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admin | Category: Phone Lookup Free | 16.08.2015
This alert is written to warn consumers about marketing companies, unlicensed entities, lawyers, and so-called attorney-backed, attorney-affiliated, and lawyer referral entities that offer and sell false hope and request the payment of upfront fees for so-called “mass joinder” or class litigation  that will supposedly result  in extraordinary home mortgage relief.
The California Department of Real Estate (“DRE” or “Department”) previously issued a consumer alert and fraud warning on loan modification and foreclosure rescue scams in California. The Department continues to administratively prosecute those who engage in such fraud and to work in collaboration with the California State Bar, the Federal Trade Commission, and federal, State and local criminal law enforcement authorities to bring such frauds to justice. On October 11, 2009, Senate Bill 94 was signed into law in California, and it became effective that day.
Senate Bill 94’s prohibitions seem to have significantly impacted the rampant fraud that was occurring and escalating with respect  to the payment of upfront fees for loan modification work.
Also, forensic loan auditors must now register with the California Department of Justice and cannot accept payments in advance for their services under California law once a Notice of Default has been recorded. On January 31, 2011, an important and broad advance fee ban issued by the Federal Trade Commission became effective and outlaws providers of mortgage assistance relief services from requesting or collecting advance fees from a homeowner. The advance fee ban issued by the Federal Trade Commission includes a narrow and conditional carve out for attorneys.
They are engaged in the practice of law, and mortgage assistance relief is part of their practice. They are complying with State laws and regulations governing the “same type of conduct the [FTC] rule requires”. They place any advance fees they collect in a client trust account and comply with State laws and regulations covering such accounts. It is important to note that the exemption for lawyers discussed above does  not allow lawyers to collect money upfront for loan modifications or loan forbearance services, which advance fees are banned by the more restrictive California Senate Bill 94. This alert and warning is issued to call to your attention the often overblown and exaggerated “sales pitch(es)” regarding the supposed value of questionable “Mass Joinder” or Class Action Litigation. Whether they call themselves Foreclosure Defense Experts, Mortgage Loan Litigators, Living Free and Clear experts, or some other official, important or impressive sounding title(s), individuals and companies are marketing their services in the State of California and on the Internet.


While there are lawyers and law firms which  are legitimate and qualified to handle complex class action or joinder litigation, you must be cautious and BEWARE. You can join in a mass joinder or class action lawsuit already filed against your lender and stay in your home. Your payment obligation and foreclosure against your home can be stopped when the lawsuit is filed.
The lawsuit may give you the right to  rescind your home loan, or to reduce your principal. Litigation attorneys are “turning the tables on lenders and getting cash settlements for homeowners”. In one Internet advertisement, the marketing materials say, “the damages sought in your behalf are nothing less than a full lien strip or in otherwords [sic] a free and clear house if the bank can’t produce the documents they own the note on your home. The reality is that litigation is time-consuming (with formal discovery such as depositions, interrogatories, requests  for documents, requests for admissions, motions, and the like), expensive, and usually vigorously defended.
Even if a lender or loan owner defendant were to lose at trial, it can appeal, and the entire process can take years. First, even assuming that the lawyers can  identify fraud or other legal violations performed by your lender in the loan origination process, your loan may be owned by an investor – that is, someone other than your lender. Second, and very importantly, loan modifications and other types of foreclosure relief are simply not possible for every homeowner, and the “success rate” is currently very low in California. Before entering into an attorney-client relationship, or paying for “legal” or litigation services, ascertain the name of the lawyer or lawyers who will be providing the services. Check them out through the Better Business Bureau to see if the Bureau has received any complaints about the lawyer, law firm or marketing firm offering the services (and remember that only lawyers can provide legal services).
Also, ask them lots of specific, detailed questions about their litigation experience, clients and successful results. Ask the lawyers if they are class action or joinder litigation specialists and ask them what specialist qualifications they have. Mortgage rescue frauds are extremely good at selling false hope to consumers in trouble with regard to home loans.


Things I think homeowners should know about loan modifications & HAMP-2 viewed 87,329 timesThe secret NPV formula used to qualify for HAMP loan modifications that no one is allowed to know.
They just change their  tactics and modify their sales pitches to keep taking advantage of those who are desperate to save their homes.
Some of the claims above might be true in a particular case, based on the facts and evidence presented before a Court or a jury, or have a ring or hint of truth, but you must carefully examine and analyze each and every one of them to determine if filing a lawsuit against your lender or joining a class or mass joinder lawsuit will have any value for you and your situation. And please understand that this is just another resource for you to check, as the litigation services provider might be so new that the Better Business Bureau may have little or nothing on them (or something positive because of insufficient public input).
For example, you should ask them how many mortgage-related joinder or class lawsuits they have filed  and handled through settlement or trial. Then ask what they will actually do for you (what specific services they will be providing and for what fees and costs). The scammers  continue to adapt and to modify their schemes as soon as their last ones became ineffective.
And even if your lender still owns the loan, they are not legally required, absent a court judgment or order, to modify your loan or to halt the foreclosure process if you are behind in your payments. Get that in writing, and take the time to fully understand what the attorney-client contract says and what the end result will be before proceeding with the services.
Also, the violations discovered may be minor or inconsequential, which will not provide for any helpful remedies.



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