Legal Question in Real Estate Law in New York
Excessive Legal Fees
Recently I received a letter from an attorney representing my mortgage company, stating that my mortgage was in default and they were preparing foreclosure proceedings.
The same day I receive the letter, I immediately contacted the attorney and was advised to contact a staff member to discuss the fees for reinstating the mortgage.
A week later I received the amounts - the back mortgage and the attorney fees and was given four days (August 4)to come up with the funds. The attorney fees was $2980.00. Because it took more than four days to get the funds , I asked the attorney for an extension.
The extension was August 13 for which I was charged an addition $880.00. Now I consider this $880 to be excessive and I want to go to arbritration to solvbe this problem.
What's my chances?
3 Answers from Attorneys
Re: Excessive Legal Fees
Your chances of winning return of the additional $800.00 are not good.
You should have been advised in advance of your payment what the additional money was for and why they demanded the payment. At that time you could have negotiated to pay less. If you paid the added money without "protest," it's unlikely you have reserved a claim to object to the additional $800.00 payment.
But, you can still try Small Claims Court.
Good luck,
Phroska L. McAlister,ESQ
Re: Excessive Legal Fees
You do not say if the money was for additional legal fees, which might be ruled to be arbitrary, or matters like interest, taxes, late fees, which you will probably lose. If legal fees, try to renegotiate them or try small claims court.
Re: Excessive Legal Fees
The chances of succeeding in your claim is poor. The only real option is to call the attorney and ask him to reduce his fee because you can't afford it. Good Luck.
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