Sei sulla pagina 1di 12

B & K Law Group, LLC

Metro-Orlando 37 N. Orange Avenue Suite 500 Orlando, FL 32801 – Phone: (407) 536-8246 Fax: (407) 264-8092

RE: FORECLOSURE DEFENSE, LOAN MODIFICATION, AND DEBTOR


REPRESENTATION INTAKE PACKAGE

Dear Potential Client,

Attached are the necessary documents that we need to get you started in
defending your foreclosure action. Please print out, or be able to respond to
these questions prior to contacting us for a face to face meeting.

THERE IS NO FEE FOR A CONSULTATION


(1) FORECLOSURE/CREDITOR INTAKE QUESTIONAIRRE
This documents helps us understand where you are in your non-payment of your
Mortgage and state of your foreclosure. It also ask us to identify the name of the
Bank, Mortgage Company, Home Owners Association, or others that have foreclosed on
your property. NOTE: You may use this questionnaire for debtor information as well by
simply entering information of the debtor instead of the mortgage company.

(2) CONTRACT FOR ATTORNEY RETAINER


This is the contract between you and us (i.e. Attorneys). There are many options
available with regard to representation. We offer Foreclosure Defense; Loan
Modification; Debtor Work-Out Options, Credit Restoration, and even Bankruptcy. Use
this retainer along with the DEFINITION OF RETAINER page to make an initial
determination of what time

(3) DEFINITION OF RETAINER


This document defines all types of defenses you may need as part of our representation.
It clearly defines what we offer for each service listed.

(4) FLORIDA BILL OF CLIENT RIGHTS


This is a required document that all Attorneys should present to clients showing their
rights when they have made a contract with an Attorney. This document is generally
required by the Florida Supreme Court.

(5) AUTHORITY TO REPRESENT


This document allows us to request documents on your behalf from Banks, Doctors, and
whoever else may have information to assist us in your representation.

Sincerely,

B&K LAW GROUP, LLC


B & K Law Group, LLC
Metro-Orlando 37 N. Orange Avenue Suite 500 Orlando, FL 32801 – Phone: (407) 536-8246 Fax: (407) 264-8092

RE: FORECLOSURE/CREDITOR INTAKE QUESTIONAIRRE

Attached are questions that assist us in evaluating your case. Please print out and fill in or prepare to
answer when we meet with you for our consultation.

This documents helps us understand where you are in your non-payment of your
Mortgage and state of your foreclosure; if it is a Credit Card or Non-Secured Debt Account. We also
request to identify the name of the Bank, Mortgage Company, Home Owners Association, or others that
have foreclosed on your property.

B&K LAW GROUP, LLC - CONFIDENTIAL QUESTIONNAIRE ABOUT FORECLOSURE

INFORMATION ABOUT YOU


NAME
ADDRESS 1
ADDRESS 2
CITY, STATE ZIP CODE
E-MAIL ADDRESS
TELEPHONE (area code first)
FAX (area code first)
COUNTY:
INFORMATION ABOUT YOUR LOAN/CREDITOR(S)
Name and address of the company to which you send payments:

Name and address of the company to which you believe has or will Foreclose on your property or Loan Company(if
applicable):

Name and address of the company that you originally signed as your lender (if you know):

INFORMATION ABOUT YOUR LEGAL CASE


Have you received any documents from the Court (i.e. Summons):
YES NO

If Yes, what is the Court Case Number : ___________________________________-


Have you received any documents that says SUMMARY JUDGMENT or FINAL JUDGMENT:
YES NO
B & K Law Group, LLC
Metro-Orlando 37 N. Orange Avenue Suite 500 Orlando, FL 32801 – Phone: (407) 536-8246 Fax: (407) 264-8092

CONTRACT FOR ATTORNEY RETAINER

This contract will govern our service relationship with regards to your case. There are a
lot of very important considerations in this contract and you should read it carefully to
ensure that you understand all of the following provisions.

Fees and Services (see DEFINITION OF RETAINER for description of each legal service)

A. FORECLOSURE AND PROPERTY RELATED SERVICES

(1) FORECLOSURE DEFENSE*


B&K Law Group, LLC will represent you in legal defense in a foreclosure action for a
flat, non-refundable fee of $______________. This fee includes all work for
representation of foreclosure defense only.

Optional Payment Plan: $ __________ for _____ Months on every _____ day.

 (2) FORECLOSURE DEFENSE* + LOAN MODIFICATION


B&K Law Group, LLC will represent you in legal defense in a foreclosure action and/or
a claim for loss mitigation for a flat, non-refundable fee of $______________.This fee
includes all work that is required to handle your claim.

Our representation will conclude once one of the following has occurred:
1. Your lender (s) and you have agreed on a loan modification, a repayment
plan or any other combination of settlements that result in you keeping your
mortgage with the current lender and return to a current status.
2. Your lender (s) and you have agreed to a deed in lieu of foreclosure.
3. Your home is sold by way of regular sale, short sale or foreclosure.
4. Your foreclosure case has resulted in a final order from the trial Court
disposing of the property via court ordered sale.

Optional Payment Plan: $ __________ for _____ Months on every _____ day.

 (3) SHORT SALE (PRE-FORECLOSURE)


B&K Law Group, LLC will represent you in legal defense so you may conduct a Short
Sale of your propery for a flat, non-refundable fee of $______________.This fee includes
all work that is required to prepare and negotiate with any legal counsel pre-foreclosure
for a Short Sale with your lender or a representative of your lender.

Optional Payment Plan: $ __________ for _____ Months on every _____ day.

100211 B&K Law Group LLC 1 of 5


 (4) SHORT SALE (IN-FORECLOSURE)*
B&K Law Group, LLC will represent you in legal defense so you may conduct a Short
Sale of your property for a flat, non-refundable fee of $______________.This fee
includes all work that is required to prepare documents and legal pleadings required for
Short Sale documents to both the court and your lender.

Optional Payment Plan: $ __________ for _____ Months on every _____ day.

 (5) DEED IN LIEU OF FORECLOSURE NEGOTIATION (PRE-FORECLOSURE)


B&K Law Group, LLC will represent you in legal negotiations so you may conduct
return of your property (Deed in Lieu of Foreclosure) for a flat, non-refundable fee of
$______________.This fee includes all work that is required to prepare legal documents
required and negotiating with your lender.

 (6) DEED IN LIEU OF FORECLOSURE NEGOTIATION (IN-FORECLOSURE)*


B&K Law Group, LLC will represent you in legal negotiations so you may conduct
return of your property (Deed in Lieu of Foreclosure) for a flat, non-refundable fee of
$______________.This fee includes all work that is required to prepare legal documents
required and negotiating with your lender, and representing legal pleadings to the court to
assist you in the equitable return of your property to the lender.

*Please note the fees described above do not include any appeals of your case to a higher Court or any
costs associated with the representation.

 (7)URGENT ACTIONS REQUIRED


(Home has been sold or a default and/or a summary judgment has been entered)
We will attempt to set aside the default/summary judgment or the foreclosure sale for a
flat fee of $____________. In the event we do not succeed our representation will end
immediately. If we are successful, the following fees apply:

$_____________ if default and/or summary judgment is set aside.


$_____________ if mediation has been ordered to occur.
$_____________ if sale extended by more than 45 days.

All subject to the other terms contained in this contract.

100211 B&K Law Group LLC 2 of 5


B. DEBTOR AND CREDIT RELATED SERVICES

 (1) DEBTOR SHIELD ACCOUNT


B&K Law Group, LLC will represent you in preparing a Debtor Shield Account for a
flat, non-refundable fee of $______________.

Credit Accounts:

(1) _________________________________________________________________

(2) _________________________________________________________________

(3) ________________________________________________________________

 (2) DEBTOR DEFENSE (IN-SUIT)


B&K Law Group, LLC will represent you in preparing a Debtor Defense for a flat, non-
refundable fee of $______________. This fee includes all work for representation of
debtor defense.

Optional Payment Plan: $ __________ for _____ Months on every _____ day.

Credit Accounts:

(1) _________________________________________________________________

(2) _________________________________________________________________

(3) ________________________________________________________________

 (3) DEBTOR NEGOTIATION


B&K Law Group, LLC will represent you in negotiating with creditors for a flat, non-
refundable fee of $______________. This fee includes all work for representation of
debtor defense.

Credit Accounts:

(1) _________________________________________________________________

(2) _________________________________________________________________

(3) ________________________________________________________________

100211 B&K Law Group LLC 3 of 5


 (4) BANKRUPTCY: SEE BANKRUPTCY RETAINER AGREEMENT
B&K Law Group, LLC will represent you in filing for Chapter 7 Bankruptcy for a flat,
non-refundable fee of $______________. This fee includes all work for representation of
a Chapter 7 Bankruptcy.

 MUST SIGN BANKRUPTCY RETAINER AGREEMENT ALSO

100211 B&K Law Group LLC 4 of 5


C. GENERAL TERMS OF RETAINER

(1) Conflict of Interest


In the event B&K Law Group, LLC perceives any conflict of interest whatsoever, or if
you fail to pay fees and or costs when due, we shall have the right to immediately
withdraw from representing you. In the event this Law Firm moves to withdraw for non-
payment of any fee or cost you agree to consent to this request and not oppose in any way
the relief requested by this Firm. In the event of any litigation arising out of this
agreement, the prevailing party is entitled to reasonable attorney’s fees and costs, both at
trial and on appeal. The venue for any such action will be exclusively in Orange County,
Florida.

(2) Time Restriction


Most cases resolve within twelve months, however, if your foreclosure action has not
been resolved as described above in a period of twelve months from the date of execution
of this agreement then, in that event, the representation will automatically terminate. If
you wish to continue to employ this firm after this twelve month period we will negotiate
with you at that time regarding a fee for continued representation.

(3) Entire Agreement


We have made no representations to you, and you have not relied on any representations,
which are not contained in this agreement. This agreement is the entire agreement
between us and shall not both parties sign modified or amended except in writing.

The undersigned hereby accepts the terms set forth in this agreement and hereby engages
the B&K Law Group, LLC, as set forth above. We the undersigned specifically request
that the B&K Law Group, LLC represent the following persons ONLY in our case.

_______________________________________________________________________
Client Name Signature
Date

_______________________________________________________________________
Client Name Signature
Date

________________________ ____________
Attorney for Firm Date

100211 B&K Law Group LLC 5 of 5


B & K Law Group, LLC
Metro-Orlando 37 N. Orange Avenue Suite 500 Orlando, FL 32801 – Phone: (407) 536-8246 Fax: (407) 264-8092

RE: DEFINITION OF RETAINER

The following defines the different Contract for Attorney Services offered in the retainer agreement by
Attorneys.

A. FORECLOSURE AND PROPERTY RELATED


SERVICES
(1) FORECLOSURE DEFENSE:
This service is offered to defend clients whose property is in lis pendens (in other words, has been
foreclosed upon). If you have received a Summons from your Circuit Court with yours or your spouses
name, the Foreclosure process has begun. Letters, Warnings, and Phone Calls from your lender are NOT
Foreclosure. Your not in the Foreclosure process until you receive a Summons from the court and you are
served with court papers. Perhaps you have not been served, and a family member has been served.
Irregardless, you need our Foreclosure Defense offering at this point in time. An Attorney will review
your case, and your loan information to determine what can be done to assist you at this level, and discuss
options on what your eventually want to do with your property. If you would like to Short Sale, or attempt
a Loan Modification; then please look at those offerings listed below. The Foreclosure Defense offering
includes Mediation and assuring that the company that has foreclosed on you is the actual legal note holder
and has fulfilled all the assignment and registrations of your loan to state law as ordered by the Circuit
Court of your jurisdiction. We will attend hearings and fight your foreclosure to the full extent of the law.
Foreclosures are equitable matters for the court, your case is decided eventually by a Circuit Judge.

(2) FORECLOSURE DEFENSE + LOAN MODIFICATION:


This service combines our (1) FORECLOSURE DEFENSE, and adds interviewing and completing the
applications for HUD (Housing and Urban Development) to attempt a loan modification of your property.
A Loan Modification normally consists of changing the length and interest rate of your property. NOTE:
DESPITE CLAIMS BY NON-ATTORNEY COMPANIES. YOUR MORTGAGE COMPANY IS UNDER
NO OBLIGATION TO LOWER YOUR LOAN VALUE BECAUSE OF DECLINING PROPERTY
VALUES. The best approach is to negotiate a lower monthly payment so you may be able to afford your
mortgage amount.

(3) SHORT SALE (PRE-FORECLOSURE):


We will represent you to your mortgage company or bank in negotiating a Short Sale offer. If you do not
have a Realtor, we will give you options so you may hire a Realtor, or if you like you may give us the
Authority to hire a Realtor on your behalf. Normally, we will take any offers to your Bank or Mortgage
Company to assist you with offers made by qualified third parties for your property. Not all Sellers or even
Buyers qualify for Short Sales. Please check our website and do your independent research to determine if
you believe you have a seller that qualifies to purchase your property. All attempts at Short Sale include a
full release by the mortgage company or bank.

(4) SHORT SALE (IN-FORECLOSURE):


This representation includes all listed in (3) Short Sale above, plus we will represent you after your
foreclosure to posture your case for a Short Sale. This includes negotiating with your Mortgage Company
Attorneys a Mediation and your Realtor or Investor to permit submittal to the court of a Short Sale option.
All attempts at Short Sale include a full release by the mortgage company or bank.
(5) DEED IN LIEU OF FORECLOSURE NEGOTIATION (PRE-FORECLOSURE):
This representation is generally for property owners who want to just give back the property and receive a
full release of the property. The property owner does not want to keep the property and would like to
eliminate the mortgage with the return of the property. This may also include negotiating any deficiency
judgment if the mortgage company agrees to accept the property, but not as a full settlement amount.

(6) DEED IN LIEU OF FORECLOSURE NEGOTIATION (IN-FORECLOSURE):


This representation includes (5) DEED IN LIEU OF FORECLOSURE NEGOTIATION, plus additionally
preparing court documents and mediation with the Attorneys for your mortgage company to resolve and
accept the Deed of your home for full release of your debt on the property.

B. DEBTOR AND CREDIT RELATED SERVICES

(1) DEBTOR SHIELD ACCOUNT


This representation is for debtors who want to prevent further harassment by creditors. Normally, this is
done along with the Foreclosure Defense as part of an overall package to avoid further harassment from
non-secured creditors. We will send letters indicating that we represent you and to stop contacting you and
deal with our law firm regarding settling any open accounts. NOTE: We can not prevent any creditor from
filing suit against you, and this is not a defense to those measures. You may require (2) DEBTOR
DEFENSE if you feel a suit is pending or a creditor has filed suit against you. Pricing for this offering is
dependent on the amount of your credit card, which will determine the court system and rules of your case.

(2) DEBTOR DEFENSE (IN-SUIT)


This representation is for those potential clients who have received a summons for suit from a creditor and
need an Attorney to defend against the suit. We will defend and represent you, and attend any Pre-Trial
Conferences, and Trial on your case. Pricing for this offering is dependent on the amount of your credit
card, which will determine the court system and rules of your case.

(3) DEBTOR NEGOTIATION


This representation is only reserved to attending a Pre-Trial Conference and/or contacting any creditors to
attempt to negotiate a settlement of your credit debt.

(4) BANKRUPTCY: SEE BANKRUPTCY RETAINER AGREEMENT


B & K Law Group, LLC
Metro-Orlando 37 N. Orange Avenue Suite 500 Orlando, FL 32801 – Phone: (407) 536-8246 Fax: (407) 264-8092

STATEMENT OF CLIENT’S RIGHTS AND RESPONSIBILITIES

We are providing you with this document to inform you of what you, as a client, are
entitled to by law or by custom. To help prevent any misunderstanding between you and your
attorney, please read this document carefully. If you ever have any questions about these rights, or
about the way your case is being handled, do not hesitate to ask your attorney. He or she should
be readily available to represent your best interests and keep you informed about your case.

An attorney with this firm may not refuse to represent you on the basis of race, creed,
color, sex, sexual orientation, national origin or disability. You are entitled to expect that your
attorney will be capable of handling your case; showing you courtesy and consideration at all
times; representing you zealously; and preserving your confidences and secrets that are revealed
in the course of the attorney-client relationship.

You are entitled to a written retainer agreement which sets forth, in plain language, the
nature of the relationship and the details of the fee arrangement. At your request, and before you
sign the agreement, you are entitled to have your attorney clarify in writing any of its terms, or
include additional provisions orally represented to you. You are entitled to fully understand the
proposed rates and retainer fee before you sign a retainer agreement, as in any other contract.

You may refuse to enter into any fee arrangement that you find unsatisfactory. Your
attorney may not request a fee that is contingent on the securing of a divorce, resolution of a
criminal matter, or certain other actions. You are entitled to know the approximate number of
attorneys and other legal staff members who may be working on your case at any given time and
what you will be charged for the services of each. You are entitled to know in advance how you
will be asked to pay legal fees and expenses, and how the retainer, if any, will be spent. At your
request, and after your attorney has had a reasonable opportunity to investigate your case, you are
entitled to be given an estimate of approximate future costs of your case.

You are entitled to receive a written itemized bill on a regular basis. You are expected to
review the itemized bills sent by the firm, and to raise any objections or errors in a timely manner.
Time spent in discussion or explanation of bills will not be charged to you.

Page 1 of 2
You are expected to be truthful in all discussions with your attorney and to
provide all relevant information and documentation to enable him or her to competently
prepare your case. You are entitled to be kept informed of the status of your case, and to
be provided with copies of documents prepared on your behalf or received from the court
or your adversary.

You have the right to be notified of and attend court conferences unless a judge
orders otherwise. You are entitled to make the ultimate decision on the objectives to be
pursued in your case, and to make the final decision regarding the settlement of your
case.

Should your attorney seek to withdraw from the representation, or should you
discharge your attorney for any reason, you have the right to obtain the release of your
file. If an action is pending, the court may give your attorney a Acharging lien,@ which
entitles your attorney to payment for services already rendered at the end of the case out
of any proceeds of your judgment. If no action is pending and your withdrawing attorney
retains possession of the file, the attorney must return it within 30 days of withdrawal, but
may then commence proceedings against you to recover any unpaid fee.

You are under no legal obligation to sign a note, or to agree to a lien or mortgage
on your home to cover legal fees. Your attorney’s written retainer agreement must
specify whether, and under what circumstances, such security may be requested.

You are entitled to have your attorney’s best efforts exerted on your behalf, but no
particular results can ever be guaranteed. If at any time you believe that your attorney has
engaged in unethical conduct, you can report the matter to The Florida Bar* which
oversees lawyer conduct.

In the event of a fee dispute, you have the right to seek arbitration, the results of
which are binding. Upon your request, The Florida Bar* will provide you with the
necessary information in the event of a fee dispute. * 800-342-8060

Receipt acknowledged:

Dated this ___day of ____________, 2010

____________________________________
Attorney’s signature

___________________________________
Client’s signature

___________________________________
Client’s signature

100211 B&K Law Group LLC 2 of 2


B & K Law Group, LLC
Metro-Orlando 37 N. Orange Avenue Suite 500 Orlando, FL 32801 – Phone: (407) 536-8246 Fax: (407) 264-8092

AUTHORITY TO REPRESENT

Authorization to represent as Attorney and/or authorization to obtain records


and/or conduct physical inspection

THE UNDERSIGNED hereby grant(s) permission to allow B&K LAW GROUP LLC,
hereinafter referred to as ‘Attorneys’ to represent me as Attorneys at Law. Authorization
includes permission to allow Attorneys to; (1) Physically inspect, (2) Photograph,
Videotape; (3) Examine, Request, Receive, Review, and Inspect any related files OR
records (including medical records, billing, patient files, and if any, entire insurance
claim file(s) or any parts thereof, inclusive of all records, reports, invoices, bills, findings,
drawings, specifications, photographs, video, or audio tapes, policies, procedures
manuals, and operational guide), in relation to the claim of:

The undersigned further authorizes Attorneys to conduct any and all physical inspection
of the subject property (real or personal).

The above mentioned is being obtained to assist Attorneys in evaluating the scope of my
claim. This may include my damages, or, if applicable, any claim to benefit and defenses
to any claims as part of Attorneys representation.

I understand that I am entitled to a copy of this authorization and acknowledge receipt of


a copy thereof:

Dated: ______________________

____________________________ _______________________________
Client Signature Client Printed Name

____________________________ _______________________________
Client Signature Client Printed Name

____________________________
Attorney at Law

1 of 1

Potrebbero piacerti anche