How can I get my refund from my attorney who agreed I am owed the money but now won't take my calls?
Asked on Nov 23rd, 2012 on Foreclosures - California
More details to this question:
I paid an attorney $3,000 to represent me in obtaining a mortgage modification. He assigned the work to his paralegal who was unsuccessful in doing so. The attorney then advised me to wait for the bank to foreclose, at which time he would represent me in court. After a year, the bank contacted me directly and I was granted the modification after a 3 month trial period. I notified the attorney that my loan had been modified and requested a partial refund for services rendered by his paralegal. He concurred that I was due money back. It has now been 2 months since this conversation and he does not respond to my emails or return my phone calls. I requested an appointment to meet with him two weeks ago with no reply.
My advise would be to send a letter outlining the circumstances as you did here. If you receive no response, I would contact the bar association and ask for advise how to schedule a fee mediation.
File a complaint with the State Bar. In Ca., it is illegal for an attorney to accept an advance fee for loan modification work. The Bar will require him to refund the full $3,000 you paid him.
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