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Hired Lawyer for Foreclosure Defense

Jacksonville, FL |

I hired a lawyer in March 2009 to handle the foreclosure lawsuit that was filed against me. We met and discussed my case, he charged me a flat fee of $1000 which I paid and have a receipt for, but the only thing he did was to write a letter at the end of March to the mortgage company. I have not heard from him since and every attempt to get in touch with him gets me nowhere. My foreclosure has since been dismissed and a short sale was done on the house....what are my options here? Can I get my money back or at least some of it??

I just wanted to add that he did not do anything beyond send the letter to the lender. I actually worked out the short sale with my lender myself. He had no involvement with getting the case dismissed.

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Attorney answers 3


Your lawyer spent time with you for a consultation, contacted the Plaintiff/lender on your behalf, got the case dismissed, you got out from under the property, and there is no deficiency judgment on the horizon... sounds like you got more than your money's worth.


I think that you need to contact the Florida Bar. attornies are not alowed to charge excessive fees. Ask for a final bill that is itemized on the time spent.


I am licensed in Florida and NYS. When you say that you worked out the short sale yourself, was the property up for sale when it went into foreclosure? Did your attorney ask you for bank statements, a hardhsip letter, full financial details, tax returns, etc? In other words, to what extent did you work with the lender on the short sale documents? Who sent in the contract of sale and all the updated documents?

I ask you this because clients often think that since the bank negotiator called them and spoke with them a few times months after the modification or short sale was initiated, they think they did it alone or their lawyers or brokers did very little. There's usually a lot more than what clients see. And the banks have been very successful at convincing their borrowers that their brokers or lawyers did nothing and that they should have come directly to the bank and the bank would have helped them directly. And to this I ask, if that were true, then why did they proceed with foreclosure? Why didn't the bank help?

So if your lawyer said it was a flat fee and his presence was able to hold the mortgage company at bay until the property was short saled, then he did do the job. And don't forget, since it was a flat fee, if he would have been required to put in many hours, that would have been his loss, as the two of you made that deal.

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