What can my sister do regarding a breach of contract? 4 Answers as of September 23, 2013

I am asking on behalf of my sister. This matter relates to a personal loan she made to a couple. This was done through a lawyer. It is a promissory note for $20,000 dollars. They agreed the couple to pay for legal fees plus interest $2,000.00 which was payable in three years. This contract was drawn up last year the total would come out to $23,000.00 dollars. They have put up for collateral their home a lien their business they are now seven months behind and refuse to pay. In the contract, it states it states if they refuse to pay on time and my sister has to start foreclosure on them they agreed to pay for all legal costs. So far nothing even her attorney who drew up the contract and it is registered with the state as a private loan. I want my sister to get another attorney. I feel her attorney is too lenient with the couple. Does she have any legal recourse or are there any attorneys out there who will take the case and agree to be paid after every thing has been seized? Thank You.

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
I doubt any attorneys will be paid on contingency but you can look.
Answer Applies to: New York
Replied: 9/23/2013
Armstrong Kellett Bartholow P.C.
Armstrong Kellett Bartholow P.C. | Gary Armstrong
There are attorneys who will take a case like this on a contingency. Typically 30 to 40 percent of the debt.
Answer Applies to: Texas
Replied: 9/20/2013
Stephens Gourley & Bywater | David A. Stephens
She has recourse if she has a mortgage or deed of trust against the property. The recourse is to foreclose. Most attorneys want to be paid to do a foreclosure because the foreclosure sale often does not net any money and the lender ends up buying the home with her note.
Answer Applies to: Nevada
Replied: 9/19/2013
Frank Law Group, P.C.
Frank Law Group, P.C. | David E. Frank
While some attorneys will agree to handle cases on a contingency basis for 30-40% of the total amount recovered, it is highly unlikely that you will find one to do so in this context where the chances of recovering the money may be questionable. Most attorneys will only handle a case like this on an hourly basis, typically anywhere from $200 -$400 per hour. Depending on how hard the borrowers choose to fight, it could cost your sister several thousand dollars to pursue this.
Answer Applies to: California
Replied: 9/19/2013
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