Attorney Won't Go Away

[dasmom]

Hired an attorney to fight the foreclosure. Decided to walk away. Sent atty letter of dismissal last week by certified letter and fax. Sent to all other parties involved as well, including the court. Told attorney this decision in person the week before.

Have been getting calls from my former attorney about what action to take on my case and atty has not withdrawn court appearance in foreclosure matter. Not answering atty calls because don't want to be billed for additional time.

I refuse to pay another dime for legal representation to anyone regarding the foreclosure since I am moving on.

Other parties in case won't talk to me because this attorney's appearance is still listed as active in the court. Spoke to court clerk, no solid suggestions there.

If I file an appearance in court will that automatically remove my former attorney?

What else can I do to get this atty to withdraw?

[AngelinaCatHub]

Boy is this rare. Usually you cannot get a lawyer to return a call or work for you. I see you having just the opposite. Actually, your attorney is stuck on your case and cannot just leave. Here is what he should do, he should make a Motion for withdrawal and he must list a reason, such as "mutually agreed on" etc. If he fails to do that, then you may make a Motion to release him and go pro se. A hearing would come up and the Judge will simply grant it. Make sure you send him a certified letter that his services have been discontinued so you don't get billed for the hearing time. Make it a business 'nice' letter, not anything caustic. He is only doing his job.

Once you are pro se, then you make a Motion for dismissal or withdrawal whatever legalese properly used. It certainly can be found on the Internet. Hope this helps. 'Hub

[dasmom]

@ AngelinaCatHub

Thanks for your reply.

I already sent the dismissal letter certified to the attorney. I received the green usps card last week with his legal assistant's signature on it. In his phone messages he has acknowledged receipt of the dismissal letter by fax and certified mail.

I don't understand why he would leave me messages asking me what he should do about the pending foreclosure and negotiating a deed in lieu if he is no longer my attorney.

I will check into filing a motion to release him or whatever is appropriate in our civil court.

I guess this is a pretty rare situation since the court clerk had no idea on how to handle it.

[AngelinaCatHub]

@ AngelinaCatHub

Thanks for your reply.

I already sent the dismissal letter certified to the attorney. I received the green usps card last week with his legal assistant's signature on it. In his phone messages he has acknowledged receipt of the dismissal letter by fax and certified mail.

I don't understand why he would leave me messages asking me what he should do about the pending foreclosure and negotiating a deed in lieu if he is no longer my attorney.

I will check into filing a motion to release him or whatever is appropriate in our civil court.

I guess this is a pretty rare situation since the court clerk had no idea on how to handle it.

You got that right. However, the lawyer is asking questions that he may deem helpful to you. I would give him leave on that issue. You already let everyone know your intent is not to ride through or reaffirm but just to give it back in bk. No big deal. If you wish, you may write the Judge directly in the form of a "Court Paper" (copy to both sides, your and the banks lawyer) as to your intention. The Judge may summarily dismiss the case, or respond on PACER. I'm not a lawyer, but I know the Lawyer cannot just walk out of a case even if you fire him. He has to perform a legal withdrawal.

I believe you are handling it properly as is. 'Hub