You can try. But it is a hard case to prove and win.
Side note: unless your mother was in an adjustable rate mortgage, mortgage interest rates don't normally go up when a person defaults on payments.
No bankruptcy attorney (except maybe really bad ones) will, out of the blue, tell a debtor to stop making mortgage payments. More likely, the comment was made in response to some question your mother asked. I am only saying this so you can get a sense of what you might be up against.
Mom: Gosh, my mortgage interest rate is so high, is there anything I can do?
Attorney: Have you tried to refinance?
Mom: Yeah, they turned me down because of poor credit and not enough income.
Attorney: You could try for a loan modification.
Mom: How do I do that?
Attorney: You would need to contact the bank and ask; however, most banks will not discuss a modification with you until you stop making payments. (which is true, even most bank reps will tell you that they won't entertain a modification until the debtor is behind on payments).
As I said, you can try to sue. But I have a sense that the conversation took place within a certain context and that within the confines of that context, the comment may have been accurate information or at least not rising to the level of malpractice.Ask a similar question
Even though the advice was nonsense, I think it would be impossible to sue and win. The earlier response gives an excellent rationale for the reason why.
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My guess is that you have only got part of the story. Obtaining a loan modification is not something anyone can guarantee that someone will obtain. The old strategy thought to improve someone's chances for a modification was to stop making payments but to set the money aside just in case. The strategy today to get a loan modification is to calculate in a couple of ways whether the homeowner will qualify for government loan modification programs offered by the mortgage company holding your Mom's note. I can't say whether suing the attorney is an appropriate option, but if it is, it is not your option, it is Mom's option. Don't expect a compensation check to arrive anytime soon either. You should look for more immediate options. Hope this perspective helps!Ask a similar question