Is there a cap on what banks & foreclosure attorneys can charge in Nevada? Should I hire an attorney or not? Thanks in advance!

Asked 10 months ago - Las Vegas, NV

Condo has been listed for short sale since May. Had a buyer and Chase/Freddie Mac rejected the offer. They wanted $10k more. Property was placed back on the market for the price they wanted. 4 wks later, had a buyer. Realtor submitted all info at the end of Aug., had the trustee sale pushed back until end of Oct. and Chase/Freddie AGAIN rejected it. Now they want $20k more and together with a ridiculous contribution amount, everything exceeds what I owe. Is it even possible for them to do this? If I tried to reinstate the loan, is it worth hiring an attorney to help negotiate the fees incurred during the time Chase/Freddie have been giving me the run-around? Naturally, I'm worried about hiring an attorney only to find out that I'd have to pay them more than the fees that I'd like waived.

Attorney answers (2)

  1. Richard Edmund Hawkins

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    Contributor Level 16

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    Answered . "reasonable" is a relative term here. If they can show 15 hours of attorney time, then $4k to $5k is reasonable.

    Unfortunately, there is nothing rare about the bank increasing it's payoff demand as housing values increase.

    Chapter 13 is a possible way to forcibly cure the loan; you would pay the arrears over five years and wrap most of your attorney fees into the plan. We can usually get people into the office in a day or so for these.

  2. Ellen K Lawson

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    Contributor Level 11

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    Answered . Short sales are optional. Lenders are only willing to consider short sales if they feel the offer is at fair market value, and they believe you have a hardship to justify requesting forgiveness on the loan balance. Once a bank receives a short sale offer, they will do their own "BPO" or broker price opinion of the property. If you lose a buyer, and present a new offer 4 weeks later, the bank may do a new BPO, and in an appreciating market, the bank may counter that they want a higher offer. If they ask for a cash contribution, it is based upon what they believe you can bring to the table, but this is often negotiable. You should be working with an experienced short sale realtor on your behalf, and certainly a NV real estate attorney as well. Ask upfront what the legal fees and make sure you have a written fee agreement. If you want to stop the short sale process and reinstate the loan, you need to obtain a written reinstatement quote and make sure you reinstate prior to the foreclosure date. The first thing to do is to have a consultation with a NV real estate attorney as soon as possible.

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