Legal Question in Real Estate Law in California
attorneys fees
Would a loan Modification offer by my lender be considered a ''gross Recovery'', and thus my Attorney ask for 1/3 of the reduction? In this case it would be from current $431,596,82 to $181,596.81. In my present financial situation, I wouldn't be able to ad another $75,000, Her 1/3, to the loan and still accept the offer. If she will not take a MUCH lower offer, say $5,000, which would bring her total after one year to about $15,000, can we accept the loan modification on our own and let her sue us for Her recovery fees?
2 Answers from Attorneys
Re: attorneys fees
Mr.Nelson is correct. There are, however, many companies offering the assistance of an attorney to obtain a loan modification and then charge around $2000 or somewhat more. None of them charge as a pecnetage of the reduction. Unless your attorney is offering something really special, I think she may be charging a much too large fee that would get her possibly in trouble with the State Bar. Check your agreement with her to see what she is able to charge, call her and find out what she does plan to charge, and ask why it is so much greater than what others charge? You may be able to gt out of the contract with her on the basis that she is not really saving you what she claims to be doing. Also, I thnk she would think twice before suing you for that much as yuou could bring in witnesses that it is very excessive. Waht did she say to you to originally justify thta large of a fee? She may have been guilty of misrepresentation so the contract if voidable.
Re: attorneys fees
If your retainer agreement allowed a percentage of the reduction as fees, as would logically be expected, then your attempt to refuse proper payment to the attorney is a breach of your contract. Yes, you'll get sued. However, the attorney may be able to stop the lender from closing the deal with you until the attorney is paid. Why would you think you can breach the agreement without penalty?