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Is there a real estate lawyer that would take a case on a contingency basis regarding several mortgage violations? mlpmp258

Atlanta, GA |

I had a audit done on my mortgage and several violations were found. I want to speak with an attorney, would I need a real estate attorney or another attorney.
Also, would they be willing to work on a contigency basis?

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Attorney answers 2

Best Answer

The amount of damages for RESPA and TILA violations can be relatively small for a single individual but can be huge if it involves a Class of people whose rights were violated in the same manner. You may want to consult with a Class Action attorney in your area and offer to be the "named plaintiff" for a Class Action suit. As the named plaintiff, your recovery might be higher than other class members and your grievances stand a better chance of being redressed.

This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.


Some real estate attorneys, or an attorney who specializes in "work outs" or other mortgage related matters. As to contingency, possibly. The determination to take a case on a contingency basis is a business decision for a law firm. They trade billable hours on your case (potential high risk) for work that could be done and compensated on an hourly basis (low risk). Accordingly, the amount that they can recover is factored against the work that must be done PLUS the "risk factor" to determine whether your case would merit handling on contingency. As a mortgage case can easily run up fees of $25K+, the opportunity to recover has to be high enough to repay that PLUS the risk factor, otherwise, the attorney cannot "share" the "risk" with you.

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