Ask DrewDevil your legal questions

[gobbomom]

this is awesome of you to do Drew! I want to elaborate on the previous situation I asked about.

My house caught on fire. Mortgage company sold out before claim was paid. Went to court and got the ins. co. to issue check to me and my attornies, because a 6th! mortgage company in succession claimed an interest but had no legal proof. Check was placed in trust while mortgage co. appealed. Appellate court ruled that mortgage co. had until Nov. 22 to provide proof. House was sold in bankruptcy court on Nov. 3, mortgage co. received the money without ever proving line of succession.

I fired my lawyers, went to court pro se for a summary judgment. Fired lawyers slapped a lien on trust. Judge ruled that neither I nor the mortgage company proved sole ownership to check and there would have to be a trial.

This mortgage company has now sold out.

Do you see my issues? The Joe Blow mortgage company received proceeds to the house w/ out ever showing title. I have no idea how to proceed to get the money out of trust. There will obviously never be a trial because another mortgage co. will never expend the hundreds of thousands this case has already cost even if they could somehow come up with proof of title, something 5 prior mortgage companies failed to do.

[DrewDevil]

[ QUOTE ]
this is awesome of you to do Drew! I want to elaborate on the previous situation I asked about.

My house caught on fire. Mortgage company sold out before claim was paid. Went to court and got the ins. co. to issue check to me and my attornies, because a 6th! mortgage company in succession claimed an interest but had no legal proof. Check was placed in trust while mortgage co. appealed. Appellate court ruled that mortgage co. had until Nov. 22 to provide proof. House was sold in bankruptcy court on Nov. 3, mortgage co. received the money without ever proving line of succession.

I fired my lawyers, went to court pro se for a summary judgment. Fired lawyers slapped a lien on trust. Judge ruled that neither I nor the mortgage company proved sole ownership to check and there would have to be a trial.

This mortgage company has now sold out.

Do you see my issues? The Joe Blow mortgage company received proceeds to the house w/ out ever showing title. I have no idea how to proceed to get the money out of trust. There will obviously never be a trial because another mortgage co. will never expend the hundreds of thousands this case has already cost even if they could somehow come up with proof of title, something 5 prior mortgage companies failed to do.

[/ QUOTE ]

Why do you say there will be no trial?

This is a complicated fact pattern, for sure. Before it's all said and done, you may have to sue the old lawyers, the now-defunct mortgage companies, AND whoever released the funds improperly. You really need a good lawyer to take this on.