009. The reason for needing a loan modification was due to a divorce in 2008 that allowed me to stay in the home with our two children. But without both incomes, I was forced to become delinquent on the mortgage payments of $2600.00. My first course of action was contacting HUD. With the help from this government program, I started the application process. The people that were working with me at HUD informed me there was a very likely chance I could qualify for a modification based on the recent real estate market changes and the decrease in current home values. On April 9, 2009, I received a certified letter stating that my home was scheduled to be auctioned on April 29, 2009. Concerned, I contacted HUD, who no longer could help and suggested I attain a lawyer for legal assistance. On April 13, 2009, Flahive Law Corp. and I agreed upon a contract that would allow the attorney to negotiate with my current lender in order to restructure my first and second mortgage for a fee of $1495.00 that was paid up front. After the initial consultation with Dale Orthner he explained that Lilly Lacayo, the loan modification specialist, would be the primary contact for my case. On April 15, 2009, Lilly contacted me via email requesting that I complete and return the third party authorization form to allow her to work with Countrywide. In our communication I expressed my concerns on how fast the auction was approaching and that I was unsure if the firm had taken any action yet. Lilly responded with an email that she had contacted Countrywide and she also stated that It was IMPERATIVE, that I do not contact the bank, this is a normal process when dealing with a time sensitive modification. On April 28, 2009, Lilly contacted me through email that she got a stay on the sale and they would precede with the modification process. I maintained consistent contact with Lilly. On May 21, 2009 I received a Home loan Modification Packet in the mail that would have allowed for me and my children to stay in the home with a mortgage payment of $1600.00, which based off my income was affordable. I contacted Lilly through email to inform her that I had received a modification offer from the bank. Lilly requested that I fax a copy of the documents I received. Excited about the offer, I emailed Lilly on June 1, 2009 to ask if I start filling out the paperwork. On June 2, 2009, Lilly stated Do not complete or mail anything to Countrywide / BOA because the firm submitted an addendum to the modification, which means I think we can do better. That decision had been made without consulting me. On June 4, 2009, I emailed Lilly to tell her that I was worried about missing the June 16 cut- off date for accepting the loan and to inform her that I was excited with the $1600.00 monthly payment. Later that day Lilly replied, Only in rare cases do we accept the first offer. It is best for the bank to include additional offers. As the months pass, Lilly begins to contact me less and less and she is often unavailable for days and weeks at a time. On July 1, 2009, Lilly sent me an email to inform me that she had not heard from Bank of America yet and was still waiting for a better offer. On August 18, 2009, Lilly asked me to write a hardship letter that the Bank had requested to continue with the process. More time passes, I contacted Lilly on September 16, 2009, to inform her that random agents from Bank of America were inquiring, spying on the conditions of my home. I was unsure if this was standard protocol and Lilly confirmed that was true. Through the next months of October, November and December I sent emails about my concerns that go unanswered. At the end of December, Lilly reappears and apologizes for the delay. Days before Christmas, Lilly calls me to discuss the progress she had made with the bank and the modification. She was confident in finalizing a new modification within two to three weeks. Two months pass. The evening of February 23, 2010, I received a phone call from Bank of America. The representative was inquiring on the status of the modification that I had been approved for in November 2009. Confused, I said I am unaware of any modifications in November 2009; the only modification I was aware of was in June 2009. The next morning, I sent Lilly an email questioning the phone call I had received. She replied back that same day We were waiting to see what Bank of America was going to send you. I will go ahead and give them a call. Lilly didnt respond, so on March 11, 2010, I emailed her to check in on the status. Months go by and still no contact. Its July 19, 2010, I sent Lilly an email, Its been a long time, just wondering what the status is? July 23, 2010. I received a response from Ursula Walker, a representative from Flahive Law Corporation. I was uninformed that somebody new was in charge of my loan modification matter. Ursula claimed that they had attempted to contact me but I was unreachable and they couldnt leave a voicemail. My e-mail reply was that I had throat surgery and was currently unavailable over the phone, however my e-mail hadnt changed and my address or phone number remained the same. On that same day, Ursula stated that they were under the impression that I had already received a permanent modification. I informed her that I was given a decent offer in June of 09 and that Lilly had declined and have been waiting for the next offer. Ursula shocked me with her next e-mail in which she stated and I quote an offer was made to you and you accepted the offer to stay in the home and stop the trustee sale? You were also going to sign the offer and start making the payments to stop the trustee sale? On Saturday, July 24 2010, Ursula sent me an e-mail containing forms that she requested I fill out to update my file that had expired and resubmit to the bank. I came home on August 11, 2010 to find another trustee sale notice taped to my door. I then informed Ursula of this new situation. I was informed that Ursula Walker was out of the office. I received this information from Deborah Moore who then offered me assistance sense she was covering for Ursula until her return. Ursula returned on August 17, we then proceeded to e-mail back and forth in regards to completing the forms for the loan modification. As of August 19, 2010, all forms had been submitted to Flahive Law Corporation. On August 23, I was asked again to complete more paperwork and fax the form back to Ursula. I reached out again via e-mail on August 30, 2010 to check in with Ursula to inquire about the status of the modification and what if any progress had been made. Again on August 31, 2010 trying to attain an update concerning the auction and how fast it was approaching, I asked Ursula what should I do. Finally replies on September 1, 2010 that lenders do not usually postpone trustee sales until the day before. We are still working with your lender to have the loan modification placed under review and the trustee sale postponed. September 4th I sent Ursula an e-mail stating that I have received no response or info, which I had expected, sense it was the weekend and Monday was a holiday. No one would be around or open to take care of anything. My house is schedule to be auctioned on Tuesday morning, when or how are we supposed to get an answer from the lender or the bank. September 7th knowing the auction started at 9 am, based on the notice I had received, I called their office and left voicemails numerous times starting at 8am and at 9:17 am I finally reached Ursula who had informed me that my house had been sold at the auction. Upset, I asked so thats it I lose my home and there is nothing that can be done. Ursula said yes thats basically it there isnt anything that we can do at this point. I then asked her I pay your firm to help me with my home loan modification and nothing happened and now I dont have my home anymore? Ursula answered, you knew there wasnt any guarantees during this process”
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