My house was going into foreclosure. I hired a law firm to help me keep my house. I paid over $7000 to them. They did nothing for me my house was foreclosed on. They kept switching lawyers. They were supposed to be helping me get a loan modification. I still have no idea why the loan modification was turned down. I never received anything from my lawyers. I have yet to receive any legal papers. I only found out that the bank took my back because a realtor left a note on my door. I was only given 24 hours to pack up 15 years of stuff and leave. My attorneys would not even help me get an emergency stay of writ so that I could get all my stuff and my kids stuff. They sold the house for 20,000 more than what I originally paid for the house. I was told there was no surplus due me. Now i am homeless lost a houseful of things I didn't have time to get. And i have tried for the last 6-7 months to find an attorney to take the case.
You will have trouble finding such lawyers as 99% of such cases are simply disgruntled homeowners blaming lawyers for the loss of thier house when the client never agreed to nor paid for the legal work and defenses they claim afterwards out of desperation. By example, if you paid $7,000.00 up front for a foreclosure defense and modification assistance, and the property was foreclosed on in a say 6 month period, you might have a viable issue to address. IF on the other hand you spent $7,000.00 over a 2 year period paying $250.00 a month to the lawyers while not paying your mortgage, and THEN complain they didn't save your house, its obvious that this is becuase that was never the deal, never the intention and certainly not consistent with the legal fees paid. At $250.00 a month you would be paying essentially for 1 hours legal worka month. This is typical with the arrangement for foreclsoure lawyers to stall and dragout the foreclosure process so YOU not they can seek a modification, short sale or the like. In such instances the $250.00 while you pocket the value of the mortgage payment by not paying it is the focus of the defense strategy. That stated, whether such a claim exists against the lawyers will start with whcih fact pattern were you closer to, the first leans toward a possible claim, the latter, not at all.
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