Foreclosure Defense: Fixed Fee v. Hourly

One of the most common questions I get is, “how much does it cost for you to defend my foreclosure?

There are 3 prevailing fee models in foreclosure defense:

1. Fixed fee, such as $1,500.00 for the entire case, no matter how long it lasts.

2. Fixed monthly fee, such as $500.00 per month until the case is over.

3. Hourly rate with a retainer; you pay when the attorney works on your case.

All 3 models have upsides and downsides. Models #1 and #2 give the client cost certainty. It is impossible to determine total costs under Model #3, but give a range of costs is possible. What follows is a general discussion of the ups and downs of the models. I’m giving you my opinions on these models. I know there are outliers in each category, but these are my impressions and I stand by them.

Fixed Fee.  I understand the appeal here. You pay a certain amount and that’s it, you’ve got an attorney on your side! This would be the best model for the client, if not for the reality of human nature. Let’s face it, when an 

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