You need to consult with the attorney who represented you in the matter. She/he knows what type of case you are referring to, whether attorney's fees are allowed under state laws and the likelihood of your prevailing in a case for attorney's fees.
Foreclosure of an HOA unit usually means that someone other than you owns the unit.Depending on your situation, and depending on the claim filed for monies you owe, you may be personally liable for these amounts also.In addition, if you've been allowed to remain in the unit as a tenant, for example, you maybe responsible for these monies.Your attorney can help you understand your particular responsibility in your unique situation.
You can start foreclosure proceedings on your own, but, odds are, you'll end up trapped in the confusing legal system. The best way to do a foreclosure is to see a real estate attorney in your area. It is likely that the contract provides for attorney fees, so the peace of mind and convenience of an attorney won't cost you a thing in the end.
When a suit is dismissed without prejudice you are free to try the case all over again just like it never happened (This is assuming that the whole case was dismissed, not just in part).
A corporate advance on a mortgage is a payment for a service related expense that is owed by the borrower. These expenses may include such things as foreclosure expenses, attorney fees, and bankruptcy fees.
Filing fees and other court costs are not refundable. The refunding of fees paid to an attorney would depend upon the type of agreement that was made when legal counsel was originally retained.
That depends on the state the case is in and the nature of the dispute. As an example, in New Jersey, litigants are responsible for paying their own legal fees whether they win or lose except where a statute or court rule specifically permits an award of counsel fees to the prevailing party or if the court finds that the dismissed action was frivolous or maliciously brought. Unless there is a specific law or rule allowing a prevailing party to recover attorney fees, then the party cannot. Other states can and will have different rules, so one must look to the laws of the state where the litigation took place.
The answer depends on who paid the foreclosure expenses (bank, owner, trustee, beneficiary) and what the fee is. Need more information. It is always best to check with an accountant or certified public accountant (CPA) on tax deductibility of foreclosure fees.
Short Answer... YES An Attorney works for anyone and everyone that will pay their fees to work for them. This Attorney can contract with anyone who wishes to contract with them, including your mother. You contracted with them in the past to represent you during your divorce. Now your Mother has contracted with them to represent her during the foreclosure. The Attorney would have contracted with you, to represent you during the foreclosure, if you had contracted with them before your Mother did. Now you will have to represent yourself or contract with another Attorney to represent you during the foreclosure. It's just business in their eyes.
No. Attorney's fees are only awarded in certain cases.
They do not pay the estate attorney's fees, the estate does. If they hire their own attorney, yes, they have to pay them.
In a foreclosure, you may not get your equity back if the sale of the property does not cover the outstanding mortgage balance and other fees.