Mortgage Company not honoring Cancellation...Sold Mortgage

We refinanced our mortgage but then decided to excess our option to cancel within the 3 day period. The mortgage company is denying that they received a cancellation notice but we have proof of time, date and source. We have an attorney but he wants all his money up front even though we informed him that we donot have a lot of cash however we can send him payments as often as we can. Granted he has not called us in about 3 weeks because he stated that he was on vacation but he found time to send emails about 3 weeks ago. He never returned our calls during that time until 2 days ago after my wife sent him a stern message over the phone to make sure if he still wants to be our attorney or not. If money was the problem even though we were short on funds, he could at least been up front with us. He stated that we had a pretty good case. My question: Is it worth it to go forward with this attorney after he has taken so long to contact us because he wanted more money and could not come out and be straight forward with us? Now he wants a court a filing fee, Retainer fee and to be paid in full. Actually the money to pay these fees will be coming from the mortgage payments that he told us to put in escrow. We just want to be sure that if we take this risk and pay him, will he guarantee us that we will win this case?

amesjay:

we have proof of time, date and source.

What, exactly, is your proof that the lender received your notice. Not proof that you sent it (anybody can prove that they sent something) but proof that they received it.

We would never have stated that we have proof if we did not have proof that they received it.

Well, you'd be amazed at how many thousands of people who post on this site say they have proof. Then when they explain what they have it turns out not to be proof.

Hence the question as to what your proof is.

I can't address your other questions without knowing that.

Except for the last question.

amesjay:

We just want to be sure that if we take this risk and pay him, will he guarantee us that we will win this case?

No, he won't. No lawyer anywhere can ever "guarantee" that you'll win the case.