Complaints

• Initial Complaint

  10/01/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  Upon listening to the **** ***** Show, I contacted Matthew Baysingers Office and spoke with a para-legal who assured me that I would receive a mortgage reduction. Elated, I retained Matthew Baysinger's law firm, and paid $1,200.00 as a down payment, with six monthly payments of $500.00 to follow. On March 25, 2024, I was contacted by ***** ****** "Legal assistant", who stated that he would handle my case with an attorney, (whom I only spoke with once). During our conversation I explained that my mortgage abruptly ballooned from $1,496.00 a month to $1,906.00 a month and I needed a loan modification. On April 29, 2024, I was contacted by *** ***** who forcibly stated that the **** had an outstanding offer that I needed to accept. *** ***** further stated that my Current Payment of ******* with a 3.87% interest rate was no longer an option, and that I needed to take current offer of $1,908.39 with a *****% interest rate. I declined the offer of *****% on May 11, 2024, due to mortgage payments BALLOONING to over $2,000.00 a month. I then asked *** ***** if he would negotiate ME keeping my same *****% interest rate. To no avail. *** ***** continued to "forcibly pressure me" into signing the deal that I declined. Matthew Baysinger's Law Firm was working with my Lender to force me into BANKRUPTCY. *** ****** nor my "Attorney" never negotiated my Mortgage Reduction! MATTHEW BAYSINGERS OFFICE DID NOT HELP ME *** ***** repeatedly requested that I file bankruptcy. UNDER DURESS, on September 10, 2024, I forcibly signed a mortgage modification loan package with a 6.5% interest rate. On September 23, 2024, I received an EMBARASSING LETTER from Matthew Baysingers firm stating that I was in FORECLOSURE

  

  Business response

  10/17/2024

  By letter dated October 3, 2024, you requested me to respond to a complaint submitted to the Bureau by my former client ****** ***** **** *****)regarding my firms representation of him in respect of the residence commonly known as ******************************************************************** (the Property).  Mr. ***** retained my firm on or about January 24, 2024 to represent him in connection with his delinquency on his FHA mortgage secured by the Property. As described in detail below, Mr. ***** has grossly mischaracterized the nature and extent of the legal services we rendered on his behalf, our candid projections about the potential range of outcomes and the relative value of the services we performed, including protecting his interests in foreclosure proceedings against the Property. While we understand Mr. ****** frustration over the events that radically changed his ability to support the mortgage he obtained, his discontent with the solution we put on the table for him is a function of his unfortunate financial circumstances and fiscal reality rather than any dereliction of duty on our part.

  By the time Mr. ***** retained my firm in January of 2024, ********* total delinquency was approximately $8,000.00.  Mr. ***** had been terminated from his previous position and was without employment at that time. Although Mr. ***** was actively seeking a full-time position throughout the period of our representation, his monthly gross income at the time he retained the firm was approximately $0.00. Because he had already defaulted on his existing mortgage terms and had a sizable delinquency, Mr. ***** did not qualify to refinance his mortgage through another lender.  As a result, our mandate was initially to protect Mr. ***** home from the Lender until his income was restored.  When his income began to return, we could then negotiate with his lender for repayment terms, attempt to forestall foreclosure proceedings as long as possible, while also considering the viability of other options such as loan reinstatement or even a bankruptcy. 

  Although the Lender did not initiate foreclosure while ******** was initially delinquent, the Lender always had the right to file a foreclosure proceeding at any time unless Mr. ***** reached a definitive agreement to restructure his outstanding delinquent mortgage balance.  As we interceded with the Lender, they did initially restrain themselves from filing foreclosure for the next five months,ultimately filing on June 26, 2024. Typically, a Lenders standard operating procedure is to simultaneously pursue foreclosure and entertain negotiations to resolve the delinquency, and ********* **** was no exception. We explained all of this to Mr. ***** both at the outset of the representation and again after the Lender filed the foreclosure action.

  We also are compelled to address Mr. ****** claim that we promised him a specific outcome, including a lower monthly payment or lower interest rate. That is not accurate. Having represented clients in positions similar to Mr. ****** for many years, as a matter of professionalism and practicality, we staunchly refrain from suggesting to any client that we know or can control the outcome of any negotiation with any mortgage lender in any particular set of circumstances. It is true that we proudly publicize favorable outcomes that we have achieved on behalf of prior clients, but disclosure of those results always is tempered by our candid disclosure that every **** is different and that past performance is no guarantee of future results.

   Aside from the fact that Mr. ***** was aware we could not guarantee an outcome, we obtained a fair agreement initially, and later obtained a better one.  First, on purely economic terms, Mr. ***** is not immune from the sea change in interest rates occasioned by the *************** raising the prime interest rate to approximately 8.5% between early 2022 and the present. That factor alone has accounted for millions of Americans being priced out of the ability to purchase or maintain ownership of a home,even where their gross income was not reduced to the same degree as Mr. ***** experienced during this period. Second, the terms of the workout proposal we procured on Mr. ****** behalf provided him relief from having to repay the full $22,000.00 in delinquent payments he owed as of September 2024.  Mr. ***** acts as though the fact that his property taxes increased his mortgage payment (like so many have experienced in ********) is somehow our failing instead of a byproduct of the current real estate housing market.

  Mr. ***** also fails to note that he is a repeat client.  He sought our services in 2020 as well.  At that time, we were able to strike an accord with his Lender and lower his interest rate from 4.5% to 3.875%.  The change in interest rates today make that a great difficulty as FHA backed loans most commonly mirror what is in the market at the time of negotiation.   He is both familiar with our attorneys and our methods.  Nothing has changed with our client representation or our ability to get results, but the overall current economic landscape is not without some effect. Mr. ***** also seems to think that not paying a mortgage for almost a year and keeping your home is just something that is happenstance.   If it was not for our involvement the home would likely be scheduled for foreclosure auction.   Our negotiations delayed the filing of foreclosure for months, and even after the **** was filed, it never proceeded past the initial **** phases.

  Finally, Mr. ***** has demanded that the firm return to him much of the fees and costs he paid the firm in connection with the representation from January 2024 through the present. Mr. ***** paid the firm a total of $4,995.00 over the course of the representation the precise amount that is identified in the Retainer Agreement on what is essentially a fixed fee basis.  We respectfully submit that the reasonable value of the professional services we provided Mr. ***** exceeds the amount he paid the firm over the course of the representation.

  We always strive to achieve the best outcomes for our clients to remain in their homes.   The fact that Mr. ***** expected a lower payment does not diminish in any way the importance or the significant value of what we did achieve on Mr. ****** behalf.  We respectfully submit that the information set forth above establishes that we discharged all of our professional duties to Mr. ***** throughout the representation and that we stood ready to provide any additional assistance he might have required. ******** elected to take the deal before him, which in my opinion, ultimately was the best offer he was going to receive.

  Customer response

  10/23/2024

   
  Complaint: 22367640
  
  I am rejecting this response because:
  
  Sincerely,
  
  ****** *****

• Initial Complaint

  03/29/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Have taken ****** for adding name to deed have not called about probate haven't added name after year half asking to to pay probate then cancel services took money

  

  Business response

  04/10/2024

  The written response has been uploaded as .pdf file.

• Initial Complaint

  05/17/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Hello, I retained Matthew C. Baysinger in the winter of 2022; I throughly explained to them the issue with my home foreclosure, that it was not the ordinary foreclosure and that they were about the 6h set of attorneys that I have explained this to in order to find the help that I needed. I know for a fact that I explained everything in pure detail because of the fact they were 6th, maybe even 7th in line. I initially spoke with ****, I told him that there was fraud committed on the sale of my house, documents I had never seen, a 2nd mortgage added without me knowing and a plethora of other details that took place with the purchase of my home; and nonetheless, it was in foreclosure and I needed major assistance. I explained to them what other attorneys told me I needed from the right attorney, in which I asked if they could provide. I was told by this office multiple times that they had to consult with other attorneys at the firm to see if this was something they could handle. After 2, 3 phone calls, Matthew C. Baysingers firm advised me they could assist me and asked me to pay the retainer $1495 and $500 monthly payments. After submitting all my documents and them attending the first court date, I stopped receiving phone calls with any updates and I would have to call to find out what was going on. There was also an attorney ******** who advised me she would help me file a complaint with the **** who NEVER called me back to help with that at all; even after I made several attempts to reach her by phone and email. Another attorney *****, who I later found out was just a paralegal would call me and explain nothing but just say, you have a court date coming up or he had to call me back and even called me with the incorrect information and told me my bankruptcy was filed. I had to call and ask to speak with a manager to find out exactly what was going on with my case and he too advised me that because of my specific issues, he had to get with multiple attorneys to find out if they could really tackle and assist with my problems. My home purchase was a result of predatory lending and fraud. Once the manager called me back he promised they would assist in getting my issues resolved and a modification on my home. That never happened. After several more conversations and promises to help, they finally advised me that no they would not be the right firm to assist me; after I paid the money. They told me to stop making payments monthly and that they would stay on my case until I found the right attorney BUT what they did not tell me is that the other party in my case had filed for a summary judgment to sale my home and they filed no response, allowing the judge to ***** the judgment from the other party! They even lied about what was in the file. Also, they never paid the $231 filing fee at the courthouse either! When I asked for ALL my money to be returned they told me no because they used a portion to pay court fees and prepare documents for me, when they lied and did nothing! They only returned $1000. They still owe me $995. I had to pay the filing fee that they never paid to the court and when I went to my next court date, they hadnt even withdrawn from my case when I signed off for them to do so. I emailed them advising of all of this and got no response.

  

  Business response

  05/30/2023

  I acknowledge receipt of the complaint asserted by my former client *************************. The professional relationship between **************** and my firm is governed by the terms of a written retainer agreement. This is critical for two principal reasons. First, the retainer agreement contains an express provision regarding the process through which any disputes between **************** and our firm regarding the firms representation must be resolved. **************** agreed to be bound by this specific provision as a condition of my firm undertaking responsibility for representing her. By initiating this complaint with the BBB on issues arising out of this professional relationship without having first followed the procedures set forth in the retainer agreement, **************** has breached that agreement. As a result, the firm would be well within its rights to decline to respond to the instant complaint unless and until *************** complies with the dispute resolution mechanism to which she agreed.
  
  Without waiving our objection to the manner in which *************** brought this matter to the BBBs attention, the fact that we provided professional services to **************** in our capacities as attorneys licensed to practice law in ******** constrains on our ability to fully respond to Ms.******* claims on the merits. The **********************, which has the exclusive constitutional authority to regulate the conduct of ********-licensed attorneys, has promulgated rules that prohibit attorneys from publicly disclosing confidential information exchanged between attorneys and clients within the scope of the representation. Respectfully, the BBBs dispute resolution process does not incorporate the critical protections that would have to be in place for us to disclose information that is protected by the attorney-client privilege. As a result, I am limited in this response to addressing information that does not require me to breach my ethical obligations under the applicable ********************** Rules.
  
  **************** retained the firm in or about November 2022 in connection with an ongoing dispute arising out of her purchase of home,including her delinquent payments to the financing entity that provided her to funds to acquire the property. Ms. ******* summary of the facts omits numerous crucial details about my firms representation of her and, generally, her contentions are factually, logically and legally incorrect. Among other things,**************** neglects to mention that she obtained financing to acquire the property through a private mortgage provider on unusually aggressive terms, a factor that substantially complicated efforts to find viable solutions to restructuring Ms. ******* debt. In addition, upon determining that certain claims **************** wanted to assert were outside the scope of our representation, we promptly made clear to **************** that she urgently should seek out other counsel to protect her interests with respect to those claims.We cannot be blamed for any failure on Ms. ******* part to act with the degree of urgency needed. Finally, in demanding that the firm return to **************** all fees she paid to us ignore two key points. First, the retainer agreement she signed expressly states that the initial retainer fee of $1,495.00 is a classic retainer and is not refundable. Second, we represented **************** for approximately five (5) months, during which time I personally reviewed her file in detail before formally undertaking the representation, evaluated both traditional restructure and potential bankruptcy options and spoke directly with **************** multiple times for extended periods. As a result, we consider our decision to have returned more than half of the approximately $2,000.00 she paid to firm a very reasonable and fair outcome.

  

  Business response

  05/30/2023

  I acknowledge receipt of the complaint asserted by my former client *************************. The professional relationship between **************** and my firm is governed by the terms of a written retainer agreement. This is critical for two principal reasons. First, the retainer agreement contains an express provision regarding the process through which any disputes between **************** and our firm regarding the firms representation must be resolved. **************** agreed to be bound by this specific provision as a condition of my firm undertaking responsibility for representing her. By initiating this complaint with the BBB on issues arising out of this professional relationship without having first followed the procedures set forth in the retainer agreement, **************** has breached that agreement. As a result, the firm would be well within its rights to decline to respond to the instant complaint unless and until *************** complies with the dispute resolution mechanism to which she agreed.
  
  Without waiving our objection to the manner in which *************** brought this matter to the BBBs attention, the fact that we provided professional services to **************** in our capacities as attorneys licensed to practice law in ******** constrains on our ability to fully respond to Ms.******* claims on the merits. The **********************, which has the exclusive constitutional authority to regulate the conduct of ********-licensed attorneys, has promulgated rules that prohibit attorneys from publicly disclosing confidential information exchanged between attorneys and clients within the scope of the representation. Respectfully, the BBBs dispute resolution process does not incorporate the critical protections that would have to be in place for us to disclose information that is protected by the attorney-client privilege. As a result, I am limited in this response to addressing information that does not require me to breach my ethical obligations under the applicable ********************** Rules.
  
  **************** retained the firm in or about November 2022 in connection with an ongoing dispute arising out of her purchase of home,including her delinquent payments to the financing entity that provided her to funds to acquire the property. Ms. ******* summary of the facts omits numerous crucial details about my firms representation of her and, generally, her contentions are factually, logically and legally incorrect. Among other things,**************** neglects to mention that she obtained financing to acquire the property through a private mortgage provider on unusually aggressive terms, a factor that substantially complicated efforts to find viable solutions to restructuring Ms. ******* debt. In addition, upon determining that certain claims **************** wanted to assert were outside the scope of our representation, we promptly made clear to **************** that she urgently should seek out other counsel to protect her interests with respect to those claims.We cannot be blamed for any failure on Ms. ******* part to act with the degree of urgency needed. Finally, in demanding that the firm return to **************** all fees she paid to us ignore two key points. First, the retainer agreement she signed expressly states that the initial retainer fee of $1,495.00 is a classic retainer and is not refundable. Second, we represented **************** for approximately five (5) months, during which time I personally reviewed her file in detail before formally undertaking the representation, evaluated both traditional restructure and potential bankruptcy options and spoke directly with **************** multiple times for extended periods. As a result, we consider our decision to have returned more than half of the approximately $2,000.00 she paid to firm a very reasonable and fair outcome.

  Customer response

  06/09/2023

   
  Complaint: 20072950
  
  I am rejecting this response because:Hello, 
  
  My apologies in responding late to the response received from the ********************** Law Firm. 
  It advised to respond within 7 business days, which would be 6/9, not counting the weekend and holiday. If i misunderstood this timeline, my sincere apologies. 
  
  I am not in agreement with their response and would like to respond. 
  
  First and foremost, I am not going to allow this law firm to extract what was advised to them by me about my home purchase and use it against me. So I will correct them and back up what I am saying through emails I have between myself and the firm; as well as from my new attorney I retained to help save the **** ********************** made of my case. 
  
  The only truth that the ********************** Firm has stated correctly is that I retained them; that is correct! When I called and had my initial conversation with the firm, ****, is who I spoke with; I explained in VERY GOOD detail the circumstances of my issue. The reason I know this is because I have explained my issue to numerous attorneys so many times for help and could not obtain the right attorneys who knew exactly what to do with this issue because of the complexity of what happened with the purchase. I explained to **** on our phone consultation that I had been scammed into buying my home; I went into only wanting to rent this home and not buy the home! (Please lets tell the truth here!) This guy I brought my home from was VERY adamant about letting me buy it and went to the extreme in allowing me to do so even with all the questions I had to ask. It was my first time buying a home and I was taken advantage of, not knowing the signs to watch for or the knowledge of buying a home and fell into a scheme. There was no title company at the closing, in fact, the title company themselves told me I didnt even go through with the purchase! 
  The seller advised I didnt need my own attorney, that he would waive the closing cost and we would just use his attorneys. He also tried to add a 2nd mortgage unbeknownst to me of $161K to the note I signed AND wanted me to go through his own people he had set up to do a refinance on a balloon payment after 2 years. My home purchase was fraudulent with problems(more detailed than what I just explained)and this is EXACTLY what and how I explained it to the ********************** law firm! 
  
  Now, fast forward, what I have learned from my OWN personal research after ********************** did nothing but took my money, is that I purchased my home from a private buyer who did what is called a seller financed mortgage. I had NOT known what this was nor what I had gotten myself into when I purchased my home. It was NOT explained to me in this manner and as a matter of fact, it was the Kendall County Recorder of Deeds that explained it to me in detail just about a month ago when my now new attorney advised me to go to each office of the county to see what information I could gather. 
  
  When I found **********************, I had not known of the term, seller financed nor did they advise me of this term when speaking with them; but its funny how they mentioned that I left out this was a seller financed mortgage in their response! 
  
  I also explained in depth that I stopped making payments on my home when attempting to do a refinance and the seller would not produce any of the actual documents needed to successfully complete the refi; ie. the Settlement Statement, HUD Statement, that would show where all the money I did pay for the year in a half in mortgage payments and my down payment of $10K went. The seller actually told me his attorneys advised him not to send me this information. I was advised from another attorney I tried to get help from, it was not normal to send a payment on a mortgage to someones personal business account and that I should not be doing it that way. THIS IS WHY I STOPPED PAYMENTS! THIS IS WHAT I TOLD BAYSINGER! It was not due to me being delinquent because of simply not paying my mortgage payments.
  Where ********************** has explained in his response that I failed to mention the seller financed mortgage or me not making payments is straight FALSE!
  
  There were so many details I explained to ****(********************** Firm) that he advised me he would have to speak with other attorneys at his firm for them to figure out how they would proceed to help and if in fact they could. He advised just by me expressing and explaining everything to him made him upset about the situation and he would definitely call me back after consulting with the rest of the firm. 
  
  Upon ***** return phone call, he advised that the firm could assist but my situation was a special unusual issue but not to worry, they would help. I then proceeded and retained the firm. They knew exactly the full details and complexities of my situation so much that they described it as predatory lending in a later email after SEVERAL conversations I had with them; ****, a so called ***. ****, *****, another attorney ******* who advised she would help draft a complaint to file with the ****(never received a call back from her after several attempts through phone and email) and another ***. ************************ 
  
  When speaking with ********************** himself down the line, after speaking with ****, I explained everything again to him, just as I had explained it to ****; he too was puzzled and advised he would get with other attorneys in the firm to see how they would assist me; and this was a few months or so after retaining them. I had then started paying the $500 monthly fee. They had  already attended the first court date and only told me it was continued. Shortly after, they had me read and sign an answer to the complaint I believe it was. This was when I read it and asked why none of the issues I explained were detailed in the answer they wrote. They only advised this was how it should be written. After that was filed, NO ONE from the firm EVER called me with another update. Each time I had to call, leave messages and even ask for the *** to get some kind of answer or explanation to anything. That ***. was ****. **** was the one who got me to Mr. ********************** on the phone because I had not heard anything. 
  
  It was Mr. ********************** I spoke with thereafter, the most after getting **** involved. 
  Mr. ********************** had called me back after consulting with the firm and actually advised I had been a victim of predatory lending and he wanted to explore some options on how they could help with that issue since this was not a normal modification type of case. He mentioned bankruptcy or going after the seller and told me he needed to research those options. After a couple weeks passed he emailed me trying to say he had not heard from me and what was I planning to do. I had to enlighten him on the conversation we had and what he had told me he was planning to do with finding out a way the firm could help. (I will attach the email below). He advised the options of a high risk loan is what he wanted to explore but it had seemed that the seller knew of how to get around that and that now it would be a good idea to go after this guy and get a litigation attorney, that his firm was not the firm to litigate. So I questioned my next court date because I was concerned about having a new lawyer show up; and he advised they would stay on my case while I looked for a litigation attorney to continue to help me. HE ADVISED THEY WOULD STAY ON MY CASE. 
  
  When conducting my search for a new attorney, I found one who wanted to see my file. I had never seen my own file at this point, so I asked ********************** if he could forward me my file to give to the new attorney to read over. In doing this, the new attorney enlightened me on what he saw in the file. He advised a summary judgment was already entered on my behalf which basically ends my case and I wouldnt need further counsel. I was way confused and told him no nothing like this had been done (basing it off of the conversation I had with **********************). So, I call ********************** back of course to ask about this. I get the run around for days! When I finally reach ********************** and explain what this new attorney had advised, he stumbled all over his words and told me he would have to look at my file and call me back AGAIN! Never got that call! Now, Im getting mad and and very angry because I had no idea what was going on. That new attorney would not return any of my calls or emails once he seen this summary judgment. 
  So I kept looking for another attorney and came upon my attorney in which I have now. I explained to her everything, in the same manner and also explained what was going on at the ********************** office. She advised, no worries and told me to go to the courthouse and get my full file there. She explained, they would give me EVERYTHING for a small fee. So I did just that. 
  
  Got my full file of 103 pages in which the file Mr. ********************** had given me when I asked for it was less than 25 pages I believe(I have to check again). I met with now my new attorney to go over the full file. This is what I learned from her along with looking at the case file: 
  
  The ********************** Firm DID NOT: 
  Pay the $231 filing fee on my behalf with the $1495 retainer fee I paid them or the $500 monthly fee I paid. They left this bill UNPAID at the courthouse. 
  
  The ********************** Firm DID NOT: 
  Respond to the Motion of Default that opposing counsel filed, in which they had 28 days; allowing the judge to ***** the motion. This was filed earlier on during the case and it was still left ignored. 
  
  The ********************** Firm ALSO DID NOT: 
  Respond to the Motion of Summary Judgment that opposing counsel filed, in which they had ANOTHER 28 days; allowing the judge to ***** the judgement to sale my home. 
  
  This is why I am so DISGUSTED with this firm. It is not an argument that I retained them because I most certainly did and I paid my fees trusting them to do what I hired them for; DEFEND ME. In which THEY DID NOT. How is it that they told me they would stay on my case until I found a new attorney but they ignored ALL the motions that the opposing counsel filed and did not respond to anything; just letting everything go! All of this could have been prevented! 
  
  All the while they are trying to use legal terms and BIG words and false pretenses on why I hired them and explained my issue incorrectly to favor them! 
  Well, lets look at what they failed to mention about what they omitted on themselves. 
  I wont allow this firm to blatantly lie on me in what I disclosed was the issue on my home and why I did not pay my mortgage or allow them to not explain why they did not file any responses to any motions! Because of them I had to pay over $4000 for my new attorney to file a motion to reconsider my entire case with only about a full week to get it done. This fee they should be paying me back for as well, this is their fault! There is a chance the judge wont accept our motion to reconsider! 
  There should be a complaint sent to the **** and the ********************** on them as well for not being professional or providing proper service! This is why they should be refunding ALL my fees! 
  
  When I called and asked why, (if they were still my attorneys and stayed on my case until I found new counsel), they did not respond to 2 Motions on my behalf to advise the judge of anything going on with my case and issue, their explanation to me was nothing! ************ stated, oh that can be fixed on a phone conversation that turned very bad between us; and Mr. ********************** had nothing to say. They brought another so called Mgr. in, ***********************, who **** turned over to him to deal with the issue because NOW, its not his department to deal with it anyway all of a sudden! Wow! 
  
  I told ****, this firm has dug me into a deeper hole and put me in jeopardy of loosing my home more than the original issue at hand! I told him I wanted ALL my fees returned, ALL of them! It was not the firms decision to refund me only $1000 because they were being nice, its because I went back and forth with *********************** to get me ALL my money and they didnt agree! **** came back with the explanation that they had to pay courts fees and draft documents on my behalf! What court fees? What documents other than the initial appearance? This firm paid no court fees, responded to nothing on my behalf and now they have lied AND kept my money! 
  I had to pay my new attorney back for paying the filing fee that ********************** left unpaid! 
  
  This firm needs to listen to their own BIG LAW words and legal jargon and become a better firm! 
  
  And finally, on top of all this; THIS FIRM made me sign a withdrawal letter that I added my own paragraph to because I did not agree with how they drafted it or the amount they offered to refund, that they of course didnt like what I added, for us to have to revise it for them to withdraw and pay me only $1000 of my fees back! I have copies of both. Yet they still have not withdrawn from my case and now the judge is requesting them in court. 
  I will be explaining all of this to the judge! 
  
  Of course when I sent an email asking why they have yet to withdraw and alerting them the judge is looking for them to show up in court, I bet you can guess what response I receivedNONE. 
  
  This firm owes me $995.00 and I will do whats in my power to come after them for what they put me through AND the extra fee I had to pay for a motion to reconsider! 
  
  ************************; 
  
  

  Sincerely,
  

  
  *************************

  

  Business response

  06/30/2023

  We reviewed the clients June 20, 2023 reply commenting on our response to her original complaint dated May 17, 2023. Given the detail provided in our prior response, we will limit our statements here to certain fundamental misapprehensions and misstatements in her reply. First, regardless of the extent to which the client described her circumstances (as she understood them) during the initial consultation with our firm, that is no substitute for our need to independently verify the operative facts and legal consequences of what occurred in the transaction at issue and the extent to which any of the clients multiple prior attorneys had taken steps to address the issues. Pursuant to the ********************** Rules of Professional Conduct that govern our work as attorneys, we must conduct our own due diligence to ensure that we both fully understand the clients circumstances and appropriately assess our ability to accomplish the clients objectives.Based on our ultimate determination that our firm was not best positioned to assist the client with her specific set of circumstances (which initially appeared to be a fact pattern with which we were readily familiar), we returned to the client more than half of the funds she paid toward our fee as we had not yet earned and would not in the future earn that portion of her prior payments.The fact that the client was disappointed that we determined that her matter required a different approach to resolution than we could offer efficiently does not mean that the services we rendered to her in conducting that assessment had no value.
  
  With respect to the clients statements about what steps were or were not taken with respect to the pending foreclosure proceeding in Kendall County, once the client acknowledged that we would no longer represent her in that matter, we urged her repeatedly to retain new counsel to protect her interests in the case and to have that counsel coordinate with us to facilitate the transfer of representation. Respectfully, the client deferred retaining new counsel until after certain deadlines had passed, which circumstance would have been avoided had the client acted promptly on our recommendation. As to our purported failure to withdraw from the Court proceeding, the clients new counsel neglected to apprise us of counsels appearance of record in the proceeding. In the ordinary course, when one set of attorneys replaces another in an ongoing case, that is accomplished through a simple substitution procedure in which the Court is advised that new counsel is taking the place of current counsel and current counsels involvement in the case is terminated. I reviewed the Courts electronic docket for this case and determined that, contrary to our request, the clients new counsel elected not to coordinate with our firm and independently filed an appearance on the clients behalf without notifying us of that filing (despite ********************** Rules and Kendal County Court local rules requiring notice to us). Now that we are aware that the client has new counsel in place in that proceeding,we will promptly request the Court to enter an order allowing our withdrawal from clients representation.
  
  We appreciate that the client appears to have been a victim of unscrupulous practices that occurred in connection with a transaction that occurred years before she first sought to have our firm represent her and that her prior counsel apparently also disappointed her expectations. That said, as soon as we determined that the clients objectives were outside the scope of the representation that we could provide, consistent with our ethical obligations, we promptly advised the client and returned to her those funds previously paid that we did not earn. 

• Initial Complaint

  02/04/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I hired this law firm to do modification after my finance company falsely told me I was in foreclosure and would not accept my payments then my finance company offered me a modification that would take my payments up so I hired them. After making the initial payments they said they prepared paperwork but didn't send it to the lender because they couldn't reach me. They also told me that if it went into foreclosure it would be a extra $1500. I hired them in July the property went into foreclosure in November which is a extra $1500 all that for them to come back and say they couldn't do anything for me and I now have to accept the original modification the lender offered me in the very beginning. I could have just accepted that and saved myself $7000. The interviewing attorney sold me a dream by saying yes they were falsely saying you we're in foreclosure I can file charges on them I can put money owed on the back of the loan and also get your loan to a 40 year payment plan which should lower my payments. I feel like I was railroaded and this company and the radio station are selling false dreams and praying on people reaching out to them for their help

  

  Business response

  02/16/2023

  The client and his wife (collectively, Client) retained my law firm to protect their interests in connection with the seriously delinquent mortgage loan on their personal residence (the Property). As of the date Client retained us in July of 2022, Client had not made a mortgage payment since January of 2021 and thus was at imminent risk of lender initiating foreclosure proceedings against the Property.

   

  Clients description of the nature and effect of the legal services we provided Client omits many critical details. First, Client mentions only in passing that, many months prior to Client retaining my firm, ******************* offered Client an opportunity to bring the loan current and avoid the accumulation of additional interest, fees and costs, including the risk of a foreclosure action against the Property. For whatever reason(s), Client decided against taking the deal at that time and elected to roll the dice on a different outcome. Significantly, Client fundamentally misunderstands his accountability for the consequences of Clients decision not to accept the terms originally offered and had unreasonable expectations about the extent to which Law Offices could insulate him from his prior misjudgments. An attorneys professional obligation to those he or she represents includes obtaining all relevant information about the clients legal predicament, assessing potential options for resolving the clients legal jeopardy and working with the client to achieve the best possible outcome under the circumstances. Attorneys cannot conjure up magical spells allowing them to go back in time and undo whatever damage the client may have done to his position before he retained counsel. As pertinent here, Law Offices could not unilaterally require Clients mortgage lender to offer him the same loan workout options that Client rejected long before he retained us, nor did we promise him we could do such a thing. As time marches on, interest rates increase, late fees and penalties pile up and the lenders appetite for working with any individual borrower like Client may diminish. That said, we did the next best thing: we conducted negotiations on Clients behalf with his mortgage lender that yielded a settlement that spared Client from having to repay approximately $60,000.00 (Sixty Thousand Dollars) in delinquent mortgage payments, interest and the lenders attorneys fees and costs in a single lump sum. This is critical because, as Client expressly admits, Client did not then and does not now have the resources to pay that amount in a lump sum. Specifically, of that $60,000.00 past due balance, Client will pay no interest on approximately $40,000.00 of that outstanding balance for up to 40 years and will have that entire 40-year period to pay off the rest of what Client owes through regular, affordable monthly payments. As a result, Clients suggestion that we did not perform extraordinarily valuable legal services on Clients behalf is, in a word, preposterous. Our contemporaneous records further establish that we rendered those services in a highly efficient and effective manner. Although Client executed the Attorney-Client Retainer agreement with my firm in July 2022, Client did not comply with its terms relative to payment and cooperation with his assigned attorneys until early November 2022. Once Client provided us with the payment and documentation required, we achieved a highly favorable result on his behalf in approximately four (4) weeks. Specifically, following our detailed communications with ******************* throughout November and December, on or about December 16, 2022, Clients mortgage lender confirmed to us that it had reviewed the application and supporting documentation we had transmitted on Clients behalf and agreed to offer Client the favorable workout terms described in detail above. While these negotiations were ongoing, Clients lender initiated foreclosure proceedings against Client and we promptly took steps to defend Client against that action. Among other things, we formally appeared before the Court for two separate hearings on Clients behalf and prepared a responsive pleading to the lenders foreclosure complaint that we were prepared to file. However, once the lender approved Client for a specific settlement plan, it put the foreclosure proceedings on hold pending Clients execution of and compliance with the settlement terms. To the extent Client satisfies his obligations under the settlement terms, the lender eventually will dismiss the foreclosure action against Client. We are prepared to continue protecting Clients interests in that proceeding without further cost to him until the matter is fully and finally resolved. We therefore dispute Clients claim that my firm did not meet or exceed all its obligations to provide timely, efficient and cost-effective representation when resolving his serious mortgage delinquency. We would be happy to meet with Client again to address any concerns about the representation. Thank you for your consideration. 

• Initial Complaint

  07/21/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I used this business in an effort to lower my mortgage and keeps my home. The company did not do anything for me for months. They sent me papers to sign as if they was send long them over to my mortgage company and I had to keep send documents over and over and as soon as they got they last payment I received a letter from my mortgage company offering me a higher payment than I was suppose to be paying. And the law office insisted to tell me that it was a good deal. So my payment was going from **** to **** with a higher interest rate and all. The lawyer didnt do anything for me in my opinion and I want to warn people so that they dont fall into the same things.

  

  Business response

  08/01/2022

  I have received the complaint filed with your office regarding our former client.  It is true that Ms.******* retained my law firm in December 2021 to represent her to pursue a range of services that would help protect her interests.  ******************** claim that my firm did not do anything is categorically false.  Her assertion that my firm was only pursuing to lower her mortgage is also false.  In fact, we counseled Ms. ******* that we could not guarantee her eventual mortgage rate would be lower and that it might be higher.   As a fiduciary and to protect ******************** privacy, we have elected not to include certain facts and circumstances that would bolster our case.  Unfortunately,we are not at liberty to disclose these facts due to confidentiality obligations.  What facts are included are only those that are necessary or otherwise indicated by ******************** own statement.
  As mentioned above, my representation fully began in December of 2021.  After initial discussions and internal office evaluations the case was accepted to advance towards helping Ms. ******* with her delinquent mortgage and related financial obligations.  By April of 2022, Ms.******* had received the offer she ultimately accepted.  At that time, she was now 11 months delinquent,never went into foreclosure and received an offer that improved her position with her mortgage.
  While negotiations take varying length of times, I can tell you from experience that having a final workout arranged after only 5 months is not long.   There were various issues and questions that arose regarding ******************** documents that needed to be explained to the Lender.   A Lender will request many various financial documents in addition to client explanations for their hardships that lead a person into financial distress.  It took some time to resolve those questions to the Lenders satisfaction.  It is also the regular practice of the Lender to ask for regular monthly bank statements and proofs of income.  The Lender does not always want to just take your word but also develop a financial picture as they come to their own mind on whether a person truly needs help.   Ms. ******* may consider this time our firm was doing nothing but rather we were alleviating Lender concerns and putting Ms.******* in the best possible light.
  Ms. ******* suggests that because the mortgage payment she ultimately agreed to was $22.00 higher than when she retained our office, that we failed to do our jobs.   This point of view is specious at best for a few reasons.  First, the 11 unpaid mortgage payments were rolled back into her loan via the agreement.  She did not have to pay these back.  Second, it is atypical for someone to go 11 months without paying their mortgage and not to be foreclosed upon by their mortgage company. It was our representation that prevented foreclosure from happening in this case.  ****** Ms. ******* ignores all the factors happening nationally that impact the lenders position and view of the situation. In 2021, the average mortgage rate for 30-year loans was ****%- 3.0%.  The average rates today (without points) are **** 6.125%.  It was all but assured that her mortgage rate would increase.  ******* Ms. ******* must consider the impact of the bull housing market.  The increased home values lead to correspondingly higher property tax rates that would raise her escrow.  Fifth, inflation combined with increased housing costs have led to higher insurance premiums.   All of these factors influenced her final offer, which did turn out to have higher escrows.   In fact, it was determined in December of 2021 that Ms. ******* did indeed have an escrow shortage, that was further raising her mortgage payment.  Due to the final agreement, she never had to pay the difference and the escrow shortage was also rolled into her workout.
  Lastly, it cannot be underscored further that this is the agreement that Ms. ******* agreed to.   She was not advised that she had to accept this offer, but rather, we could not guarantee that we could obtain a better offer if we rejected the Lenders final proposal nor could we guarantee that the Lender would make another offer as opposed to just foreclosing (akin to taking their ball and going home).  *********** Ms. ******* decided that a bird-in-the-handwas worth two- in-the-****. She very well could be correct in that decision as no one will ever know.  What you cannot do is reap all the benefits and protection of the workout arrangement and turn around state the law firm did not do anything for me for months.
  In my opinion, accepting the lenders offer at that time was a positive first step on which she could build. Now being out of foreclosure and safe, she could refinance when the rates improve.  Being current on her mortgage again also greatly improves ones credit score.
  Ms. ******* is also requesting a refund even though we have saved her over $17,000. For the reasons stated above I submit that the value of services provided substantially exceeded the amount Ms. ******* ultimately paid and she received the benefit of the time during which she was unable to make her payments in order to put her financial affairs in order.  Ms. ******* is now in a better position prospectively to handle her payments going forward.

  Customer response

  08/05/2022

   
  Complaint: 17607407
  
  I am rejecting this response because:Regardless the law office didnt get me put in a better situation I went through the same process right before and I had gotten a better deal which also was clearing up my rearage so that not a difference. Plus the other offer that I was getting didnt have more months or a higher interest. I will definitely no advise anyone to believe that could be helped by this firm.
  
  Sincerely,
  
  ********************

  

  Business response

  08/15/2022

  I respectfully submit that ******************** rejection of my explanation is non-responsive to the reasons I cited in my previous response detailing the valuable legal services my firm provided. While Ms. ******* is entitled to her opinion, she doesnt explain why not having to pay her lender a lump sum out of pocket to resolve her delinquency is not a net positive for her.  Ms. ******* also ignores the fact that the lender alone determined her interest rate going forward based on the current higher rates affecting all borrowers nationwide.  As her lawyer, we had no control over the significant change in interest rates. We stand by our statement that we achieved an extremely favorable outcome for Ms. ******* that objectively improved her overall financial position.  

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