Need advice on sending a letter to my attorney

[kayday]

I have posted a few times and I am still trying to find the right thing to do here. I feel my mortgage company has charged me fees illegally and my attorney office isn't helping. I have yet to even be able to speak to the attorney herself but only to the paralegal. I have this long letter to send to the attorney to let her know our problem and all dates of payments of mortgage (sense paralegal seems to think I must have missed something). I was wondering if someone would be willing to read the whole thing to see if it makes explains our issue enough and if they think it will even help. Also if you think I maybe wrong and I should just eat their charges and move on.

[HHM]

First, helping you specifically with the mortgage falls WAY OUTSIDE the scope of representation, that really is an issue between you and your mortgage company, not between your BK attorney and your mortgage company. The mortgage company is ALLOWED to charge certain costs and fees.

Just because the attorney is your attorney for bankruptcy, does not mean that they are your attorney for EVERYTHING within the purview of your financial life. Not to be too cruel, but you hired the attorney 5 years ago for bankruptcy, they filed your bankruptcy and got the plan confirmed, that pretty much ends what they need to do for you. Anything involving the mortgage, assuming the attorney would even take on the issue, would require additional fees on your part and be paid up front. That is just the way it works.

Second, attorneys DO NOT appreciate long letters. If you really want to get somewhere with your attorney, schedule a meeting (and even offer to pay for the time).

Third, the mortgage fee issue is not an unknown problem (at least in the last year or two), but so far, courts are generally allowing the fees and costs charged post BK. That doesn't mean there is no way to challenge the fees (based on reasonableness, lack of notice, etc), and new BK rules sort of address this issue, but the new rules do not say they cannot charge a fee, the new rules simply state they must disclose any new fees within a certain period of time.

[kayday]

Just to explain a little.....after a 2009 motion to release I paid all they told me to pay. They kept me 1 month behind for a while and when I saw I asked about it and they said no I was current. So then in Aug 31st I called to make late Aug payment then Sept I called to make Sept payment only to find out they reversed aug 31st payment and referred acct for motion to release. I asked where the payment for aug 31st went and not one could knew. Then on Sept 26 they applied 800.00 to attorney fees (motion is still referred not filed). So at that point they said I owed the 1 payment I was told not behind on sense 09 and the aug payment they reversed and for Sept. Then when I called on 10/6 I was told on 10/5 they took the motion to release off. I thought ok great they saw the misstake and will credit the 800.00 back. So I made payment for Sept. on 10/6. Well then on 10/7 a referral for motion to release was done again. This referral is still just referred and not filed yet and acct still is as was. They are saying I owe Aug. till now. During all this and many many calls one rep tells me I have a over 500.00 credit on the acct and its been there for a while (think sense the 09 motion). So does all this sound right and legal? Does my attoney have nothing to do with any of this?

[HHM]

As for your attorney, not really their problem (hate to be blunt).

Based on your other posts, it appears you are at the end of 60 month plan, so the 2009 issue must have come up AFTER confirmation, so at some point you fell behind or did something, tried to cure on your own, and now you are facing the nightmare that is mortgage accounting. But, I hate to say it, this is your responsibility short of "paying" an attorney (yours or another one) to help you.

[kayday]

Blunt is fine...just want to know. Yes in 2009 we fell behind but the agreement that we made with our mortgage company was make between them and my attorney and we agreed. The agreed amount was to cover all past due plus 800.00 attorney fees to mortgage company. Okay so at this point looks like i'm on my own. So probably will pay more on more attorney fees than the 800.00 they took and probably won't come of anything b/c it sounds like they can do this.

[lillymarlene]

First, helping you specifically with the mortgage falls WAY OUTSIDE the scope of representation, that really is an issue between you and your mortgage company, not between your BK attorney and your mortgage company. The mortgage company is ALLOWED to charge certain costs and fees.

Just because the attorney is your attorney for bankruptcy, does not mean that they are your attorney for EVERYTHING

For what it's worth, I just went through a situation, where a bank tried to charge me fees for going into a chapter 13. I am now 14/48 months into my ch-13, confirmed May 2011. Then in June, my mortgage bank sent me a statement, that they were going to charge me $900 for their attorney's fees, to file a claim against my bankruptcy.

I was reluctant to do so (the general consensus here seems to be that your bk lawyer only takes you through your 341 or maybe confirmation) but my boyfriend and a few other people kept urging me to contact my attorney. Then I looked on my attorney's website, and it said something to the effect of: Go ahead, present clients are also encouraged to ask questions...So I e-mailed him.

He said that the bank was well within its rights to charge these fees, but they seemed very high, and he'd look into it for me. Next thing you know the bank wrote me a letter that they decided not to charge any fees.

So, either the bank decided to be nice, which I think most likely not, ha, ha. Or probably I have a nice lawyer, who just did me a favor.

[HHM]

I am not necessarily saying don't contact the attorney. But don't do it in a long letter. Set an appointment.

But I am preparing you for the reality that if you have a "less" dedicated attorney, you may not get anywhere.