One of the coolest things we get to do as a foreclosure
defense lawyers is write checks to clients. Most clients hire our firm under an arrangement in which
they pay us a flat fee each month for the first hour we work on the case and
any additional hours are worked on a pure contingency basis. Under such an arrangement if we want
to get paid for the rest of our time we need to win the case and recover
attorney’s fees from the bank.
When we get foreclosure cases dismissed or win cases on summary judgment
or at trial, we go after the banks and servicers to get paid for the rest of our
time and to obtain reimbursement for our clients for the attorney's fees they previously paid.
Redacted check issued to client after firm obtained dismissal of Wells Fargo's foreclosure case and obtained a judgment against the bank for attorney's fees. |
If you scroll though our blog you will find quite a few
attorney fee judgments that order banks and loan servicers to pay attorney’s
fees to our firm. One of our
clients asked why we put fee judgments and fee checks up on our blog. The reason is to let homeowners know
that that some of the time homeowners win and that when they go shopping for a
lawyer what law firm they choose makes a difference. Some lawyers who represent homeowners confuse foreclosure
delay with foreclosure defense. To
us foreclosure defense means fighting foreclosure cases with a goal of winning
a significant portion of our cases and finding solutions through settlement,
loan modification, short sale or deed in lieu for the rest of the cases when
possible. Our sophisticated
clients want more than knee-jerk, cookie-cutter, stall tactics. We evaluate our clients' cases with an
big picture view that considers asset protection and tax consequences.
When we win cases and recover fees from the bank our fee
judgments are usually sufficient to return to the client a substantial portion
for the fees the client previously paid.
This past week, I got to write a check for $2,651.00 to a foreclosure
defense client of our Melbourne office.
We obtained a dismissal without prejudice of the client’s case after Wells Fargo’s lawyers failed to timely comply with a Court order. For the past five months there has been
no pending foreclosure case against our client ( the bank has not re-filed),
our client has made no mortgage payments, and he has had no legal expenses. Now the client has received a check to
reimburse him for more than half of his prior legal expenses.
To see a redacted copy of the check to our client full size in a separate window click the link below:
Redacted Check
To see a redacted copy of the check to our client full size in a separate window click the link below:
Redacted Check
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The reason is to let homeowners know that that some of the time homeowners win and that when they go shopping for a lawyer what law firm they choose makes a difference.
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