Attorney helps LRS client settle complicated foreclosure case

Issue August 2004

An Andover attorney recently assisted a client he was referred to by the Lawyer Referral Service in a complicated foreclosure proceeding. The case generated approximately $18,000 in legal fees for the lawyer.

The client was referred to attorney Michael B. Feinman to handle a number of complicated litigation claims arising from a foreclosure proceeding. The client was attempting to foreclose on the property, as the borrower had not made payments for several years.

The client was using a local lawyer to do a foreclosure on the property. In that proceeding, the borrower was being represented by a lawyer who also was his relative. That lawyer indicated he would tie up the foreclosure for many years by raising a number of defenses, which prompted the lender to seek Feinman to handle the litigation claims as well as any other potential litigation.

Eventually, as the foreclosure went forward, the borrower's lawyer sued, seeking to enjoin the foreclosure. The lawsuit triggered a flood of claims between the two parties, including one naming the borrower's lawyer as a defendant because he was involved when the promissory note and mortgage were signed.

"The judge denied the request for an injunction and allowed the foreclosure to go on," Feinman said.

Even though the judge refused to enjoin the foreclosure, the borrower and the lawyer continued the litigation. Due to the number of claims that were being raised that often were inconsistent, the case involved many hours of work, and the client eventually agreed to pay the borrower $1,000 to settle the case so that it would go away, Feinman said.


The LRS Case in Point is a regular feature in Lawyers Journal. The feature highlights cases that pertain to interesting legal issues or large fee generating cases that were referred to attorneys through the MBA's Lawyers Referral Service.

LRS makes more than 25,000 referrals each year to its 1,200 attorneys across the state. If you are interested in becoming a member of LRS in order to obtain referrals please call the Lawyer Referral Service at (617) 338-0556.