Legal Ethics
Lawyer? What Lawyer? Condo Owner Protests Costly ‘Representation’
Posted Oct 28, 2009 12:45 PM CST
By Martha Neil
Wondering why his mortgage foreclosure case was taking such a long time to conclude, a Florida condominium owner called the lender.
The answer: Attorney Bruce Harlan had been fighting the foreclosure on Alejandro Salazar's behalf for a year, even though Salazar says he had never heard of the attorney, reports the St. Petersburg Times.
As a result, Salazar contends, another $30,000 or so in mortgage-related interest, legal fees and costs have been added to the amount he and his wife allegedly owe to Deutsche Bank.
Harlan confirms that he listed himself as Salazar's lawyer, the newspaper says. Harlan explains that he was asked to do so by a woman who acquired a deed to Salazar's condo in the Westchase Community Association in Tampa after it pursued a separate court action over a lien for $546 in association fees that Salazar also had not paid.
Harlan says he has been helping the woman, who is a real estate agent and lives in the unit, attempt to settle the Deutsche Bank foreclosure case by paying $50,000 for the unit—a considerable discount from the $137,000 that Salazar allegedly owes on the mortgage, the Times reports. The short sale they sought of the unit would also have helped Salazar, Harlan contends, because it would not be as big a negative on his credit report as a foreclosure.
An e-mail from a relative Salazar authorized to act for him before moving to Spain with his wife seemingly OK'd his representation of Salazar in the foreclosure case, Harlan tells the newspaper. But "if I had to do it over again, I would have asked for a letter of authority from Mr. Salazar.''
Through another attorney he hired to represent him, Salazar sought $30,852 from Harlan to cover what he contended are the costs of him of the unwanted "representation," threatening to go to authorities if he wasn't paid, the newspaper article states. In response, Harlan called this demand "extortion" and withdrew from the foreclosure case earlier this month.
Salazar has complained about the situation to the state attorney general's office.

Comments
Bill
Oct 30, 2009 6:15 AM CST
What kind of idiot lawyer considers himself to be representing a purported client without ever having even spoken to the client over the phone, let alone receiving express agreement to the representation?
This has to constitute some kind of fraud. If I were Salazar, I would demand my money also. This idiot lawyer apparently cost the guy a whole lot of time and money by purporting to act as his lawyer when in fact he never had any such authorization. The guy clearly violated the rules of professional conduct.
Flag this comment
IC_deLight
Oct 30, 2009 7:38 AM CST
Of course there is a racket. There is a Florida condo association involved which is the first clue. The second clue is that the condo association filed a suit over $500 to apparently foreclose on the owner and obtained a deed which was then conveyed to this woman who now lives in the unit. Salazar made the best decision by not sinking another dime into the place. He would have only had more equity stolen by the condo association for the benefit of its vendors and board members. Hopefully it won’t be too many more years before buyers wakeup to the undesirability of property in either a condo or homeowner association. Fortunately, the Feds have woken up to it and have put much more stringent lending requirements on condo purchases. Perhaps they will consider doing the same with respect to HOA purchases. I sincerely hope that this woman is foreclosed upon and that more is brought to light about the workings of the Westchase Community Association and its attorneys.
Flag this comment
Add a Comment
We welcome your comments, but please adhere to our comment policy.
Commenting has expired on this post.