Legal Question in Real Estate Law in Virginia

forclosure/eviction

my attorney told me he could stop a forclosure in 1 days notice so i hired him, i was trying to modify my mortgage to stay in the home, 7 days later the bank forclosed. Now i have an court date for eviction in 3 weeks, and my attorney does not return my calls, what can i do?


Asked on 2/05/09, 8:13 am

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: forclosure/eviction

Overtuning the foreclosure would be very difficult.

Whether it could be done would require much more information, including looking at (a) all the ORIGINAL loan documents in the original package that you received from the lender, (b) the documents involved in the foreclosure.

If you want, I could take a look at these and see what might be done.

However, you MAY have a lawsuit against the lawyer for any losses.

I WOULD NOT SAY ANYTHING ABOUT THAT, but keep writing letters to the lawyer and try to get the lawyer to say something in writing admitting the facts.

Did you sign a fee agreement with the lawyer? Did you write him or her a check?

It will be very easy for the lawyer to say "Yes, we talked, but I never officially took the case." So you would have to establish whether or not the lawyer actually was hired and agreed to work on the case.

Let me know if you want to explore it. You should obviously move quickly.

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Answered on 2/05/09, 5:40 pm


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