Hiring an Out of State Lawyer: A Mistake to Avoid

Hiring an Out of State Lawyer is a Bad Idea!

As an attorney, I often will arrive to court early and review my cases while sometimes observing how the cases which were called before mine proceed. As I waited for the judge to call my case one day, I watched a pro se homeowner attend a bank’s summary judgment hearing.  After hearing this person’s story, I honestly felt bad for him, and was inspired to write this hoping that it may keep other people from making a similar mistake.

The homeowner explained to the court that he had retained an attorney from another state and had paid that attorney $3,500 to get a loan modification. Normally, this is actually a good choice to make. However, in this case it was the worst mistake he could have made. The lawyer never appeared as counsel in the pending foreclosure lawsuit, had never filed documents on the homeowner’s behalf, and of course did not attend any previous hearings, and was unable to get the loan modification he had hired the attorney to negotiate.

The judge was as surprised by this story as I was, as attorneys don’t normally collect $3500 while not doing any work. He asked the homeowner for more specific information about why he hired this out of state attorney. He explained that the law firm was “recommended” on the Florida’s Hardest Hit website. This man tried to be diligent in protecting his interests but made a poor by trusting “some website” he had found.  While sad, legally the judge had no choice but to enter the final judgment of foreclosure.

Verify that the attorney you’re retaining to defend a foreclosure case is licensed to practice law in the state where your property is located.  Don’t make the same mistake this former homeowner did.  I don’t care who recommends a lawyer or law firm.  If that lawyer/firm does not practice law in the state where your property is located, they cannot help you!