House update, advice needed

Lanerbell

My house should be closing soon. The buyers signed a extention until the end of September, but my lawyer and the mortgage consultant say we should close before then. They are forgiving the difference and paying off my down payment assistance, so all in all it's a very good outcome.

We're still in negotiations though to see if they will pay my lawyer fees, but the thing is, my realtor and lawyer worked out a no fee or pro Bono situation for me, but now the lawyer is saying that that never happened. I never signed a contract stating fees and I have no idea what her fees even are. The only thing I signed was a notice of permission to work with my realtor and mortgage company. She states that her fees are greatly reduced, but this has been going on for months, so even reduced is going to be a lot. I might not have to worry about it if the mortgage company pays them, but that chance is slim. My realtor was blindsided with this as well and she's trying to work it all out for me. The lawyer said "Lanerbell can just put it on her credit card." um, no I can't. My one card is close to maxed and I'm not getting another.

Ugh, this really pisses me off. I would've never agreed to a lawyer unless it was at not cost to me and my realtor knows that. This is a lawyer she recommended and negotiated with. So what would you do? Since I never signed a contract does that help? I don't want to rock the boat because I haven't closed yet, but this is crazy!

ClaireDunphy

Do you have ANYTHING in writing? Emails? Does your realtor?

 

jenhappy

If you never retained this person or signed anything, I wouldn't pay them a red cent. It sounds like perhaps your realtor retained them and that's where the issue is. If so, it's between the realtor and the lawyer and not your problem.

Madisen

Actually she did sign something  that allows the lawyer to work with her rea and servicer.  if there was nothing signed stating specifically that it was in fact going to be pro bono, i'm not sure why the lawyer should not be paid by laner. sounds like the lawyer got her an awesome judgement in a recourse state - no deficiency owed to the bank and repayment of the buyer's assistance money. i doubt you would have gotten such a good outcome without her...pay the lady. oh, also, you may want to talk to an accountant, sometimes you have to pay taxes on the deficiency waived.

Lanerbell

Oh there's no denying she did a great job, but it was agreed upon in the beginning of this process that I would have no fees, if it weren't for that it would be no question, I would pay her. Well, actually I would've never used her to begin with.

I never signed a retainer, just the permission to work with my realtor and mortgage company and then various things from the mortgage company. I have saved every email and piece of paperwork that I've signed.

ClaireDunphy

Unfortunately, I really don't think you have a leg to stand on. You're very lucky that the house is going to sell & that in reality, this has not taken very long for a short sale. You're also lucky that you don't owe more.

Do you have any idea how much the attorney is going to charge you?

PantsOffDanceOff

Without reading the fine print on what you signed, I don't know that we can tell you where you stand. Plus none of us are lawyers anway. I hope you get it worked out.

Lanerbell

I have no idea how much she'll charge. The realtor is supposed to be working it out. We'll see.

Lanerbell

I just talked to realtor again and she said that it IS going to be pro bono and that I don't need to worry. There were communications with the paralegal and the lawyer's assistant that specified pro bono and she's worked it out in the HUD contract. I don't really know what that all means, but she assured me that I'm not paying. I'll keep y'all updated. Hopefully this will all be over soon.

jenhappy

Madisen:

Actually she did sign something  that allows the lawyer to work with her rea and servicer.  if there was nothing signed stating specifically that it was in fact going to be pro bono, i'm not sure why the lawyer should not be paid by laner. sounds like the lawyer got her an awesome judgement in a recourse state - no deficiency owed to the bank and repayment of the buyer's assistance money. i doubt you would have gotten such a good outcome without her...pay the lady. oh, also, you may want to talk to an accountant, sometimes you have to pay taxes on the deficiency waived.

Yeah, totally missed that. Ignore me.

This is why I read books so slowly. I suck at skimming.

MaryJaneWatz

I hope everything works out like your realtor is promising.