Homeowner missing thousands after seeking foreclosure help

A Tarrant County homeowner revealed that she is facing the loss of thousands of dollars after engaging a company that promised assistance with her foreclosure case. Here’s what transpired in her efforts to trace the money and the message she wants to convey to other homeowners.

When her house was sold at the Tarrant County courthouse, Connie Brown harbored hope for a last-minute reprieve. Despite her prayers, the foreclosure auction proceeded as scheduled. Shortly thereafter, Brown received a text message purporting to be from someone at the law offices of Avner and Kaufman, offering help to challenge the sale.

Feeling hopeful, Brown engaged in a phone call with the individual from Avner and Kaufman, who presented himself as knowledgeable and capable of intervening in her situation. Subsequently, Brown signed an authorization for the firm to represent her post-foreclosure, including claiming any surplus funds.

Brown believed she was entitled to nearly $60,000 in surplus proceeds following the sale of her home. However, since contracting Avner and Kaufman in January 2023, she hasn’t received the surplus funds, and the firm stopped responding to her inquiries.

Brown sought assistance from Legal Aid of Northwest Texas, where Attorney Ndidi Gbulie informed her that claiming surplus proceeds after a foreclosure auction typically involves completing a claims form without the need for legal representation.

Despite efforts to contact Avner and Kaufman, including demand letters and outreach, Brown received no response. NBC 5 Responds also attempted to reach out to the firm but encountered disconnected phone lines and untraceable attorneys associated with the firm.

Further investigation revealed an Avner and Kaufman LLC, managed by Maxwell Schlosser, who filed for Chapter 7 bankruptcy. Brown discovered a surplus proceeds check for $59,190.72, endorsed by a third party named Bernstein and Geller, which she had not authorized.

NBC 5 Responds contacted Bernstein and Geller, learning that they had issued the check to Brown, deducting fees for Avner and Kaufman, but it remained uncashed. Subsequently, Bernstein and Geller expressed willingness to reissue the check upon receiving additional documentation.

As the situation unfolds, Rusty Adams, a research attorney at the Texas Real Estate Research Center, explained the typical foreclosure process in Texas and advised homeowners to exercise caution when seeking assistance post-foreclosure.

David Pratt, an attorney, urged homeowners to verify the credentials of those offering assistance, emphasizing the importance of due diligence and caution.

Brown’s experience underscores the vulnerability of homeowners facing foreclosure and the need for informed decision-making and legal guidance. She encourages homeowners to explore available options and seek qualified assistance to navigate financial hardships effectively.