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Henrico family fighting for home after lawyer’s ‘mistake’

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Posted at 7:47 PM, Oct 23, 2013
and last updated 2013-10-23 19:58:05-04

HENRICO, Va. (WTVR)--A Henrico couple is fighting to keep their home. Too upset and embarrassed to show their faces on camera, the couple spoke with CBS 6, saying they want to fight until the very end to try and get their home back.

They say a mistake made by an attorney they hired to file bankruptcy papers for them has the potential to leave them homeless with their two children.

“Every time I turn on my street, I’m looking to see if there’s a padlock on my door,” the wife explained.

She says these past few months have been very scary for them. They’ve avoided mentioning their situation to their children and are upset that they might be forced to uproot them from the school that they love.

The couple says the bankruptcy move was an attempt to save their east end home before it went up for auction in late August. The husband and wife say it’s what the attorney didn’t do that has them completely rattled.

“He said I filed the papers but I just didn’t do it in time. I said, so what does that mean? He said it means that your house is sold,” the husband explained.

He also tells CBS they informed the attorney in advance about when the house was supposed to be auctioned. He says the attorney didn’t file the bankruptcy paperwork until a day after the home was sold. Now the couple has until mid-November to move.

Experts at Housing Opportunities Made Equal say there is a lesson in this story for every homeowner. Ali Faruk says often times homeowners don’t reach out to their lenders at the first sign of financial trouble.

He says the best thing you can do to avoid getting in this situation is to keep the lines of communications open with your lender.

The couple says the attorney is still trying to help them fix the situation. In the meantime,  they hope their story will help someone else.

“Stay on top of things for yourself. Don’t rely on someone else to do it all for you. If you do, in the end it could cost you” the husband explained.

CBS 6 reached out to the lawyer but have not heard back yet.

Click on the video for their story.