Law suit for fraudulent foreclosure by servicing agent/lender- in chapter 13 now

You obviously need an attorney who is skilled and experienced in foreclosure defense work. You should forget everything you think you know about Johny Cochran and rely on a good attorney. You are not alone; there is massive mortgage fraud in this country and there are many remedies available, though you must realize that litigation is slow and your relief may be months, or years away. Forget TV lawyers though, please. You need a professional, not a TV star.

My law firm exclusively handles complex foreclosure litigation in the State of New York and would be more than glad to offer you a free consultation to discuss your matter and to see if our firm may be able to provide you beneficial legal assistance in your foreclosure matter. Feel free to visit our website and look at the media section to see some of the high profile foreclosure matters that which my firm has handled.

Public perception off what is needed in the attorney who can or will actually HELP you is often completely backwards. Start talking to lawyers, get a feel for the firm and expectations. Be prepared to discuss the clear facts quickly and in sufficient detail to let the lawyer know that you understand the basics of the case and are able to explain. Discuss fees and costs, but don't ask for a flat fee from now to evermore. Think about that concept.

I would consult with your Chapter 13 Bankruptcy Attorney for a referral in your area. Failing that, I would check out Max Gardner's web site, he is a recognized authority (to put it mildy) in this area and while he does not practice in New York, he maintains a list on his site of attorneys who have completed rigorous training in the wrongful foreclosure area. Best of luck.

You mentioned a "reversal of judgment" which makes me think that the bank already has a judgment and you filed the Chapter 13 primarily to stave off an impending foreclosure sale. Anyone who promises you the moon is probably not giving you an accurate picture of the risks and the difficulty in getting what you want. It is an extremely expensive and time consuming process fraught with risks, and with a low likelihood of success, even if you are 100% right. Pain and suffering damages are not available in an economic situation. If you can prove hat the bank did not have standing to foreclose, and you can somehow get back in to court to raise the issue, assuming you are not precluded -- and you can do all that before the stay expires -- you may be able to either 1) stop the foreclosure; or 2) recover damages. As I see it, your biggest problem is a timing issue, which begs the question why the issues you complain about were not raised when the original foreclosure complaint was received. I've seen great success when these cases are prosecuted aggressively against the bank from day one. A lot of times the fear that you will stop them in their tracks leads to results at the bargaining table you would never get otherwise, and it sounds like you have a good case. The difficulty is when you are fighting the bank and the clock at the same time, which it sounds like you are. Also, it is going to be more difficult to reinstate the loan if they have a judgment, when you are in bankruptcy court.