Can I fire my attorney and get a refund since they did not notify me 30 days in advance as agreed if they had sent it to the right address? 11 Answers as of April 28, 2014

I retained a bankruptcy attorney because I have lost my job and losing my home to foreclosure. I just received a notice that I had ten days to vacate because a foreclosure sale has taken place. My attorney was to contact me once she received the notice so I could pay the balance of the bankruptcy charges, I just found out that they did receive notification of the sale and mailed me a notice I am told on march 24 that sale was April 16. They sent the notice to wrong address I am being told today, and they did not send it 30 days in advance, as they promised.

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You can always dismiss your attorney and find another one. As to whether you will be successful in having monies paid returned to you that is not so clear. You should notify your present attorney of your feelings and request the monies back that you paid to her. Depending on the answer you get you will have to go from there.
Answer Applies to: Minnesota
Replied: 4/28/2014
The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
You may fire your attorney and request a refund. Whatever they refund to you will depend on the contract and their policies. If the attorney's negligence caused you to lose your home, you can also complain to the state bar and even look for a malpractice attorney if you like.
Answer Applies to: Wisconsin
Replied: 4/28/2014
Hicks, Massey & Gardner, LLP
Hicks, Massey & Gardner, LLP | Robert M. Gardner, Jr.
Something does not sound right here. Foreclosures in Georgia take place on the first Tuesday of each month, so no foreclosure could have taken place on April 16th. You are entitled to notice when the foreclosure notice is run in the local newspaper, but there is no real requirement that you receive the notice, and the mortgage companies attorneys only have to send it to the last address you have given them. You may want to sit down with the attorney you hired and see what she can find out for you. If you are not satisfied with her response, because it sounds like you have actually filed a bankruptcy case yet, you have every right to seek another attorney. Unfortunately, if there has actually been a foreclosure sale, there is not going to be anything a bankruptcy can do to recover the house.
Answer Applies to: Georgia
Replied: 4/28/2014
The Troglin Firm | William M. Troglin
You can certainly fire your attorney and ask for a refund. If he refuses then you can file a complaint with the State Bar of Georgia, 104 Marietta St., Suite 100, Atlanta, GA 30303, 404-527-8700. I am confused by your question detail where you say the sale was April 16. This is not possible as a creditor can only sell a property on the courthouse steps in the county where the property is on the first Tuesday of the month after running a foreclosure ad for four consecutive weeks prior to the sell date in the legal paper of the county. A notice by Certified mail must be sent to you 30 days before the foreclosure date and most attorneys send a copy by regular mail. April 2, 2014, was the foreclosure sale date for this month not April 16.
Answer Applies to: Georgia
Replied: 4/28/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Wouldn't you have received notice? If they "promised" to tell you that is not an agreement in writing so it should be based on any written agreements. As far as getting your money back, the retainer agreement will normally have the refund policy in it.
Answer Applies to: New York
Replied: 4/28/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You can fire your attorney if you like but you will not be entitled to a refund for work that has already been performed. You may have a case for malpractice against you if it would have made a difference to your case had you received notice of the foreclosure at an earlier time. Frankly, this story does not entirely hold water for a couple of reasons 1) the court, not your attorney, also notifies you of any pending matter regarding a foreclosure, and 2) the creditor is obligated to inform you about a foreclosure sale. Maybe the mailman is the real person to blame?
    Answer Applies to: Nevada
    Replied: 4/28/2014
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    You can always terminate counsel. Getting the refund will be the tough part.
    Answer Applies to: New Jersey
    Replied: 4/28/2014
    Detroit Lawyers, PLLC
    Detroit Lawyers, PLLC | Nick Best
    You can always fire your attorney. Whether or not you'll get a refund depends on what was in the retainer agreement you signed. You also have rights under 11 USC 527(a)-(b) and 11 USC 342(b)(1).
    Answer Applies to: Michigan
    Replied: 4/28/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, you can get a refund. If they don;t give it to - you file a complaint with the State Bar.
    Answer Applies to: California
    Replied: 4/28/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    You can always switch attorneys, but I would want to know what the mix up was about!
    Answer Applies to: Michigan
    Replied: 4/28/2014
    There are not enough facts to render any advice.
    Answer Applies to: Ohio
    Replied: 4/28/2014
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