HOW MUCH DOES FORECLOSURE DEFENSE COST?

A review of Google searches made by Florida homeowners performing on-line research suggests that there are a significant number of homeowners trying to find out how much it costs to have an attorney defend them in foreclosure litigation. While our firm includes its price in its website ($495.00 per month on loans under $500,000) it appears that most law firms do not include their prices in their websites. To help homeowners make informed decisions about the cost of hiring a lawyer to defend themselves and their home in a foreclosure case, it is necessary to discuss the four most common pricing models among law firms that defend foreclosure cases. The four most common models are: Fixed Fee, Hourly, Monthly, and Hybrid.

FIXED FEE
ADVANTAGE: The Homeowner Pays One time.
DISADVANTAGE: Lawyer has little incentive to work on the case. Arrangement may put lawyer’s interest of obtaining reasonable hourly rate in conflict with client’s goals.
CAUTION: Look our for hidden fees.

When a lawyer represents homeowners on a fixed fee basis all the money the lawyer will ever receive is in the lawyers hands on day one. Working harder on the case or spending more time on the file will not benefit the firm’s bottom line. If the lawyer charges $2,400 for a fixed fee defense and usually changes $300.00 per hour, then you can divide the cost of the defense by the hourly rate to figure out how many hours the lawyer expects to spend on the case. Will the lawyer who is hired on a fixed fee basis take a deposition or file a motion to compel better answers to a request for production of documents, if doing so only increases the amount of work the lawyer has to do and the duration of the case? Will the lawyer hired on a fixed fee basis attend mediation and summary judgment hearings on the client’s behalf. Some lawyers who accept foreclosure cases on a fixed fee basis only intend to file an answer and discovery requests. If a fixed fee representation is being considered the homeowner should be frank with the prospective lawyer during the initial interview. The client and lawyer should be on the same page as to what is included in the fixed fee and whether the lawyer contemplates attending mediation and summary judgment hearings.


HOURLY:
ADVANTAGE: Lawyer has a financial incentive to work on the case
DISADVANTAGES: Lawyer has a financial inventive to work on the case. Fees may vary widely from month to month.

It is hard for consumers to evaluate how much time various legal tasks require. The lawyer may have incentive to perform work because it is billable rather than crucial to advancing the case. The amount of each bill may vary greatly depending amount of time spent by the lawyer.




MONTHLY:
ADVANTAGES: Fees are the same every month. Lawyer has a financial incentive to work on the case.
DISADVANTAGE: Penalizes lawyer for rapid resolution of case.

For a homeowner seeking to stay in their home for as long as possible, monthly fees will align the interest of the lawyer and the client. For a owner of a vacant investment property monthly fees with a cap on total months or a bonus for a quick resolution can modify a monthly fee arrangement to make it work for all parties. With monthly fees the fee is always the same so there are no surprises for the client. Monthly fees make foreclosure defense affordable for many consumers who lack sufficient cash for a one time up front fee, and can’t afford high hourly fees.

HYBRID:

A hybrid fee arrangement combines two or more of the above models. For instance a firm might change hourly with a monthly cap on the total fee. Some firms also include a reverse contingency where the firm receives a bonus in the event the firm is able to obtain a reduction of the loan balance or interest rate. Under a reverse contingency the firm is paid a portion of the savings the client receives as a result of the representation.

UPDATE (May 2012):  This blog post has now been read over 2,000 times!  When evaluating the cost of a specific law firm homeowners should not ignore a firm's results and choose a lawyer on price alone.  A cheap foreclosure defense lawyer who does a bad job will most likely costs more than an expensive foreclosure lawyer who does a good job.  When our firm firm wins foreclosure cases we file motions against the bank to recover attorney's fees for the benefit of our clients.  Firms that win cases and recover fees from the the bank can substantially decrease a client's legal expenses.  For more information on recovering fees from banks see our blog post The Robin Hood Law Firm. 

UPDATE 2 (July 2013):  New Post about BAIT & SWITCH pricing strategies being used by some law firms.  To read the post click here.

Consumers with questions about the cost for Shuster & Saben to defend a foreclosure case in Miami-Dade, Broward, Palm Beach, Collier, Lee, Martin, St. Lucie, Indian River, or Brevard County can e-mail foreclosuredefeneselaw@gmail.com.

Is HAMP one big Scam?

Yesterday, CNN published an article about Home Affordable Modification Program otherwise know as HAMP and the Obama Plan Modification. The article is titled “450,000 At Risk In Foreclosure-Prevention Program.” If you have not read the article here is a link to the story. I was suspicious of the banks participating in HAMP before the article was published. Too many times I our law firm has heard from homeowners who had stopped making mortgage payments and were contacted by their lenders about a HAMP modification. The homeowners were promised that is they made three (3) trial payments they would be approved for a HAMP loan modification that would reduce their mortgage payments. The homeowner would be told that if they made the three trial payments and submitted the requested paperwork (usually pay stubs and tax returns) they would receive a loan modification, the amount of which would be determined during the 90 day trial period. Many of the homeowners contacting our firm for help made the three trial payments only to be told that they did not qualify for a modification or that their documentation was incomplete.

After reading CNN’s article, I am beginning to feel that HAMP is just a scam perpetrated by lenders against homeowners. The statistics reported by CNN show that less than 10% of the homeowners who have participated in HAMP received a permanent modification. Specifically, CNN reports that while 787,200 homeowners are in trial modifications but only 66,500 people have received permanent adjustments.

A bank-loving lobbyist might speculate that the reason for so few modifications is a failure by the homeowners to make their three trial payments on time. Such speculation would be WRONG as the Treasury Department confirmed to CNN that three-quarters of the homeowners in trial modifications are making their three trial payments on time.

My suggestion for Florida homeowners that are not in foreclosure and are considering a HAMP modification is get everything in writing. If a homeowner who has not paid their mortgage in several months is called about HAMP, the homeowner should request written confirmation that if they make three timely trial payments they will receive a permanent modification. The amount of the permanent modification should also be provided before the first payment is made. After the first payment is made and the documents are submitted, the homeowner should call to confirm receipt of the documents and confirm that no additional documents are needed. If a bank representative orally confirms that no additional documents are needed such confirmation should be reduced to writing in the form of an E-mail or letter to bank confirming the conversation. By confirming that the lender or servicer does not need any additional documents the homeowner takes away the lender’s ability to call after receiving 3 payments and only to tell the homeowner that they must start over because one form was incomplete or missing a signature or comma.

For homeowners who already in foreclosure any loan modification should occur as part of a written settlement agreement reviewed by the homeowner’s legal counsel. Before the homeowner pays one thin dime, the homeowner must know what performance on their part will result in the dismissal of the bank’s case and the amount of interest rate and loan balance reduction they will receive in return for their resumption of monthly mortgage payments.

Homeowners who made three HAMP payments and did not receive a permanent modification should consult a licensed attorney to evaluate if the homeowner has a claim for either fraudulent inducement or breach of contract. Our firm is litigating against Litton and Bank of America for breaching a loan modification agreement. Homeowners with further questions about this issue my inquire by e-mail to foreclosuredefenselaw@gmail.com