Legal Question in Real Estate Law in California
I have hired an attorney to submit and finalize a Home Loan Modification this was on June 2009.
I did sent all the documents and filled the forms he asked including the payment fot $5,100.00 dollars he asked. I call his office and he told me that another person in the office was handling my paper work, he gave me this third person telephone extention number which I have called several times and he is never there, I have left messages and he never returne them..
I called the lender and found out that the last set of documents I sent to his office which was confermed that he received, but were never submitted to my lender.
3 Answers from Attorneys
Yours is a very common problem. Every month in my State Bar magazine I read about disbarments and discplinary action against scam artist loan mod attorneys. If you haven't lost your house already you are very lucky. The bottom line is that unless there was some illegality in the lending process, there is pretty much nothing an attorney can do to get you a loan mod that you can't do yourself or with the help of HUD. I suggest you send a written demand for a full refund from this scammer, report him or her to the state bar, and start working with HUD and your lender directly to save your home.
You are entitled to a response from the lawyer you retained, and not have to depend upon reaching some employee who may or may not still be there. Check the lawyer's status as a Bar member at www.calbar.ca.gov and consider lodging a complaint with the Bar.
I agree with Mr. Whipple. Most of these loan mods are scams. I spoke to one of the Deputy Trial Counsels of the State Bar and they are inundated with this stuff. You may want to find out if there is a list of these guys they are cracking down on. If so, you may have to seek recovery from the Client Security Fund.