How Do I Select the Best Attorney??

[Marie T]

I need advice on how to choose an attorney. I cannot use the attorney on this site as I am out of state.

About five months ago I had met with two different attorneys - one recommended by a mortgage broker and one I found on the internet saying she specialized in bankruptcy and loan mods. After meeting with them, I figured out I knew more about this process than they did. It was a "free initial consultation" with both so I was just out my time. They both confirmed what I already knew...I had a "bait and switch" loan, consumer fraud and maybe some mail fraud too. Both seemed more interested in going to court and sueing Washington Mutual than getting my loan modified.

After that, and through learning as much as I could from this forum, I decided to do the modification without an attorney. I met with a local foreclosure prevention non-profit who referred me to the Chase Homeownership Center. On the first application for modification I was turned down for insufficient income. I resubmitted as my income had increased and then last month WAMU/Chase apparently determined we made too much, so they came up with a payment that is $700 more than my current payment. More than 3 weeks later, I am still waiting for documents for that "modification" so that I can turn that one down and reapply as it is unaffordable.

I do not have a Fannie or Freddie backed loan. Initially I was told that because a WAMU mortgage broker did my refi in-house, and my loan was never sold to an investor, my modification would be stream-lined. Now I have been told that WAMU is the investor and WAMU has to approve the mod even though Chase purchased WAMU last September! I get letters form Chase and WAMU and neither knows what the other is doing.

So last week, my husband and I decided this is taking a toll on me and I need to find an attorney to help me. Not like I haven't already tried on my own and I am a fairly intelligent person. The non-profit I had spoken to said I should involve an attorney but they can't refer an attorney as they are HUD backed/sponsored whatever. I looked at my state's State Bar Association website and there's about 600 real estate attorneys with only about 7 listed as specifically handling loan modifications and predatory lending.

I had the idea of looking at the local newspaper's website for stories on foreclosure, loan modification, loan fraud, etc. and came up with about 5 attorneys that were quoted.

My question is, how do I figure out what attorney can do a good job for me? I know there are no guarantees but if I am going to pay out some big money here,when I am behind on house payments, I want the best chance for success. There are tons of ads online and on the radio for "attorney backed" modification services. I actually met with one of those last week and the guy could not answer most of my questions although he showed me a copy of his mortgage broker license. He told me that one of their attorneys would call me and ...surprize...I am still waiting! He would not give me the name of the attorney they're "backed" by ...the whole thing sounded flaky.

So..if anyone has a great ideas...please let me know. I am now 3 months behind on my mortgage and starting to really freak out. I was trying to keep it no more than 2 months late but could not pay the payment by August 15th. I can probably pay a payment this week but that won't make sense if it will just go into a suspense account. One of the attorneys I talked to told me he had clients who had not made a mortgage payment in 24 months!!

[Garry]

When you get about five payments behind you will have the banks full attention. You'll find it much easier to get a mod, it may even fall in your lap without asking.

[steveherb]

Yes I would relax because it really does take its toll on health. Smart of you to start researching the attorney. I got into this early before warning signs came around, so I got took the three grand on a modification scam and another $900 for an audit which is no more than Quailfied Written Request sent to your lender which I probably could have done myself.

It's true after three maybe four months someone qualified from your lender may call but in the mean time record all the harrassing phone calls from debt collections. The best I can think of is to go to your attorney generals website and file a complaint there although they still advise you to obtain a lawyer but they'll probably point you in the right direction.

[Marie T]

Just had a call this morning from WAMU...first time I heard from them in weeks and she's telling me this is a courtesy call to let me know they were backlogged and just now FedExing out my package. I told her I had been told it was sent August 10th and now I find it still has not been sent ...kind of like the original modification application package that I never did get.....I finally found that I could get it online!

Now they're calling it a "forbearance three month trial" and she told me it does not include insurance and taxes so my payment would be even more. She said the payments were to start in September but I have til the end of month to make payment. Anyway, I will post more detailed info in thread on Chase.

Steveherb - sorry you got taken, I talked to a bunch of those companies doing loan mods and some of them are really slimy. I almost went with one but thank heavens I was on this site by then and learning some things. I did my own QWR and it didn't cost me anything other than I sent it certified, followed examples on this forum.

Garry - I could make the original payment by Friday but not this new one. We have had such a bunch of bad financial issues since the beginning of the year - mostly having to come up with money for the IRS - that even though we are three payments behind, I have not been able to set any of the missed payment money aside!