Notice of Appearance

• Author: Rebecca A. Taylor
• Pages: 111-112

Notice of Appearance

Chapter 13

111

With the first papers you file in opposition to the complaint, which

could include a demand pursuant to the FDCPA and a qualified

written request (Chapter 19), also file a notice of appearance to let

all parties know that your client is represented by counsel. The bank

is thereby put on notice that it is prohibited from communicating

with your client without your consent. If the bank continues to com-

municate with your client directly without your permission, this

conduct will possibly provide you with viable equitable defenses; it

is acting with unclean hands by contacting your clients without

authorization. A foreclosure action is intended to be an equitable

proceeding, and if the bank fails to conduct itself ethically, this could

also form a basis for you to seek sanctions.

Some attorneys use the notice of appearance to address other

matters as well, such as a standing objection to all unilaterally sched-

uled hearings and proposed orders submitted ex parte, notices of

unavailability, and the preferred method by which the attorney wishes

to receive court documents such as e-mail, fax, regular mail, etc.

Many foreclosure firms have a tendency to schedule hearings uni-

laterally, particularly if a party is unrepresented by counsel. Pro se

defendants still have a right to have hearing dates cleared with them,

but quite often this does not happen. If a court hearing was set