What Do You Want from Your Attorney?

[Paul Molinaro Esq.]

NO LEGAL ADVICE HERE - JUST GENERAL INFORMATION - ANY SIMILARITIES TO ANYONE'S ACTUAL SITUATION IS JUST ONE HECK OF A COINCIDENCE.

With SB 94 Coming Down in California, my firm is trying to continue the loan resolution section of our practice... and we wouldn't mind some suggestions on what people would like from their attorneys... and do not say free services, youse wise guys.

For example, if we offered a Saturday work-shop to borrowers right in our law firm where our attorneys and legal assistants would meet people in small groups and then one on one to go over their loan mod applications, answer questions, and help prepare their files for submission. Would that be something you'd pay for? The idea would be, we teach you how to get the file ready and help you get it ready... then you submit on your own... We could have a Part II workshop where you learn the next steps... all the way to a workshop where you meet with attorneys to go over your loan mod paperwork when the lender sends it to you.

Would this be helpful? Would you pay a few hundred dollars for a four or five hour workshop?

Just one of the things we are considering.

- Paul

[Feelingtrapped]

Hi Paul,

I would be interested in this type of service or any type of service that helps homeowners prepare and understand the fluid changes involved in the loan mod, foreclosure, deficiency arena.

Most are whoefully unprepared to deal with all this as we have lives to try and live as well as save or respectfully lose our homes.

Reference SB 94,

Is the term in the bill causing the problem "preperformance compensation?" What defines performance? Is preperation of loan mod forms etc enough to satisfy a level of performance; hence allowing a graduated fee collection schedule as each case progresses?

Just some ideas. I would hate to see our ability to hire counsel taken away from us because of a bills technicallity.

FT

[djdavisla]

Hey paul........ I called you about 2months ago about a large property of mine, you were very helpful, spoke to me for about half an hour (for free) and that was very cool, but I will call and set up account as I do not expect that again. I thought I should go with my regular atty on a property with saxon. well, here I am two days away from a sale date and he emails me. .... I should talk to a bankruptcy attorney, ha, thanks, thanks alot...... anyway, I will call tommorrow, saxon says the sale is off, but trustee site shows it ready to go on friday morning, so hard to sleep at night, i have owned the property since 1986 . I sent them $5,000 western union today, i still have to send $15,000 more by saturday, which is one day supposedly after its sold at auction, anyway, thats my pain...............thanks

[Paul Molinaro Esq.]

NO LEGAL ADVICE HERE - JUST GENERAL INFORMATION - ANY SIMILARITIES TO ANYONE'S ACTUAL SITUATION IS JUST ONE HECK OF A COINCIDENCE.

Sorry to hear things are not going as planned... and this is sometimes the outcome no matter who you hire... Well, if you are looking for a BK attorney, we have Gregg Eichler on staff at Fransen & Molinaro, LLP... Gregg has been doing BKs since 1977 and knows this field very well... my firm handles BKs in Southern California.

And the disclaimer... for people who have already talked with me, this is not an advertisement for a law firm, it's just asking someone to call me again, if they are so inclined... for others... if this sounds like an advertisement for my law firm, then it is.

- Paul

[caldwellb02]

Hi Paul. Well I would love free advice but quite frankly we're all getting quite a bit of it here. I have been trying to do this myself because the scary part of hiring is the retainer + extra costs and no guarantee of result. Yet I know there is never a guarantee - couldn't be - whenever you hire an attorney for anything!

I would love the workshops, but quite frankly doubt that there would be any close to me (I live 1.5 hrs south of the northern border of CA). San Francisco is 6 hrs. away. But for people who can get to where you might do this, I think it would help.

Most of us have already started. We've sent their documents (in my case over and over and over and over again). I've posted my story on the thread "WaMu/Deutsche Bank). What I want to know right now is:

1. Once I write for a QWR (I think I may have a case) what do I do when I get the docs? Sounds like I have to hire an attorney to go over them.

2. I will go into default this month for the first time. Is there a best way to finesse this default thing till something gets resolved? (I'd of course like to keep my home)

3. How do you figure out the ratios? I'm planning on going to a credit service this week to try to get out of my credit card mess and reduce those charges ($15,000 total), so my monthly costs will be different or.... I might try bankruptcy. If I'm researching correctly, my second mortgage is really an unsecured loan now because my property value has tanked.

I don't know if this helps you. There will be people wanting your help who have not started this process at all, then there are others in the middle and others near the end. Part of your process may be in which of those groups you want to reach?

Thanks for all your help.

-Barbara

[ocdreamer]

Thanks for your service on this forum, it's much appreciated.

We've decided on a strategic default and I've been seeing The Professor recommend that an attorney familiar with CCP Section 580b review loan documents to ensure that the 1st and 2nd TD are indeed non-recourse.

That's all I'm really interested in at this point, perhaps a written opinion about the loan being non-recourse?


(btw this is for another situation for a different borrower, ignore posts from this account as that was a different situation).

[Nathan Fransen Esq.]

Most law firms that practice in this area will be more than willing to provide you with an oppinion letter regarding your lenders potential rights in terms of deficiency judgments. My office does these and the cost is typically $500-$700.

[ocdreamer]

Originally Posted by Nathan Fransen Esq.

Most law firms that practice in this area will be more than willing to provide you with an oppinion letter regarding your lenders potential rights in terms of deficiency judgments. My office does these and the cost is typically $500-$700.

Thank you so much, and thank you for your support of the loansafe forums, I've passed along this info and they will be contacting your office within a week (they're still mulling a decision). I'll tell them to reference the forum so you know you're getting some business/traction from here