Legal Question in Legal Malpractice in California
I paid a law group, Jonathan R. Ellowitz law group thousands of dollars to facilitate a mortgage loan modification with my bank. The law group passed me around between negotiators for over a year and then shut their doors, vacated the office, and disconnected their emails and phones leaving no way to contact them. I have been scammed by a lawyer. I have a signed contract stating I am owed a refund if they are unable to negotiate a modification. I also have a statement showing payment. What they did was criminal and I know for a fact I was not the only only one.
I have submitted my case to the California state Bar association and the Attorney General of California.
What are my other options for getting my money back from this thief and making sure he gets punished?
2 Answers from Attorneys
So far you've done the rights things. The State Bar has been taking these complaints very seriously and a number of attorneys have already lost their license for scamming homeowners like yourself.
The most obvious other thing you can do is to file suit against Ellowitz, perhaps even on a class action basis, for breach of fiduciary duties, malpractice, and perhaps even fraud. I can refer you to very experienced attorneys who handle such cases.
I will not pass judgment on this attorney since you are presenting only your side of the story. If you believed you have been wronged by anyone, in addition to the appropriate steps you have taken assuming your facts are correct, you may file suit against the attorney. Either or both the Bar and prosecutor might secure restitution for you.
In the meantime, though, if you can still do so, you should contact the lender, explain the situation, and see if you can make progress yourself in securing a loan modification.
On behalf of the legal profession, I apologize if you were wronged.
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