My Attorney acting like an A$$

[screwedupbyRE]

and I don't know what to do....

I talked with him in April explaining that I want to apply for the loan mod. They gave me the so called "Authorization" letter that I can talk with the Bank.

So, I initiated the process with Bank of America and got the loan modification done with awesome interest rate and the terms that I really wanted. I thought I'm blessed but.... bank wants court approval before 9/1 otherwise their offer is expires. Fine, so I contact my attorney 5 weeks back. He said he'll do it within 14 days and it will not change my ch 13 plan since there's hardly any access $s. And he'll keep the plan as is since he had cut my other expenses in order to qualify me for ch 13 (while filing ch 13). FYI, I'm making bare minimum payments required for ch 13 in my county.

so, it's been 3 weeks I have been calling and his staff would tell me than XXXX will call me in hour or so.... but he never does.

It takes approx 2 weeks for court to process and send the approval letter to bank. As the time coming close, I've started to panic and not sure what to do.

Can I sue this sucker if things fall apart because of him?

any tips?

[LadyInTheRed]

Before thinking about suing him, let's try to keep things from falling apart.

It sounds like all of your contact with your attorney and his office has been over the phone. Write him a letter and recap your conversation with him when he said "he'd do it" within 14 days. Be specific about what he said he'd do. Describe your efforts to follow up. Included dates of your conversation with him and your telephone calls to his office. Ask him to file whatever needs to be filed right away. Remind him of your bank's deadline and ask him to contact the bank if he can't get court approval by the deadline. Send the letter by email and certified snail mail. Call him an hour after you send the email to follow up. Ask him what he's going to do and when he's going to do it. Ask him to confirm his answer in writing. Stay on top of him and monitor the progress. Always follow up conversation in writing even if it's just by email. Keep copies of everything. If it doesn't look like you'll have court approval in time, make sure he calls the bank. You should call the bank too.

If you don't get the mod because of his delay, you will have some documentation to use in a malpractice claim.