My foreclosure case has been referred to the mediation program by the assigned magistrates. I have been serving as my own attorney filling my answer, amended answer, counter complaint and several motions and oposition to a motion. My situatiion is somewhat unusual as the bank in question has been questionable at best. Because of their actions and inactions I am seeking monitary damages which includes the return of my original down payment along with other financial losses such as maintaining and up keep of home, travel expenses because I live out of state and required to return to take care of business relating to the house. In addition, because of the banks in-actions my credit has been damaged which forced me to hire a bankruptcy attorney help insulate and protect me from further damage. I am a 100% disabled Veteran who has limited resources who can not afford hiring an attorney to help plead my case. I am hoping that my case is excepted by the mediation program. I am looking at compilling a list which I will bring up at the mediation hearing. I am considering asking for punitive damages because the bank could have acted and taken back my home with a deed in lieu work out with in one month of the initiual default. Their actions would have eliminated needed financial burden as well as damaged credit score, repossion of a vehicle along with added stress which has caused me to enter mental health counseling from the Veterans administration. The request for deed in lieu was provided in writing by my attorny at the time not only onece, but on three different written requests which was never addressed. I am looking to go to mediation and speak on behalf of myself. I am hopeful that you can provide me with some legal information which may help my situation.
Sincerely
John Rodda
1 Answer from Attorneys
From what I read here, it sounds as though you have a good handle on your case and the injuries you incurred, even if this has been very stressful. When you say that you hope mediation is approved, are you saying that the other party has not yet agreed to mediation? Have you filed a law suit that might encourage the other party to work the dispute out of court?
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