I find it quite irregular for your attorney to receive a check from your opponent. I am assuming you saw a copy of it? Or original check?
Usually, there is some kind of explanation for what the check is for in the memo section of the check.
Don't tell us the exact amount of the check but if it is over $100
I'd want an explanation.
If he participated in a depo for your case, he is entitled to be paid in some states.
What I am doing here is trying to get you to look a little deeper and rule
out every legitimate reason he might have had to receive a check.
If none exists and no response is made to your inquiry about the check,
then consider a complaint to your state bar association. Be sure to
go on line and look for your state's info. If this was for the bankruptcy
case, you'd look under those statutes to see what he is entitled to receive
reimbursement for his work from your opponent.
Sometimes, your attorney may have to send out a copy service under a subpoena to get your loan information. Your attorney would be entitled
to reimbursement for this kind of expense as any info he requests for discovery is to be supplied. It he has to subpoena them to get it, this would be a legitimate reason for him to have received a check from them.
If it was for something unusual, I have to wonder why he would put a copy in your file.
Accepting money on your case without a legitimate reason to do so, is a serious allegation. Don't make it unless you have proof.
Mere suspicion is not proof.
Have you run a mortgage calculator to see what your loan payments and balances should look like v what they are alleging is the correct status of your loan payments and balances.
Run it from day one through conclusion.
Run it from day one through the day before the forbearance agreement
Run it using the forbearance information.
It must be my karma. I hate bean counting exercises. Yet, I see that
bean counting is the primary focus to determine what should have been
paid v what has been paid. Print 2 copies. One to write on and one to keep
it ready as evidence.
Eventhough yours is a bit complicated, you can do this. Just plug in the right info and the computer does the rest. Try the first one. Put in the data
for the original planned payments from the beginning through to the ending date.
I have to say when I did that on my own loan, it instilled some power over
this wild west servicer for any mistake they made. I had a place to record
any conflicting financial transactions they made.
Did the bankruptcy trustee do any work on the mortgage repayment process? If so, what?
Keep looking for a lawyer if you can. If not, then get your evidence in
Keep fighting but at the same time, have a plan b in case the worst happens.
That is not negative thinking. If you lose this case, what's next?