FAQ's
Q: What is the retainer used for?
A: The retainer is used to pay for filing fees, complaints to be drafted and filed, all publication
notices, all co-counsel fees and appearances made in court by the attorney, all litigation
between lender and attorney until a settlement is reached. There are no other fees that the
client is responsible for until settlement.
Q: Why is there a contingency fee?
A: The initial retainer fee is for all costs associated with the lawsuit. The contingency fee
structure was created to help our clients afford to get great legal services without paying for
all of it up front. We set up this structure so that if the attorneys do not produce a favorable
settlement then they would not make any other monies. It is in the attorney's best interest
to get the lender to settle at a deeply discounted price. The more they get the lender to discount
the lien the more money they make and the better deal you've received.
Q: How long does the process last?
A: The process can last anywhere from 30 days to in some extreme cases up to 4 years. Most cases take
between 6 to 9 months to get a settlement offer. Every case is a bit different.
Q: Will this hurt my credit?
A: Just filing the lawsuit will not impact your credit in any way. If you are current on your
mortgage, we encourage you to stay current on your payments when possible. If you have missed
1 or more payments prior to the law suit your credit is most likely already impacted. We will
fight to redeem your credit if it is impacted as part of the settlement.
Q: Do I have to keep making my mortgage payments?
A: We can't recommend to any of our clients that they stop making their payments. We recognize
that many of our clients have already had difficulties making their payments and we have
successfully kept clients in their homes for the duration of the lawsuit until settlement has
been reached.
Q: Can I save my home even if I am served a Notice of Default?
A: In the past, the courts have been receptive to stopping the actual Notice of Trustee Sale
after the notice of default has been served. We would prefer filing before the client receives
the Notice of Default. However; we will accept a file up to 60 days after the Notice of Default
has been filed.
Q: If I modify my loan, can I stall qualify for the program?
A: We will have to look at this on a case-by-case basis. Many tmes during the loan modification
the lender asks the borrower to re-affirm the debt. This makes it very difficult to challenge
the validity of the trust deed and note. This can present many problems for any future litigation.
Q: Who are the attorneys?
A: You will be represented by a network of attorneys that specialize in real estate litigation
for individuals that are in need of legal services. These attorneys have years of real estate experience
and have developed many strategies to fight for the individual against the lenders and their
questionable practices against you.
Q: How many of these cases have been settled?
A: There have been thousands of settlements throughout the country based on the law that we
file these suits under. We are committed to changing the way banks are unfairly treating homeowners
across the country.
Q: Are there payment options available on the retainer?
A: Yes. Horizon Finance Corp. is so confident in what we do and how we do it that they are willing
to finance a portion of the retainer. In most cases with 50% down, Horizon Finance will provide
financing for 5 to 6 months.
Q: How is the contingency fee paid?
A: There are many ways to pay the contingency fee:
- If your goal is to sell your home at the time of settlement we will get paid at closing.
- If your goal is to refinance, we would love to get paid through the refinance. However, if you
can't build the contingency fee into the refinance, we will carry a 2nd mortgage that is
affordable to you.
- You could write a check for the contingency fee (if possible).
Q: How do I get updated on my case once it is filed?
A: You can log into our website at any time and see the progress that is taking place on your law suit.
You will be notified of the status monthly via email as well.
Q: If my home is put into a trustee sale can it be stopped?
A: That is not our specialty. There are some remedies that you can take to protect your
home for a short period of time if that is your goal. Unfortunately, we will not be able to
take any cases that have trustee sale dates.
Q: How can the attorneys protect me if I do not want the property any more?
A: The best solution that we have found if you want to walk away from your property, is that
you find someone that is willing to pay for the suit on your behalf. We have a conglomerate of
associates that are confident in how we work that are willing to pay for your lawsuit if you
can't afford the retainer. Oftentimes this requires you to sign a warranty deed over to the provider
of the money. They will work out options that will suit your needs. This is handles on a case-by-case
basis.