Legal Question in Real Estate Law in California
i got this lawyer to help us with our modification. and he has not done anything, and he said the bank offered us a modification that is around $192 dollars more than what the bank offered us before, he called last night and said he would give us $1,000.00 back, but we just give him $2,000.00. i told him we were going to take him to court, and that is why he called last night. we need all our money back, my wife and I are on permanent disability. we cant afford this
2 Answers from Attorneys
I know there are a lot of unethical profiteers offering legal or other assistance to folks in trouble with their home loans, and sometimes or perhaps often providing nothing or very little effort in exchange for a significant retainer. This may be true in your situation as well. On the other hand, can you fairly say the lawyer has done nothing? You did get an offer from the bank through him. Just because it was not a good offer doesn't necessarily mean the lawyer has done nothing. If you want to register a complaint, contact the California State Bar, but be advised that getting an offer you don't like is not the same as doing nothing.
I disagree with Mr. Whipple, strongly. Attorneys are forbidden from taking money up front for loan modifications. This is a major ethical issue that the California State Bar is tackling right now.
Here is a pdf link to the issue: http://ethics.calbar.ca.gov/Portals/9/documents/SB94FAQ_Revised_2011_ PAW.pdf
Contact the State Bar immediately.
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