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

Sign up to vote on this title
UsefulNot useful