WITH REACCURING PAYMENTS OF 400.00 PER MONTH FOR 7 MONTHS, I STOPPED THE PAYMENTS FOR I REALIZED I WAS NOT BEING REPRESENTED AS THEY PROMISED AND THIS AMOUNT WOULD CONTINUE MONTHLY UNTIL MY CASE WAS FINISHED. DURING MODIFICATION I FILED BANKRUPTCY. AM I ENTITLED TO A REFUND FROM THIS ATTORNEY. THE ATTORNEY ALLOWED A SALE DATE TO BE SET ON MY HOME BY NOT INFORMING THE COURT WE WERE IN THE MIDDLE OF A MODIFICATION REVIEW. THEREFORE I NO LONGER NEED THEIR SERVICES.
DUI / DWI Attorney
Your situation is unfortunate. I suggest that you consider pursuing Fee Arbitration through the Palm Beach County Bar Association or the Florida Bar. I have provided you with links to both organizations to obtain more information about the process.
Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.
It is not possible or appropriate this forum to evaluate the work of your current attorney. There is far more involved in defending against foreclosure than people realize. You do not explain the terms of your agreement with your attorney, or what you mean by "during modification I filed bankruptcy". Often the filing of bankruptcy will completely derail a modification or short sale process, depending on the details - it sounds like you did that on your own.
Were you at the hearing ? There are few judges in Palm Beach Circuit Court who would not allow a foreclosure sale merely because of a modification review, since that is not a defense to foreclosure under state law. The fault is that of your mortgage company, who is probably obligated not to pursue sale while a modification application is pending. Depending on the details, a payment of $3200.00 over seven months does not seem out of line. Furthermore, even if a sale date has been set, that does not preclude continuing efforts to Purdue modification.
Instead of deciding to stop paying and to ask attorneys who are not familiar with your case, you would probably do much better to sit down with your attorney and discuss your case and your options.
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
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Chapter 7 Bankruptcy Attorney
As my colleague Ms. Golant pointed out, from the limited facts given in your question, we are not just able to provide our opinion on whether you are entitled to a refund from your attorney as that depends on a multitude of factors including your agreement for representation with the attorney. But filing for bankruptcy in the middle of a loan modification review can certainly complicate matters. Because of the automatic stay (pause on collection activity) instituted when you file bankruptcy, your mortgage lender may have stopped all review on the modification. If you indicated in your bankruptcy statement of intentions that you are surrendering the home, then your lender may (understandably) have assumed you no longer wanted to try to keep the home thereby resuming the foreclosure process upon your bankruptcy discharge. Also, trying to get your loan modified is not a defense to foreclosure nor will that automatically stop a sales date from being set.
I highly recommend that you communicate with your attorney first so that they can clearly explain what happened in your case. They should have the most information as to your situation. Good luck.
Please note that the response above is not meant to constitute legal advice and it does not establish an attorney-client relationship. You should contact an experienced attorney to assist you.
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