Attitudes make a difference. For example, recently a client retained me to represent him in a mortgage foreclosure dispute. In discussing the case with the client I noted that he had previously spoken with the attorneys representing the lender. While the client expressed frustration because of his economic reversal, he did not appear to be antagonistic to either his lender or the lenders attorney.
In the vast majority of foreclosure defense cases that I have had, my clients have had the overall sense that the attorneys who represented the lender are arrogant, disrespectful, and seemed to take great pleasure in forcing them out of their homes. "Why", I asked, "are you not describing your lenders attorney with four letter terms of endearment?" His answer spoke volumes-"because the lawyers in that office treated me with respect. They returned my phone calls and spoke to me like a human being with problems."
I contrasted his story with that of so many other clients that have retained me. In the vast majority of cases, attorneys who have represented lenders have been rude, disrespectful, and treated my clients like vermin. They refused to answer phone calls, and when they did, they appeared to take great pleasure in winning the battle to put my client and his family out of their home and into the street.
Yesterday I got a phone call from the attorney who treated my client with respect. The attorney wanted to know what my clients objectives were in the case. I was able to have a frank discussion with the attorney. After the five minute phone call I was able to e-mail my client and start the process for what hopefully will be mutually beneficial resolution for the case.
About ten minutes after I sent the e-mail I started to review correspondence I received that day. One of the letters from opposing counsel in another case chided my client for being a "deadbeat" who did not deserve to share the air that we all breathe. He concluded his letter by demanding a settlement proposal from my client.
Just from the facts stated here, how many of you feel that the first case will settle under terms that are acceptable to both parties? In the second case, what do you think the chances of settlement are?
Attitude goes a long way. The first lender will probably settle the case and begin receiving payments on the mortgage. However, the second lender will probably spend more money on attorneys than they would have spent by modifying the loan.
