Legal Question in Real Estate Law in California
My Aunt hired an Attorney for assistance in obtaining a loan modification...this has been in process for over 9 months and so far all they received was a trial modification which was supposed to be for 3 months but the bank is still accepting the trial modification payments for over 8 months. The attorney has not been able to get a permanent modification. Now the attorney wants additional money as a retainer and $1,000 per month so that he can sue the mortgag company...meanwhile he has advised my Aunt to no longer make payment to the mortgage comapny. Does this sound right?? What if he sues them and doesn't win the case...then she will be out all of the retainer money plus the $1000 per month and will be even further behind with her mortgage company.
1 Answer from Attorneys
Actually, if she stops paying the mortgage, they will foreclose and she will be out of the house.