Legal Question in Real Estate Law in California

Is their any attorneys in California that handle post wrongful foreclosure cases on a contingent basis


Asked on 3/30/16, 7:28 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

Sure. I do. The trouble is, we can only do it on VERY solid cases with all but guaranteed cash settlements or judgments. That's the whole trouble with contingency. Unless liability cannot reasonably be disputed AND the defendant will have to pay enough money to pay a reasonable legal fee out of the judgment or settlement, a lawyer can't take the case. We can't afford to work for free anymore than you can. So unless it is pretty clear there will be at least some reasonable pay-out at the end, including compensation for waiting to be paid and the risk of non-payment, we can't take a case or we'd go broke.

And a really solid wrongful foreclosure case is REALLY rare, since the grounds for a wrongful foreclosure case are pretty limited in CA, and the time limits are very tight. It is WAY easier to challenge a foreclosure before it happens.

But if you really think you have a case, talk to some attorneys in your area and see if they agree. No attorney will tell you you don't have a case if you do. That would be turning away free business.

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Answered on 3/30/16, 11:44 pm


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