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Statue of limitations on winning case against BOA. false foreclosure I filed a motion to recoup my attorney's

Davis Junction, IL |

fee's they have responded with a threatening e-mail to drop the case. What is the statue of limitations on the judges decision to reinstate so they cannot reopen this case ? I have been advised that if i win this motion the bank can appeal and cost me thousand in appeals cost.

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Attorney answers 3


In most states attorneys fees are not recoverable by a party unless those fees are either authorized by statute or specifically stated as recoverable under the terms of a contract between the parties. Thus, you need to check to see if attorneys fees are recoverable in the type of action in which you're seeking them. If you filed a motion to recover attorneys fees and it is not statutorily permissible and you don't have a contract with BOA that permits their recovery, you will not be entitled to attorneys fees, period.

Moreover, if you were seeking attorneys fees in connection with your false foreclosure lawsuit, you should have made a claim for those fees DURING that lawsuit. It's likely that you did not bring a claim for fees in time (in most states, all claims against a party in an action must be brought at the same time to avoid piecemeal litigation). It's likely that if you did not bring a claim for attorneys fees during the wrongful foreclosure suit then you will be precluded from seeking them now.

Consult a local attorney for more guidance.

DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.


You are confused. Statute of limitation is not the issue here. If you are looking to repoen a case. that means it was disposed of. If you want to modify an order or have it reconsidered, then you need to file a motion within 30 days of entry under section 1301, or if after 30 days but within 2 years under section 1401 if you show due diligence and a meritorious defense. If you are looking to recoup fees, that means you have/had a lawyer. You really need to consult with your attorney. If you are actually looking for fees as part of a sanction under SR 137, then you still would be best served by a lawyer.

It's not clear who advised you or even if your adviser was a lawyer, but fighting BOA is really foolish unless you have a lawyer and your lawyer is confident you can and will win.


I agree with the other attorneys, get yourself an experienced lending/banking lawyer and stop risking your financial future! Your chances of prevailing against BofA and their team of experienced team of lawyers is slim to none! Also, if you rep yourself, you can't recover attorney fees, not to be cruel, but this is just more evidence you don't know what you are doing and need an attorney ASAP!

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.