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Questions to Ask Attorney Before Retaining:

• How long has the attorney been practicing foreclosure defense?


• What are his/her strategies and tactics in that defense?
• How many foreclosure cases has the attorney defended?
• How many foreclosure cases has the attorney gotten dismissed?
• How many foreclosure cases has the attorney appealed?
• What are the names, case #s, court docket #s of those cases?
• Is the attorney a litigator? (“litigation” is filing motions, taking depositions, subpoenas
and appearing in court for hearings and trial)
• Besides filing an answer or a motion for extension of time, what will the attorney do to
defend the case?
• Does the attorney have a court reporter at every hearing in order to preserve issues in
your case for appeal?
• Is the attorney willing to fight it all the way and not settle for a loan mod?
• Is the attorney familiar with all the hot topics of MERS, assignment fraud, signature
fraud, HIDC (ownership to foreclose), securitization issues, etc.?
• Has the attorney ever been disciplined or suspended from the bar?
• Does the attorney offer bankruptcy as an integrated service?
• How do they charge? Hourly? One big retainer, pay as they bill? Small retainer, pay as
they bill? Small retainer and set monthly payments? If paying initial retainer and a set
monthly payment, how does that monthly payment transfere into actual billable hours? If
billable hours do not use up monthly retainer, will there be a credit to future billing? (e.g.
$1000 payment but that month billable was only $500, will the $500 carry over?
• Based on how they bill, will they charge for any copying, emails, phone conversations,
etc. This is standard but with those that do a monthly set payment, they often will not
charge for the incidentals.
• Will they provide you a copy of all pleadings, complaints, actions, filings, responses, etc.
regarding your case?

Recommended Reading and Resource Books

• Foreclosures by National Consumer Law Center


• Truth in Lending by National Consumer Law Center
• The Cost of Credit by National Consumer Law Center
• Consumer Law Pleadings by National Consumer Law Center
• 23 Legal Defenses to Foreclosure by Troy Doucet
• Structured Finance & Collateralized Debt Obligations by Janet M. Tavakoli
• Legal Research: How to Find & Understand the Law by Stephen Elias & Susan Levinkind
• Business Law by Robert W. Emerson, J.D.
• Civil Procedure: A Contemporary Approach by A. Benjamin Spencer
• Behind The Black Robes: Failed Justice by Barbara C. Johnson
• Stop Foreclosure Now by Lloyd Sega
• Mortgage Wars by Iris Martin
• Creature from Jekyll Island by G. Edward Griffin
• Modern Money Mechanics by Federal Reserve Bank of Chicago
• www.jurisdictionary.com

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