Legal Question in Mediation in Washington

We are trying to get our home loan modified,I was laid off ,unemployed ,goingbtobschool now,unemployed runs out on Tuesday.So,husband has spoke to an Aatorney in California that we received a brochure in the mail for loan modification help.We have had our payments jump on us due to Escrow/property taxes.our mortgage is $1850 husband take home $ $2600.We are broke until I get work we've fallen behind on mortgage now by 3 months.We need help but this Attorney wants us to pay $3995,with 1st payment due on 1/23.but we have not seen anything in writing nothing has been sent to us from Wells Fargo.im not feeling comfortable about this my husband signed this I did not.he didn't date it,so were not sure it's binding.If we had an extra $1500 to pay him the next 2 pay periods we would but this is going to leave us with noway to pay for utilities,medical,other bils,or even food,gas,Does it sound legitimate to pay $ upfront to a Attorney that's in another state.imthink we should of found a Hamp Attorney up here in Kitsap county,Washington state.our Mortgage company would modify but we've done paperwork 2 times they are constantly having us change things and the program they want to do would cause us to keep our high mortgage after I return to work full time and the months they modify they want to tack that onto our original loan amount.Its totally not feasible,this is why we're seeking legal help.Please let us know if this process with a out of state Attorney sounds legal? We have seen nothing except the paper work husband was sent. Hope this makes sense.we just need to get our payments to a affordable payment and get our late fees waived or added to end of mortgage to be able to get back on our feet.Our home has depreciated in the 6 yrs we've had it by 50,000 but our payments went up $150. We'd appreciate any advise or suggestions.im very worried,scared about going this route with a firm we haven't even received anything from in writing and yet they want $ this week.weve seen no Gurantees our mortgage payments will get lowered ,nothing that gives us security in this descion.$3995 is 3 of my husbands pay checks,he tried to explain this to the Attorney.Thank you for your time and any input you can give to us in advance.Would sure appreciate it.


Asked on 1/19/14, 1:22 pm

1 Answer from Attorneys
Amir John Showrai The Pacific Law Firm, PLLC

I should start by writing that you have posted this in the wrong section on LawGuru. If you repost in real estate, you may get better responses. Nevertheless, although this is not an area that I regularly work in, I would encourage you NOT to use an out-of-state attorney since much of the law governing your mortgage falls under Washington law, and unless this attorney has a license to practice in Washington, they're likely not going to know all the ins and outs of Washington law as it relates to your mortgage.

HAMP is a federal program, but again, you have a Washington state mortgage which is why I encourage use local counsel. Additionally, I understand the frustration you've encountered since I, as an attorney, have had to chase my tail in helping prior clients obtain refinancing for relief under HAMP, HARP, and HAFA. The alphabet soup of acronyms aside, I encourage you to talk to local real estate agents and mortgage refinance people to see who they recommend, who is local to you, who can help you without a demand of nearly $4,000 upfront.

While it is normal to pay attorneys a fee deposit to be applied to work done in the future, in your case, with the economics of the situation, this does not seem practical. Again, although I don't have anyone to refer you to enter County, I have to believe that local mortgage brokers and real estate agents will have plenty of names ready for you. Whomever you are referred to, ask them for references and check and make sure their business license and professional license is up-to-date. There are many con artists in the mortgage refinance game because the level of desperation on the part of borrowers is so high they are often more easy to swindle.

Best of Luck!

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Answered on 1/20/14, 4:21 pm


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