Will an attorney accept payment for services from the proceeds of a foreclosure sale?

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Will an attorney accept payment for services from the proceeds of a foreclosure sale?

I just became aware that I am the only person who has been paying dues for the last 10 years in our f4member HOA. There should be $40,000 to $50,000 in our fund but I just learned that there is only a few hundred dollars. I have bank statements as evidence. Our CC&Rs explain that attorney fees for collection of non-payment of dues will be included in the lien on the delinquent HOA member’s property. As I will be unable to pay an attorney myself, will any atttorneys wait until the foreclosure to get their payment?

Asked on June 16, 2011 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you are asking here is what fee arrangement will an attorney accept  for the work that yo wish to be done, correct? That is not anything anyone can give guidance on or particulars but rather it is really what ever deal you can make between you and the attorney.  If you want him or her to do glorified collection work then some attorneys will work on a contingency basis  - a percentage of the fee collected.  AS for foreclosure, will the attorney wait for the money until after you foreclose? Some may; some may not.  Again, it is the deal you make.  But what ever deal you make be sure to get it in writing.  And e really particular with the details.  Good luck. 


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