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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4215
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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We red a attorney who stated when first red m he would get

Customer Question

we hired a attorney who stated when first hired him he would get us a loan modification with our lender who is Bank of America. On Friday 11/13/2015 rec'd settlement agreement that we would not sue b of a nor Green Tree Server, or Countrywide and New York Melon for their wrongful practices the attorney informed us we have instill Sunday the 15th of November to sign these documents but, he asking us to give up all rights and we may not still get a loan modification on our home and neither can our heirs sue any of these inity either. we do not understand all the language in the agreement but, he telling us we need to sign. We are in a mass joiner sue against these Lenders with another Attorney however the Attorney we hired to help save our home states signing the documents would not effect the mass joiner but, language reads different in the settlement agreement it informed us we forfeit our rights to sue any of these Lenders. we do not want to sign because we are not guaranteed loan modification not per the attorney but nothing in the agreement talks about a modification only about giving up our rights to sue and a 5,000.00 amount for not suing as a settlement amount also, he wants to sign a w-9 for taxes purposes he explained anytime you settle you have to sign one also, he wants us to sign a w-9 for another Attorney we never spoke with nor hired.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 1 year ago.

Hello, I am happy to assist you today.

It sounds like your instinct is correct. If you sign a document waiving your right to sue, then the lawsuit that you have ongoing will be impacted. It does not sound like this attorney is representing your best interests. You asked for a loan modification, and it sounds like you are getting something much different.

If your intent is to continue the lawsuit I would recommend not signing this agreement.

Best of luck,

Kim

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