I think this falls under lawyer misconduct, but it is related to real estate law.We hired an attorney in November2009to begin foreclosure procedures on a property that we own&had not recieved a payment on since July2008.Instead of beginning foreclosure procedures,the lawyer began accepting payments.He never informed us he was collecting money nor did he send us any money.When we tried to discuss this with him, he informed us he has been putting the money in a trust.When asked what trust, he is not able to explain very well.We asked him to send us all correspondence between himself and the tennant.He sent one letter dated November16,2011which basically asked the tennant how they planned on resolving the missed payments.All contact with this attorney has been difficult.We have since learned that he has been diciplined&suspended twice (1998&2007)My question is:Is what this attorney done legal/ethical? What recorse do we have in regards XXXXX XXXXX since he was collecting payments?
State/Country relating to Question: California
Talking to the attorney, repeatedly.
Good evening. You have several options.....because obviously what he has been doing is not only unethical but also illegal. You can: i) file a formal ethics complaint with the state bar Association; ii) you can file a suit against him for legal malpractice, iii) you can file another civil suit for fraud, entitling you to actual and punitive damages; and iv) you can contact the district attorney's office and pursue criminal prosecution for fraud and embezzlement.
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Okay. So, we have options with regards XXXXX XXXXX attorney. We will discuss it as a family and decide which option to follow. I do wonder what options we have regarding the foreclosure on the property. Will we still be able to foreclose on the property if the tennants were making payments "in good faith" thinking we were getting the money? We have been batteling these tennants for many, many years regarding this property. They also owe several years of back property taxes.
If the payments were being made and collected by someone that the tenant would have the right to believe was acting as your agent, you would not have the right to foreclose. But, if there are payments that have not been made to anyone, then the tenants are in default, and you can foreclose on the property based on that default.
Texas lawyer for 32 years; Also RE developer
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