Let's suppose a borrower cheats you out of a loan fee of $10,000 and you decide to sue him. The problem is that if you hire an attorney to represent you, he'll likely charge you $25,000 to $40,000 to handle the case through trial. Even if you eventually win, it will be a pyrrhic victory. You will have spent $35,000 to collect $10,000. The reason you may be tempted to hire an attorney is because your mortgage company is a corporation or an LLC. Corporations and LLC's must be represented by an attorney in civil court. One way around this is to include an arbitration clause in your fee agreements. In most states, corporations and LLC's can be represented by non-attorneys at the arbitration. If, however, you failed to include an arbitration provision in your fee agreement, there is another solution. Your corporation or LLC can always assign the cause of action to you personally. Then you can, as an individual, sue the bad guy in pro per (as an individual without an attorney). Individuals are not required by law to be represented by an attorney.
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