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dkanka · Joined: 31 Dec 2008 Posts: 6 5.69 Dollars($)

In a foreclosure does the foreclosing attorney for the bank have any duty what so ever under the DOCTRINE OF EQUITABLE SUBROGATION to the one being foreclosed. I had cash through a purchaser, tried to pay, COULD NOT FIND AN ATTORNEY and depended on the banks attorney to provide legal direction but was lied to and effectively blocked by the foreclosing attorney.

adonis · Posted: Mon Jan 26, 2009 10:29 pm Post subject:

Hi dkanka,

As far as i know, equitable subrogation is a doctrine by which one who pays off the mortgage obligation of another is treated as the beneficial owner of that original obligation. So if the purchaser paid the money to lender, then he may have a right of equitable subrogation. As the money was not paid to lender, I don't think right to equitable subrogation will come into question.

Guest

As far as I know that is one way to define it. I am not on this site looking for definitions as there are dictionaries and Wiki - whatever. Searching same I found that in certain situations an attorney client relationship is present and owed to third parties as long as a conflict of interest is not present. This especially when the interests of the parties have merged. What I am suggesting is that as the interests in a foreclosure action, payment of the debt, is a merging of interest for those such as myself seeking to do so, would this not apply ? Has anyone ever heard of action being taken against the foreclosing attorney for unfair actions or perhaps fraud under same ? I have written the attorney listed on this site but have not heard back from him ... yet. Most individuals in foreclosure are treated badly by the banks foreclosing lawfirm as they do not have any money to hire an attorney to represent them. Should president be set this may serve to alleviate at least a modicum of pain suffered during the process. I had a purchaser for my home for amounts over and above what I owed but was unable to sell because of the banks foreclosing attorney. Please do not give me textbooks def. or tell me to see a lawyer if all you are looking for is to add a few pennies to your take here. If you can show me hard case law or your own, or known, experience is why I ask in this forum. Hopefully it will also serve others.

smithsussane · Posted: Tue Jan 27, 2009 10:37 pm Post subject:

Hi dar!

Welcome to forums!

If you feel that you have been cheated by the foreclosure attorney or that the foreclosure attorney has taken any unfair actions against you, then you can definitely sue him in the court of law. If you can prove your case to the judge, then judgment will be given in your favor. But as far as equitable subrogation is concerned, I agree with Adonis, it will not come into question if the purchaser did not paid the money to lender.

Sussane

dkanka · Joined: 31 Dec 2008 Posts: 6 5.69 Dollars($)

While I thank you for your opinion I draw your attention to a web site at "law.cornell.edu/ethics/mi/narr" or you might just "google" MICHIGAN LEGAL ETHICS to find that site. In same please see section 1.1:400 and related links having to do with non client relationships. My argument is, that as I could not find a personal attorney, I depended on the the advice and direction of the foreclosing attorney. Ergo his services were subrogated (see definitions) to me. Further, that as I had lost property and equity this "subrogation" was in fact "equitable" as but for the actions/inactions of the attorney I would not have suffered loss. That an attorney-client relationship was indeed present under same or either of the two other examples as explained there in and that the attorney owed me duty not given causing me harm. Please do not answer until after you have read same. As above, I am not asking for textbook definition or uninformed opinion, the blind leading the blind, but rather further law, caselaw or personal or first hand experience that would either support or deny my claim. I pose these questions in discussion to help others in similar situation, Where is the site attorney ?

[Link deactivated as per forum rules. Thanks.]

Posted: Fri Jan 30, 2009 2:59 am Post subject:

Hey dkanka, I have gone through your posts and tried to understand your situation. Frankly speaking, I have never been in your situation but what I feel is that the guys who have answered your queries above have given you the right information. You have given a link to a website. Though I visited the website, I was not able to understand everything as I'm not a legal professional. But what I feel is that, the bank's attorney will first and foremost look after the interest of the bank rather than the borrower. I would also like to say that if you really want to take any steps against the lender or the bank's attorney, you should go for some legal help. Consult a legal professional who will help you know about your rights and about the lender's rights.

dkanka · Joined: 31 Dec 2008 Posts: 6 5.69 Dollars($)

Thank you very much for your reply. However, I fail to see any substance. You feel that others have given me the right information ? How could they as they had not seen the website that I had provided, which by your own admission, you do not understand. Should the banks attorney have been looking after the interest of the bank and its investors would not it have been better for same to work with me and to provide all legal help to accept my offer instead of blocking same. I was only asking for a quit claim that said on receipt of funds 100% by bank to bank wire transfer they would provide the title deed. Also, I was paying into an escrow account my monthly payments. Instead they said they did not have to and took my home and equity. My settlement was much higher than what the house eventually sold for and they would not have suffered the extra caretaking costs and brokers fees in the sales process. Oh ... dont forget the banks attorney charged the bank extra for his work too. I am seeking legal help. I could not find same in the foreclosure process but now as the actions of the banks attorney have caused me harm I am seeking damages. I participate here to find any similar experience and to help others. Again I thank you for your interest but find it an uninformed opinion based on feeling rather than substance. Again, I ask that the site attorney chime in.

adonis · Posted: Sat Jan 31, 2009 3:07 am Post subject:

Hi dkanka,

I have contacted Joshua Heard and have requested him to give his opinion regarding your query. But I guess, he must be very busy and thus could not answer your query. Hopefully, he may answer your query in the weekend.

But as you are a registered member, you can yourself contact him and get his opinion. At the top right hand section, you will find the "Ask Question" section. You can write your question there and Joshua Heard can directly reply to it.

Posted: Sat Jan 31, 2009 8:11 am Post subject: EQUITABLE SUBROGATION

Thank you very much for your interest. Should you have read the website I had provided above or done any research at all concerning my query you would see the big picture here and why I continue to seek answers and get the word out in these trying times. These forclosure attorneys are getting rich on the backs the disenfranchised, being paid by the banks, and in many cases using misleading, unfair and deceptive practices to do so. The same banks that hve received billions in bail out money from our taxes are taking our homes. I had no idea until my personal experience. I had a buyer who was RWA to pay cash, literally in hand, for more than it ultimately sold for and the foreclosing attorney blocked the sale. I do not begrudge a man an honest living and the need for attorneys is evident in the buying and selling process of real estate and homes because ... because ... well because the attorneys themselves have made it that way ! Here, however, when I lost my family home of 55 years and from $100 to $150k equity over a misunderstanding regarding the law and can prove I was lied to ... I must cry foul !

Let it be known that while I am not an attorney I am a 58 year old international businessman who deals in the areas of business and project development on a very diverse range and financial scale. Millions to billions. I am a US Army veteran. I too have been caught in the world wide financial debacle as project funding through bond issue has all but dried up. I missed a few payments and here I am. Obviously I can read and I have a computer. My work requires me to do research and e mail. So, I do the same here as I feel that when I have money to pay and am refused ... sumthin ain't right and needs sum fixin. Apparently I am not the only one as the membership and participation on this site underlines the need for information and fairness in this time of national distress.

The web site that I had sent (above) is real ! It comes from one of the preeminant law schools in the country and was written by one of the best lawfirms citing law and caselaw. Why would they do that if the content were not true ? If it is true why is it that I am having a problem finding an attorney to represent me ? Why has not the Community attorney here, Mr. Heard, answered even though as before your suggestion I did contact him directly with no reply ... yet.

I suspect it is because they, the attorneys, do not want people to know that what this law says, in essence, is that if an individual not a big corporation or insurance concern ... an individual homeowner is not treated correctly under the law he can sue the oppositions attorney for malpractice and a slew of other things. You might think that a good thing for the legal community. After all suing is what they do. How they make their money. Sixty-two pages in the phone book here in the Detroit burbs and all appear to be working. Why not let everyone in on this ? BECAUSE THERE IS NO MONEY IN REPRESENTING PEOPLE WHO CANNOT AFFORD TO PAY THEIR BILLS ! It is much easier to prey upon the disenfranchised because there is no unity, no common voice from the peanut gallery calling foul. This is why I ask for reply from personal or known experience, law and/or case law specific to this subject. Apparently there is none. I can not find any and is why I have provided the web site above. Oh , legal aid ??? forget it. They do not initiate law suits and as the property was worth too much I was not poor enough for representation in the foreclosure process. Attorneys I did contact were too afraid of the stature of the banks attorneys.

Sorry, not really, for the rant but again I ask for anyone who has same to provide it and/or ask your attorney or law firm to respond in hopes to help all concerned. Write your local newspapers for comment on Attorney Non Client Liability quoting the web site as above. Do something to help yourselves in bringing these unscroupulous attorneys to task. I can be contacted here and will respond to any and all ... with substance not blather. Let us work together for the good of all. We need more from our goverment than cheese. While printing money for the banks and attorneys who put us in the street ... print a little extra for us to fight with !

Guest

My mortgage was paid off by another lender. One month later I made another mortgage to same borrower and recorded my mortgage. The original lender failed to record their mortgage until six weeks after my recording. Now they are claiming Equitable Subrogation.

jameshogg · Posted: Tue Apr 13, 2010 11:14 pm Post subject:

Hi Dan,

As far as I know, in case of a equitable subrogation, one who pays off the mortgage obligation of another is treated as the beneficial owner of that original obligation. In your case, I believe that the lender will be able to claim equitable subrogation.

Thanks

Guest

If someone provides intentionally misleading advice in order to protect their financial position, the person injured could use that as a defense against equitable subrogration. Why? First, the person or entity claiming equitable subrogration is missing a legal step in the chain to claim their own right, which is exactly why they are claiming equitable subrogation. They are asking the court--under the court's powers of equity--to recognize XYZ.

Because this person / entity is asking the court for equity, the court can and really must consider the equity--i.e., justice--of the situation. Fraud = unclean hands. Anyway, try it.

Guest

I have been in courts for over 4 1/2 years. I have a statement from the state that I was defrauded. The nottery disapeared, pluse lost his license for good. The apprasier's made a deal with the state to lose their license, go back to school and get recertifed. I have 3 hand writing examinaters, one in writing,claim my signuters on all the documents where foraged. Their was negligents on the part of the title company and the finance companyby not having power of atterney nor where I their at the settlement.I have won the right to sue all of them, but because the bank paid my mortgage off for the so call new owner.The bank claims in order to put the house back in my name I have to sign an equitable subrogation. I am A senior citzen, widow, sold my valuables to fight this case, lost my business,and is know on a low SS income. Why am I a victom agan? What can I do? Where are the laws to prtect someone like me?--- .

Posted: Fri Sep 09, 2011 11:42 pm Post subject:

I can understand how the situation is for you!! It's really sad to know that you will have to sign an equitable subrogation in order to get back the property. Though it will be difficult for you, I will suggest you to still contact your attorney and check out if you can take any legal actions so that you won't have to go for equitable subrogation.

Guest

The judge wants me to negotiate with the bank, before she makes a judgement. My lawyer is getting married and moving to another state. I cann't find another, because I'm out of money. She will go to help negotiate I was told by my lawyer I do not have to sign, but she thinks the Judge is going to judge in faver pf the bank. My lawyer said there soming I can do after, but she will not be around to help me, and she dose not think I can handled such a complex case myself.. What can I do? She did not say what will happen to me if the judge rules for the bank----------

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