can I get any of my money back

[unclestink]

What is the name of your state (only U.S. law)? Florida
My mother passed away with no will. She left everything to her sister who had power of attorney legally filed in highlands county. She then did a quitclaim and transferred the house to me. The mortgage however was still in my mothers name. The mortgage company initially said they would switch it to me, but then changed their minds. They immediately foreclosed on the house and wouldn't accept my money.
Eventually I had to get a lawyer to help me. The lawyers told me that the mortgage company would not allow me to just make the payments. They told me that the house was in my name illegally and that I would have to go through probate court to straighten it out. Last September the mortgage was sold to another company. They showed up at my house threatening to foreclose on me if I didn't pay. The lawyers never told me about that. When I called the company that now owns the mortgage they told me that they're not foreclosing on me. So, I've begun paying them which was what I wanted to begin with.
I've paid these lawyers a total of $10000. I had to cash out a 401k to pay the $3200 for the probate. 2 mortgage companies and a real estate agent tell me they don't understand it because as far as they can tell the house is mine. So, apparently I paid 10 grand for lawyers to defend me against a foreclosure that doesn't exist. I have stopped paying them. Is there any way I can any of my 10 grand back? I'm kinda nervous about hiring anymore lawyers, but I could have lost the house for real had I continued with them.

 

[quincy]

What is the name of your state (only U.S. law)? Florida
My mother passed away with no will. She left everything to her sister who had power of attorney legally filed in highlands county. She then did a quitclaim and transferred the house to me. The mortgage however was still in my mothers name. The mortgage company initially said they would switch it to me, but then changed their minds. They immediately foreclosed on the house and wouldn't accept my money.
Eventually I had to get a lawyer to help me. The lawyers told me that the mortgage company would not allow me to just make the payments. They told me that the house was in my name illegally and that I would have to go through probate court to straighten it out. Last September the mortgage was sold to another company. They showed up at my house threatening to foreclose on me if I didn't pay. The lawyers never told me about that. When I called the company that now owns the mortgage they told me that they're not foreclosing on me. So, I've begun paying them which was what I wanted to begin with.
I've paid these lawyers a total of $10000. I had to cash out a 401k to pay the $3200 for the probate. 2 mortgage companies and a real estate agent tell me they don't understand it because as far as they can tell the house is mine. So, apparently I paid 10 grand for lawyers to defend me against a foreclosure that doesn't exist. I have stopped paying them. Is there any way I can any of my 10 grand back? I'm kinda nervous about hiring anymore lawyers, but I could have lost the house for real had I continued with them.

From what you have said, the mortgage company was in fact starting foreclosure on your mother's house, which is why you hired the attorney.

Why do you think the attorney is responsible for what happened later?

 

[unclestink]

From what you have said, the mortgage company was in fact starting foreclosure on your mother's house, which is why you hired the attorney.

Why do you think the attorney is responsible for what happened later?

They spoke with the new company that now owns the mortgage. The new company is not foreclosing. Since they are not foreclosing, why would the lawyers continue to take money from my account to defend against a foreclosure? Why would they make me pay $3200 to put the house in my name when it was already in my name?

 

[quincy]

They spoke with the new company that now owns the mortgage. The new company is not foreclosing. Since they are not foreclosing, why would the lawyers continue to take money from my account to defend against a foreclosure? Why would they make me pay $3200 to put the house in my name when it was already in my name?

Have you asked the attorney to explain what exactly needed to be done to stop the original foreclosure and did you ask the attorney to go over his invoice with you?

 

[latigo]

What is the name of your state (only U.S. law)? Florida
My mother passed away with no will. She left everything to her sister who had power of attorney legally filed in highlands county. She then did a quitclaim and transferred the house to me. The mortgage however was still in my mothers name. The mortgage company initially said they would switch it to me, but then changed their minds. They immediately foreclosed on the house and wouldn't accept my money.
Eventually I had to get a lawyer to help me. The lawyers told me that the mortgage company would not allow me to just make the payments. They told me that the house was in my name illegally and that I would have to go through probate court to straighten it out. Last September the mortgage was sold to another company. They showed up at my house threatening to foreclose on me if I didn't pay. The lawyers never told me about that. When I called the company that now owns the mortgage they told me that they're not foreclosing on me. So, I've begun paying them which was what I wanted to begin with.
I've paid these lawyers a total of $10000. I had to cash out a 401k to pay the $3200 for the probate. 2 mortgage companies and a real estate agent tell me they don't understand it because as far as they can tell the house is mine. So, apparently I paid 10 grand for lawyers to defend me against a foreclosure that doesn't exist. I have stopped paying them. Is there any way I can any of my 10 grand back? I'm kinda nervous about hiring anymore lawyers, but I could have lost the house for real had I continued with them.

When a user begins a narrative with an anomalous assertion or an absurd legal fallacy such as you have laid on us it taints the entire post.

Here you claim that your mother left everything to her sister, yet she died without a will. If it is true that mom left no last will and testament her sister would not have inherited anything let alone everything. Because mom's estate would have been distributed in accordance with Florida's intestate succession laws (F. S. Ch. 732) and the only way her siblings, including auntie, could have inherited is if she died a widow and without any living descendants - children or grandchildren!

Next you make the absurd assertion that your aunt holds an effective power of attorney granted to her by your deceased mother. And that auntie exercised the power of that grant by quitclaiming mom's house to you when it is practically common knowledge these days that a power of attorney does not survive the death of the maker. Any authority mom may have bestowed on her sister other than nominating her to administer her estate ended with mom's death if not before.

Lastly your math is strikingly flawed!

 

[quincy]

latigo, although I also question what has been said by uncle stink, is it possible that a Lady Bird Deed (an enhanced life estate deed) could play into this?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Florida
My mother passed away with no will. She left everything to her sister who had power of attorney legally filed in highlands county. She then did a quitclaim and transferred the house to me. The mortgage however was still in my mothers name. The mortgage company initially said they would switch it to me, but then changed their minds. They immediately foreclosed on the house and wouldn't accept my money.
Eventually I had to get a lawyer to help me. The lawyers told me that the mortgage company would not allow me to just make the payments. They told me that the house was in my name illegally and that I would have to go through probate court to straighten it out. Last September the mortgage was sold to another company. They showed up at my house threatening to foreclose on me if I didn't pay. The lawyers never told me about that. When I called the company that now owns the mortgage they told me that they're not foreclosing on me. So, I've begun paying them which was what I wanted to begin with.
I've paid these lawyers a total of $10000. I had to cash out a 401k to pay the $3200 for the probate. 2 mortgage companies and a real estate agent tell me they don't understand it because as far as they can tell the house is mine. So, apparently I paid 10 grand for lawyers to defend me against a foreclosure that doesn't exist. I have stopped paying them. Is there any way I can any of my 10 grand back? I'm kinda nervous about hiring anymore lawyers, but I could have lost the house for real had I continued with them.

Power of attorney does not mean her sister was left everything if there was no will. Technically it means she was not left anything as she was not the next of kind. The POA expired at the time of death. The aunt couldn't quit claim the house to you. The property would have needed to be probated. Apparently you didn't do that. And because a POA transferred the house (after your mother's death) that was considered payment due in full upon transfer. Aunt committed fraud by transferring the house to you and that brought in the mortgage due in full. The house is not yours legally. The mortgage was due in full. YOu must have stupid lawyers. The foreclosure exists. Because for a POA to transfer the house, your mother would have had to be alive. Or did you screw up the time line? The mortgage is still owed.

 

[quincy]

Power of attorney does not mean her sister was left everything if there was no will. Technically it means she was not left anything as she was not the next of kind. The POA expired at the time of death. The aunt couldn't quit claim the house to you. The property would have needed to be probated. Apparently you didn't do that. And because a POA transferred the house (after your mother's death) that was considered payment due in full upon transfer. Aunt committed fraud by transferring the house to you and that brought in the mortgage due in full. The house is not yours legally. The mortgage was due in full. YOu must have stupid lawyers. The foreclosure exists. Because for a POA to transfer the house, your mother would have had to be alive. Or did you screw up the time line? The mortgage is still owed.

The reason I asked about the Lady Bird Deed is that is one way to transfer property directly and avoid probate.

 

[unclestink]

The reason I asked about the Lady Bird Deed is that is one way to transfer property directly and avoid probate.

Well, I do appreciate the help! On further review of this website (other posts from people looking for advice) I've decided I will look elsewhere for simple advice. Thanks and good luck with the website.

 

[quincy]

Well, I do appreciate the help! ... Thanks and good luck with the website.

The website seems to do pretty well without the luck but it is always nice to have visitors rooting for its success.

I wish you would have stuck around to explain a bit more about the transfer of property from your mom to aunt to you, for our better understanding, but I think your best FIRST step is to make an appointment with your attorney to go over his billing. Sometimes that is all that is necessary to clear up why you were charged as you were. It could also be possible at that time to get the billing reduced and/or money refunded.

Most attorneys are not crooks out to con their clients of their very last penny. Most are more than willing to discuss the intricacies of the case with their clients. It is just that most clients don't care enough to know, if all that they asked their attorneys to do was done.

Good luck and thanks for the thanks.

 

[unclestink]

The website seems to do pretty well without the luck but it is always nice to have visitors rooting for its success.

I wish you would have stuck around to explain a bit more about the transfer of property from your mom to aunt to you, for our better understanding, but I think your best FIRST step is to make an appointment with your attorney to go over his billing. Sometimes that is all that is necessary to clear up why you were charged as you were. It could also be possible at that time to get the billing reduced and/or money refunded.

Most attorneys are not crooks out to con their clients of their very last penny. Most are more than willing to discuss the intricacies of the case with their clients. It is just that most clients don't care enough to know, if all that they asked their attorneys to do was done.

Good luck and thanks for the thanks.

Thank you Quincy!
In the end I got what I wanted. The company that now owns the mortgage is allowing me to just pay for it which I am currently doing. The house was transferred to me just as I explained in the post. It was done this way on the instructions from the original mortgage company. I can accept that it may not have been correct, but since my aunt is not a lawyer she did as she was instructed to do. As for my math being off I started off paying the lawyers $1500 then $400 a month for 14 months. Then an additional $3200 for the probate. No matter how I do the math it comes out to what I round off to be $10000. Someone made the comment that the mortgage is still due. I am aware of that and believe in the original post I stated that I am currently paying for it. I have to believe that if the current mortgage holder is not foreclosing and I'm paying then I can't be getting foreclosed. I just feel that the lawyers should have told.
I really do appreciate your help. Thank you very much 😊

 

[quincy]

Thank you Quincy!
In the end I got what I wanted. The company that now owns the mortgage is allowing me to just pay for it which I am currently doing. The house was transferred to me just as I explained in the post. It was done this way on the instructions from the original mortgage company. I can accept that it may not have been correct, but since my aunt is not a lawyer she did as she was instructed to do. As for my math being off I started off paying the lawyers $1500 then $400 a month for 14 months. Then an additional $3200 for the probate. No matter how I do the math it comes out to what I round off to be $10000. Someone made the comment that the mortgage is still due. I am aware of that and believe in the original post I stated that I am currently paying for it. I have to believe that if the current mortgage holder is not foreclosing and I'm paying then I can't be getting foreclosed. I just feel that the lawyers should have told.
I really do appreciate your help. Thank you very much 😊

Lawyers sometimes are not great about communicating with their clients. In some ways this can be good because the client can be charged for the attorney's time. But it can leave a client wondering what the heck is going on.

Good luck.