The Vicary Law Firm

THE FORECLOSURE PROCESS

DO I NEED A LAWYER?

Some homeowners facing foreclosure do not need a lawyer.  I will not take your case and waste your time and money if there is nothing I can do, or if it is simply unnecessary for you to hire an attorney.  If your case and your financial situation will not benefit from hiring a lawyer I will let you know.  My consultation is free.

IF YOU NEED A LAWYER, HIRE A LITIGATOR

A foreclosure lawsuit is just like any other lawsuit with a plaintiff suing a defendant.  Just like any other lawsuit, the lender as the plaintiff must prove its case in court with evidence.  Accordingly, to defend a lawsuit you will need a lawyer who is trained as a litigator.  I am not a real estate attorney who simply drafts contracts and does real estate closings.  I was trained as a trial attorney and am able and more than willing to take your case to trial if necessary. 

THERE ARE NO GUARANTEES

Unfortunately many homeowners facing foreclosures fall prey to those who make false promises about saving their homes or saving their credit.  Not every home can be saved, however, and I will tell you all of the advantages and disadvantages to any strategy we agree to use on your behalf.  What I will promise is to act diligently, assert every defense that I can plead on your behalf in good faith and to make the bank produce the note and evidence to support every element of their case.  In many cases the bank may have difficulty proving their case especially if the bank has lost the note.   In some cases I may find violations of applicable federal laws governing home sales and mortgages.  If I have leverage or the lender stumbles in Court, I will do my best to get the case dismissed or to settle the case in a manner that reduces the amount of the loan to the current value of the house (or less).

REASONABLE FEES BASED ON YOUR NEEDS

Many foreclosure defense lawyers change a one-time upfront fee.  If you want to know how many hours that lawyer expects to spend on your case just take the total amount of the upfront fee and divide it by the lawyer’s hourly rate.  If the upfront fee is $2,100.00 and the lawyer charges $300.00 an hour, the lawyer expects to spend seven (7) hours on the case.  With an upfront fee once the lawyer gets paid the whole fee up front what is their financial incentive to continue working on the case?  Other foreclosure defense lawyers change by the hour.  One month the lawyer might charge for just one hour but if during the next the lawyer completes discovery, goes to court, and files an answer the lawyer might bill for ten hours.  If the lawyer bills ten hours the client’s bill may go through the roof and the client might be unable to pay the full bill.  My bill is the same every month.  For loans under $500,000.00, the client’s monthly out-of-pocket cost is just $400.00.  If, as a result of my efforts, the case is dismissed with the client keeping their home, or the mortgage loan balance is substantially reduced, I receive a contingent bonus.  My entire fee agreement is in writing so there are no surprises. 

SERVICE ONLY IN MIAMI-DADE, LEE, AND BROWARD COUNTIES

If you live in Tampa, I will not take your case because I have no intention of going to court in Tampa.  The same goes for Tallahassee.  I am currently taking cases only in Miami-Dade, Lee, and Broward Counties.  If you are not in one of those counties and would be better served by local counsel I will let you know.  While I would love to be able to personally help you in other counties, there is simply no way I could cover the entire state of Florida, and I would not pretend to do so.

Don't ignore those legal documents!  Preserve your rights!  Call me for a free consultation!