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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
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Experience:  Experienced Licensed Attorney
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I am under the impression that it is against the law for someone

Customer Question

I am under the impression that it is against the law for someone to charge for loan modification and foreclosure prevention assistance. For example, I had a friend give some $600.00 to a Richmond, Virginia company that said they would stop the foreclosure of their home. They did nothing for her situation and she found out that they should not have charged. She reported them to the State and she got her money back.

If this is the case, does this also apply to lawyers who say the same thing - I can help stop the foreclosure of your home?

Do you also know if the Supreme Court of Virginia has ever reversed a foreclosure and if so, under what circumstances would they do such?

Cathy
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Unfortunately, attorneys are permitted to charge a legal fee upfront for any work that they do related to foreclosure / loan modification assistance and licensed attorneys are prohibited from providing any guarantees to their clients as far as the outcome of their work.

So, the answer to your question is YES, lawyer can charge upfront fee for foreclosure defense related services, however if the lawyer failed to perform services for which he/she was contracted and paid for, then the client might have legal recourse against such lawyer, which might include refund of all legal fees, legal malpractice claim and also disciplinary action by the state Bar, if it is determined that the lawyer failed to perform legal services for which he/she was paid by the client.

Unfortunately, I did not find any precedents by the Virginia Supreme Court, where the judgment of foreclosure was reversed.

I wish you the best of luck.
Customer: replied 1 year ago.

Ok.....paid an attorney several thousand..... filed prior to foreclosure and assumed that such a filing would have stopped foreclosure. It did not. House auction....and there was a 30 day window before the court ratified the sale. The attorney did nothing during this window of time to stop the courts approval of sale. Could he have?


What could he have done at this point in time?


Time passes now......


Delay tactics in place now.....My attorney files various motions...Bank addresses Demurrers.....NOVA judge sides with bank..... now my attorney wants to "file motion reconsider" or just appeal to VA Supreme Court for a hefty $10K. Surrender house and avoid Unlawful Detainer- trial in Feb.... Lost Demurrers and will most likely now be out of home in March.


 


Is it a lost cause now knowing that VA Supreme Court has not reversed any foreclosures and a waste of money to even try.

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Unfortunately, I cannot tell you whether an appeal to the Supreme Court would be a "lost cause" as there is no way to even try to estimate the chances of success of such appeal, without knowing all the details of your foreclosure case and reviewing all the documents related to your foreclosure case.

Basically, it would be up to you to decide whether it is worth to spend $10k for an appeal, which at a minimum might slow down the foreclosure process and might allow you to stay in your home for some time.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 13523
Experience: Experienced Licensed Attorney
Alex J. Esq. and 6 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I paid an attorney prior to foreclosure date in January 2012 to file paperwork to stop foreclosure which was the intent of the filing. The filing did not stop the foreclosure. Since that time.....legal filings have been delay tactics. There was a filing challenging bank with Robo signing, etc. The Demurrers except one were dismissed by the judge. Hoping to file "motion to reconsider". Otherwise, according to attorney, next step is VA Supreme Court. UD trial is set for Feb 2014. This is final "throws". Will be out of house most likely after Feb. VA being a non judicial state leaves a homeowner with little recourse. Judge did not want to hear that there were improprieties by bank and servicers.


 


What do you think are chances of judge hearing "motion to reconsider?"


 


Looking for new attorney who will take on post foreclosure or foreclosure reversal challenge in Northern VA.

Customer: replied 1 year ago.

Did you receive my last comment/concern?


 


 

Expert:  Alex J. Esq. replied 1 year ago.
Dear Catherine,

Thank you for your follow up.

While Motion to Reconsider can be filed, in most cases the judges would not change their own ruling, unless some new material evidence / facts have surfaced, that could not be discovered / available at the time of the original court hearing on the issue.

We are not permitted to refer JustAnswer.com customers to any specific attorney or law firm, but you can find an experienced local Real Estate / Foreclosure law attorney by using this well trusted and reliable attorney information / referral websites:

www.martindale.com

www.lexmundi.com

www.lawyers.com

www.justia.com

I wish you the best of luck and please let me know if you have any related follow up questions.

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Alex J. Esq.
Alex J. Esq.
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