Tag Archives: Against

Brookstone Law, Pc: Obama Administrations Mortgage Deal Could Exclude Borrowers from Future Action Against Banks

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Newport Beach, CA (Vocus/PRWEB) March 02, 2011

Recent media reports that the Obama administration is attempting to reach an agreement with banks more than mortgage-servicing breakdowns highlights the require for homeowners facing foreclosure to have legal counsel prior to any settlement, according to Vito Torchia, Jr. managing lawyer of Brookstone Law.

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According to media reports, the Administration’s proposed settlement would require banks and loan servicers to bear the expense of write downs but provides banks the freedom to decide what these modifications will be. Those servicers would include mortgage-finance giants Fannie Mae and Freddie Mac, as well as investors in loans that had been securitized by Wall Street firms. Settlement terms stay in improvement and regulators are seeking at up to 14 servicers that could be a celebration to the settlement.

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Brookstone Law, Computer, has filed a mass joinder lawsuit against Bank of America, potentially the most significant and precedent setting legal action taken against lenders as a result of the national foreclosure crisis. The lawsuit alleges Bank of America (BOA) and its subsidiary Countrywide Financial Corporation (Countrywide) perpetrated a enormous fraud, also constituting unfair competitors upon borrowers that devastated the values of their residences, resulting in the loss of net worth, and that BOA and Countrywide intended to deprive many rights and treatments for the difficulties they caused the borrowers. The case is Wright et al. v. Bank of America, N.A. et al., case no.30-2011-00449059-CU-MT-CXC filed in Orange County Superior Court.

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Now that the U.S. Government is discussing settlements that will defuse lawsuits against the banks that specifically challenge elements of mortgage securitization, the broken chain of title or MERS, principal reduction is the most critical aspect of any settlement, said Vito Torchia, Jr. Until banks and servicers totally embrace principal reductions, the thousands of homeowners who are underwater will continue to struggle and that will preserve the housing marketplace and our economy down for years.

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According to media reports in the Wall Street Journal, Federal agencies have been scrutinizing the nation’s largest banks more than breakdowns in foreclosure procedures that erupted final fall and last week, the Office of the Comptroller of the Currency raised issues more than inadequate staffing and weak controls over foreclosure processes. In 2008, BOA settled claims worth more than $ eight.six billion for loans allegedly involving predatory lending practices committed by Countrywide, which it acquired that year.

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Any settlement could be amongst the biggest ever against the mortgage sector especially considering that some are pushing for banks to spend billions or fund a comparable quantity of loan workouts, stated Vito Torchia, Jr. If a single settlement can’t be reached, it is most likely various federal agencies will nonetheless seek smaller sized penalties through regular enforcement channels, so banks could face the prospect of lawsuits from state attorneys common, which indicates property owners require for professional legal counsel will be just as wonderful right after any settlement as it is now.

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ABOUT BROOKSTONE LAW, Computer &#13

Headquartered in Newport Beach, Calif., and with offices in Los Angeles, Calif., and Ft. Lauderdale, Fla., Brookstone Law, Computer is a law firm comprised of attorneys with expertise and accomplishment in business, corporate and individual finance, employment, entertainment and media, art and museum, intellectual property and true estate law. The firm has a network of more than 40 affiliate attorneys nationwide and employs very trained specialists, paralegals, paraprofessionals and administrative staff dedicated to serving clients. For info, call (800) 946-8655 or go to Brookstone-Law.com (http://www.brookstone-law.com).

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Kramer-Kaslow: Homeowners Fight Back with a Massive Lawsuit Against Wells Fargo/Wachovia (WELLS)

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Calabasas, CA (Vocus/PRWEB) April 16, 2011

Philip Kramer has filed a mass joinder lawsuit against Wells Fargo/Wachovia (WELLS) (Nelson v. Wells Fargo, Superior Court of California, Superior Court of Los Angeles, case number: BC 452 264) in what is potentially the most considerable and precedent-setting legal action taken against lenders as a result of the national foreclosure crisis, it was announced today by Philip Kramer, Esq. of Kramer &amp Kaslow.

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The firm has filed suit on behalf of a mass joinder of plaintiffs looking for damages and injunctive relief as a result of what it calls the bank’s fraud and multiple violations of Nearby, State, and Federal consumer protection laws. Relief is getting sought for fraud, to stop the illegal sale of plaintiffs properties, to force the bank to cease and desist from their conduct, as nicely as to seek compensatory damages on behalf of the plaintiffs.

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Mr. Kramer says that the lawsuit alleges WELLS FARGO perpetrated a massive fraud, also constituting unfair competitors upon borrowers that devastated the values of their residences, resulting in the loss of net worth even as Wells Fargo enriched itself by knowingly promoting financial instruments primarily based on a worth the bank knew to be unwarranted. Mr. Kramer also claims that Wells Fargo further intended to deprive many rights and treatments for the issues they caused the borrowers and believes that the harm carried out to the plaintiffs is exceeded only by the scale of the banks conduct as asserted in the plaintiffs suit.

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According to court documents, the lawsuit claims the Bank disregarded underwriting requirements and implemented a massive fraud that was concealed from borrowers and other mortgagees on an unprecedented scale. The lawsuit alleges that, as a result of the Banks actions, borrowers lost equity in their homes, their credit ratings and histories have been destroyed and they incurred unnecessary fees and expenditures.

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Mr. Kramer says that the lawsuit challenges the fraudulent and illegal use of MERS in connection with the loans and mortgages, as well as the defendants failure to perform their obligations pursuant to accepting TARP funds.

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The lawsuit’s filing coincides with a current decision in a class action suit in Maryland that invalidated far more than 10,000 foreclosure cases managed by Wells Fargo Mortgage because affidavits in the situations have been signed by a Wells Fargo robo-signer who, according to court documents, attested to the authenticity of foreclosure documents with out any knowledge about them, as well as signing other false statements in the case Manson v. Wells Fargo Mortgage LLC, 08-cv-12166, U.S. District Court, District of Massachusetts (Boston).

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Philip Kramer of Kramer &amp Kaslow has also filed suits against Bank of America/Countrywide, JP MORGAN Chase/Washington Mutual, GMAC, A single West/Indymac, and Citibank which have all allegedly defrauded hundreds of thousands of home owners. These situations are now going national. Philip Kramer and Kramer &amp Kaslow attorneys have invoked laws and procedures the banks were previously unaware of.

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I am convinced that for the 1st time that aggrieved property owners are going to get a fighting opportunity, says attorney Philip Kramer. Until now, the banks have had their way, using and abusing the program at the expense of distressed property owners across the nation. Now, following years of abusing home owners and the higher public, the bank bullies are getting a good stiff legal punch in the nose.

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ABOUT PHILIP KRAMER&#13

PHILIP A. KRAMER is the senior companion of the Law Workplace of Kramer &amp Kaslow, in Calabasas, California. Kramer &amp Kaslow is Martindale Hubbell AV rated. Mr. Kramer is a perennial recipient of the prestigious Southern California Super Lawyer award.

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Mr. Kramer received his undergraduate degree from Ohio State University and his Juris Doctorate from the Catholic University of America, in Washington, DC. His practice emphasizes industrial litigation and trial advocacy, with a concentration on organization litigation, and genuine property matters. He has prosecuted and defended situations for more than twenty 5 years.

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Mr. Kramer is a licensed genuine estate broker and has spent considerable time providing legal solutions in connection with real estate concerns relating to loan modification and loss mitigation, land use and zoning, environmental troubles, easements, construction and development, finance, and landlord tenant matters.

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Mr. Kramer is admitted to practice ahead of all courts in the State of California, the United States Supreme Court and the United States Court of Military Appeals. Mr. Kramer has tried in excess of 200 circumstances. He has appeared on nationally televised applications regarding pre-trial procedure and trial strategy and has appeared as a guest lecturer on topics ranging from constitutional law to trial practice, and Mr. Kramer often lectures on a broad spectrum of different legal and organization concerns.

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Mr. Kramer also serves as a Judge Pro Tem for the Los Angeles Superior Court and as a Mediator.

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Mr. Kramer is also a previous president of the Los Angeles West Inns of Court, a national organization dedicated to bringing back professionalism and civility into the legal profession. He also serves on quite a few Boards of Directors and serves as an officer in several firms. For a lot more data contact (818) 224-3900 or visit http://kramerlaw2.com

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Kramer Kaslow: Alleged Unscrupulous Banking Practices Outcome In Mass Joinder Lawsuit Against GMAC

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Calabasas, CA (Vocus/PRWEB) April 19, 2011

Philip Kramer has filed a mass joinder lawsuit against GMAC (Locker v. Ally, Superior Court of California, Superior Court of Los Angeles, case quantity: BC 452 263) in what is potentially the most substantial and precedent-setting legal action taken against lenders as a result of the national foreclosure crisis, it was announced right now by Philip Kramer, Esq. of Kramer &amp Kaslow.

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The firm has filed suit on behalf of a mass joinder of plaintiffs looking for damages and injunctive relief as a result of what it alleges is the bank’s fraud and several violations of Local, State, and Federal customer protection laws. Mr. Kramer says that relief is becoming sought for fraud, to quit the illegal sale of plaintiffs houses, to force the bank to cease and desist from their conduct, as well as to seek compensatory damages on behalf of the plaintiffs.

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The lawsuit alleges that GMAC perpetrated a massive fraud, also constituting unfair competitors upon borrowers that devastated the values of their residences, resulting in the loss of net worth even as GMAC enriched itself by knowingly promoting economic instruments based on a value the bank knew to be unwarranted. The suit also alleges that GMAC additional intended to deprive many rights and treatments for the troubles they caused the borrowers and Mr. Kramer believes that the harm done to the plaintiffs is exceeded only by the scale of the banks conduct as asserted in the plaintiffs suit.

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According to court documents, the lawsuit claims the bank disregarded underwriting standards and implemented a massive fraud that was concealed from borrowers and other mortgagees on an unprecedented scale. The lawsuit alleges that, as a outcome of the banks actions, borrowers lost equity in their houses, their credit ratings and histories have been destroyed and they incurred unnecessary charges and costs.

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Mr. Kramer also claims that the lawsuit challenges the fraudulent and illegal use of MERS in connection with the loans and mortgages, as nicely as the defendants failure to perform their obligations pursuant to accepting TARP funds.

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The lawsuit’s filing coincides with a recent choice in a class action suit that invalidated a lot more than ten,000 foreclosure circumstances managed by GMAC Mortgage due to the fact affidavits in the circumstances were signed by a GMAC robo-signer who, according to court documents, attested to the authenticity of foreclosure documents with out any knowledge about them, as nicely as signing other false statements in the case Manson v. GMAC Mortgage LLC, 08-cv-12166, U.S. District Court, District of Massachusetts (Boston).

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I am convinced that for the very first time that aggrieved home owners are going to get a fighting likelihood, says lawyer Philip Kramer. Till now, the banks have had their way, using and abusing the method at the expense of distressed home owners across the nation. Now, soon after years of abusing home owners and the greater public, the bank bullies are acquiring a excellent stiff legal punch in the nose.

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ABOUT PHILIP KRAMER&#13

PHILIP A. KRAMER is the senior companion of the Law Workplace of Kramer &amp Kaslow, in Calabasas, California. Kramer &amp Kaslow is Martindale Hubbell AV rated. Mr. Kramer is a perennial recipient of the prestigious Southern California Super Lawyer award.

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Mr. Kramer received his undergraduate degree from Ohio State University and his Juris Doctorate from the Catholic University of America, in Washington, DC. His practice emphasizes commercial litigation and trial advocacy, with a concentration on enterprise litigation, and true house matters. He has prosecuted and defended circumstances for over twenty five years.

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Mr. Kramer is a licensed true estate broker and has spent considerable time delivering legal solutions in connection with real estate problems relating to loan modification and loss mitigation, land use and zoning, environmental concerns, easements, building and improvement, finance, and landlord tenant matters.

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Mr. Kramer is admitted to practice just before all courts in the State of California, the United States Supreme Court and the United States Court of Military Appeals. Mr. Kramer has tried in excess of 200 circumstances. He has appeared on nationally televised applications regarding pre-trial process and trial approach and has appeared as a guest lecturer on topics ranging from constitutional law to trial practice, and Mr. Kramer often lectures on a broad spectrum of different legal and business concerns.

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Mr. Kramer also serves as a Judge Pro Tem for the Los Angeles Superior Court and as a Mediator.

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Mr. Kramer is also a previous president of the Los Angeles West Inns of Court, a national organization committed to bringing professionalism and civility back into the legal profession. He also serves on several Boards of Directors and serves as an officer in numerous companies. For a lot more info get in touch with (818) 224-3900 or check out http://kramerlaw2.com

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Kramer Kaslow Files Suit Against Ally Bank

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Calabasas, CA (PRWEB) April 21, 2011

Kramer-Kaslow, has filed a mass joinder lawsuit against Ally Bank, N.A. (ALLY) in Los Angeles Superior Court (Kennedy v. Ally, Case number BC459747) in what is potentially the most considerable and precedent-setting legal action taken against lenders as a result of the national foreclosure crisis, it was announced today by Philip Kramer, Esq. of Kramer &amp Kaslow.

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The firm has filed suit on behalf of a mass joinder of plaintiffs in search of damages and injunctive relief as a outcome of what it says is the bank’s alleged fraud and several violations of Local, State, and Federal consumer protection laws. Relief is being sought for alleged fraud, to cease the alleged illegal sale of plaintiffs residences, to force the bank to cease and desist from their alleged outrageous conduct, as properly as to seek compensatory damages on behalf of the plaintiffs.

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The lawsuit alleges that ALLY perpetrated a enormous fraud, also constituting unfair competition upon borrowers that devastated the values of their residences, resulting in the loss of net worth even as ALLY enriched itself by knowingly selling financial instruments primarily based on a value the bank knew to be unwarranted. The suit also alleges that ALLY further intended to deprive quite a few rights and treatments for the problems they caused the borrowers and Mr. Kramer says that he believes that the harm accomplished to the plaintiffs is exceeded only by the scale of the banks conduct as asserted in the plaintiffs suit.

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According to court documents, the lawsuit claims the bank disregarded underwriting requirements and implemented a enormous fraud that was concealed from borrowers and other mortgagees on an unprecedented scale. The lawsuit alleges that, as a outcome of the banks actions, borrowers lost equity in their homes, their credit ratings and histories have been destroyed and they incurred unnecessary fees and expenditures.

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Mr. Kramer says the lawsuit also challenges the alleged fraudulent and illegal use of MERS in connection with the loans and mortgages, as nicely as the defendants alleged failure to execute their obligations pursuant to accepting TARP funds.

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The lawsuit’s filing coincides with a current decision in a class action suit that invalidated far more than 10,000 foreclosure circumstances managed by GMAC Mortgage simply because affidavits in the circumstances had been signed by a GMAC robo-signer who, according to court documents, attested to the authenticity of foreclosure documents without having any information about them, as effectively as signing other false statements in the case Manson v. GMAC Mortgage LLC, 08-cv-12166, U.S. District Court, District of Massachusetts (Boston).

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I am convinced that for the very first time that aggrieved homeowners are going to get a fighting opportunity, says attorney Philip Kramer. Till now, the banks have had their way, employing and abusing the technique at the expense of distressed homeowners across the nation. Now, soon after years of abusing home owners and the greater public, the bank bullies are obtaining a great stiff legal punch in the nose.

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ABOUT PHILIP KRAMER&#13

PHILIP A. KRAMER is the senior companion of the Law Workplace of Kramer &amp Kaslow, in Calabasas, California. Kramer &amp Kaslow is a Martindale Hubbell AV rated. Mr. Kramer is a perennial recipient of the prestigious Southern California Super Lawyer award.

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Mr. Kramer received his undergraduate degree from Ohio State University and his Juris Doctorate from the Catholic University of America, in Washington, DC. His practice emphasizes commercial litigation and trial advocacy, with a concentration on organization litigation, and actual property matters. He has prosecuted and defended circumstances for over twenty 5 years.

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Mr. Kramer is a licensed actual estate broker and has spent considerable time offering legal services in connection with actual estate problems relating to loan modification and loss mitigation, land use and zoning, environmental issues, easements, construction and development, finance, and landlord tenant matters.

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Mr. Kramer is admitted to practice prior to all courts in the State of California, the United States Supreme Court and the United States Court of Military Appeals. Mr. Kramer has attempted in excess of 200 instances. He has appeared on nationally televised applications relating to pre-trial process and trial approach and has appeared as a guest lecturer on topics ranging from constitutional law to trial practice, and Mr. Kramer frequently lectures on a broad spectrum of different legal and business problems.

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Mr. Kramer serves also as a Judge Pro Tem for the Los Angeles Superior Court and as a Mediator.

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Mr. Kramer is also a previous president of the Los Angeles West Inns of Court, a national organization dedicated to bringing back professionalism and civility into the legal profession. He also serves on quite a few Boards of Directors and serves as an officer in several businesses. For more information, visit http://www.kramer-kaslow.com.

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Kramer and Kaslow: Georgia Army Sergeant Wins Case against PHH Mortgage Corp.

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Calabasas, California (PRWEB) May 03, 2011

A jury in Georgia not too long ago awarded a Fort Benning Army sergeant, David Brash, more than twenty million dollars since of what attorney Philip A. Kramer calls the egregious style of his lender (David Brash v. PHH Mortgage Corp., undertaking company as Coldwell Banker case Quantity: four:2009cv00146 Georgia Middle District Court).

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For the duration of his testimony, Brash stated that considering that he was going into combat, he set up an automatic mortgage payment, but following eighteen months, Coldwell Banker began sending late payment notices and generating telephone calls demanding payment. Concerned that a negative report to the credit reporting agencies may possibly negatively influence his military career and make it hard to get a safety clearance, Brash instantly contacted the bank to inform the lender of their error and to make confident that Coldwell Banker did not erroneously report a late payment to the credit bureaus.

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According to court documents, Brash made many attempts to right the banks erroneous reporting of delinquencies even though the bank was in reality getting mortgage payments by means of automatic deduction from Sergeant Brashs account. Also according to court documents, Sergeant Brashs letters to the mortgage company went unanswered violating federal laws. His phone calls were routed to overseas consumer service workers who had been unable to answer his inquiries.

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For the duration of the trial, the bank was forced to admit that their overseas employees had limited access to information. The bank was additional embarrassed when numerous of the calls all recorded by PHH as a matter of standard operating procedure, had been played in court. According to the recordings played in court, Brash was placed on hold for 30, 40 , and at least when for 55 minutes, and then, if he wasnt disconnected, would be presented with a distinct response and a promise to get back to him which in no way occurred.

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Philip Kramer, a perennial recipient of the prestigious Southern California Super Lawyer award, says he was appalled by Sergeant Brashs remedy, but not shocked. I deal with home owners complaints each and every day and am currently leading numerous of the biggest mass joinder lawsuits ever brought against the banks for their poor behavior in the mortgage crisis, says Kramer. Each day, I deal with individuals whose homes are in foreclosure, and it in no way ceases to amaze me how callous, and typically incompetent, the banks behavior is in dealing with people. Im not surprised that a jury awarded Mr. Bash so significantly for his problems.

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According to Brashs testimony, he recognized that he was not generating progress with the bank by way of his personal private efforts, so he engaged an attorney to represent him. Initially, Brash mentioned all he sought was to avoid a damaging report to the credit bureaus. Regardless of several phone calls and written requests, in November 2009, Brash was reported as becoming significant delinquent to credit reporting agencies.

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When the matter went to trial, the jury was appalled at how David Brash had been treated, says Philip Kramer. According to court documents, the jury awarded Brash 1 million dollars in compensatory damages plus $ 575 for out of pocket costs. They also awarded him $ 350,000 for attorney costs. The 20 million dollar award was for punitive damages.

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No a single goes into a trial for exciting, says Kramer. The bank had each chance right here to appropriate their errors, and instead by way of incompetence and denial, the produced matters worse and worse. Its a sad comment when even the military gets no respect, when they behave like this toward a patriot, a man who puts himself in harms way to safeguard our nation. I want that none of my clientele required my aid. But unless the banks begin to get it and adjust their behavior, Im sad to say I feel there are going to be a lot much more folks looking for legal redress.

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http://www.gadailynews.com/news/columbus/64192-sergeant-awarded-20-million.html#ixzz1LE000gze

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ABOUT PHILIP KRAMER&#13

PHILIP A. KRAMER is the senior companion of the Law Workplace of Kramer &amp Kaslow, in Calabasas, California. Kramer &amp Kaslow is Martindale Hubbell AV rated. Mr. Kramer is a perennial recipient of the prestigious Southern California Super Lawyer award.

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Mr. Kramer received his undergraduate degree from Ohio State University and his Juris Doctorate from the Catholic University of America, in Washington, DC. His practice emphasizes commercial litigation and trial advocacy, with a concentration on enterprise litigation, and true property matters. He has prosecuted and defended instances for over twenty five years.

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Mr. Kramer is a licensed genuine estate broker and has spent considerable time supplying legal solutions in connection with real estate problems relating to loan modification and loss mitigation, land use and zoning, environmental troubles, easements, building and development, finance, and landlord tenant matters.

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Mr. Kramer is admitted to practice ahead of all courts in the State of California, the United States Supreme Court and the United States Court of Military Appeals. Mr. Kramer has attempted in excess of 200 situations. He has appeared on nationally televised programs with regards to pre-trial process and trial technique and has appeared as a guest lecturer on subjects ranging from constitutional law to trial practice, and Mr. Kramer frequently lectures on a broad spectrum of a variety of legal and business issues.

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Mr. Kramer also serves as a Judge Pro Tem for the Los Angeles Superior Court and as a Mediator.

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Mr. Kramer is also a past president of the Los Angeles West Inns of Court, a national organization committed to bringing professionalism and civility back into the legal profession. He also serves on many Boards of Directors and serves as an officer in a lot of businesses. For much more information call (818) 224-3900 or go to http://kramer-kaslow.com

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Kramer and Kaslow: Class Action Suit Brought Against JPMorgan

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Calabasas, CA (PRWEB) June 01, 2011

According to a recent New York Instances article, A class action lawsuit has been filed on behalf of the investors (The suit was filed in United States District Court Southern District of New York. Case 1:09-cv-00686-DCF) alleging that JPMorgan workers developed a grand scheme to profit from Sigma in the event of a collapse.

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The New York Occasions goes on to report that, The case, which is filed as a class action and consists of several pension funds as named plaintiffs, accuses JPMorgan of breaching its duty to maintain its consumers in protected investments, and it sheds new light on one particular of Wall Streets oldest troubles regardless of whether banks treat their clientele cash with the identical care that they treat their own.”

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Renowned litigator Philip Kramer, senior partner at the law firm of Kramer &amp Kaslow, comments, Chase had understanding of the shaky nature of the investment at the extremely highest level. Its one factor to make a error. That happens all the time. But this was not an oversight. This was not an accident.

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ABOUT PHILIP KRAMER&#13

PHILIP A. KRAMER is the senior companion of the Law Office of Kramer &amp Kaslow, in Calabasas, California. Kramer &amp Kaslow is Martindale Hubbell AV rated. Mr. Kramer is a perennial recipient of the prestigious Southern California Super Lawyer award.

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Mr. Kramer received his undergraduate degree from Ohio State University and his Juris Doctorate from the Catholic University of America, in Washington, DC. His practice emphasizes industrial litigation and trial advocacy, with a concentration on organization litigation, and true home matters. He has prosecuted and defended instances for over twenty 5 years.

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Mr. Kramer is a licensed actual estate broker and has spent considerable time providing legal services in connection with true estate problems relating to loan modification and loss mitigation, land use and zoning, environmental problems, easements, building and improvement, finance, and landlord tenant matters.

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Mr. Kramer is admitted to practice just before all courts in the State of California, the United States Supreme Court and the United States Court of Military Appeals. Mr. Kramer has tried in excess of 200 cases. He has appeared on nationally televised applications relating to pre-trial procedure and trial approach and has appeared as a guest lecturer on topics ranging from constitutional law to trial practice, and Mr. Kramer frequently lectures on a broad spectrum of numerous legal and business issues.

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Mr. Kramer also serves as a Judge Pro Tem for the Los Angeles Superior Court and as a Mediator.

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Mr. Kramer is also a past president of the Los Angeles West Inns of Court, a national organization committed to bringing professionalism and civility back into the legal profession. He also serves on many Boards of Directors and serves as an officer in many firms. For more data get in touch with (818) 224-3900 or visit http://kramer-kaslow.com

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Philip Kramer Responds to Deutsche Bank Suit Against Foreclosure Expert

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Calabasas, California (PRWEB) June 12, 2011

The Law Offices of Kramer and Kaslow not too long ago weighed in on a news article published on the Huffington Post net website final month. According to the Huffington Post’s report, Deutsche Bank is suing the son of foreclosure specialist Lynn Szymoniak for what she is quoted in the post is “in retribution for her efforts to bring their malfeasance to light.”

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Ms. Szymoniak not too long ago appeared on an April 3, 2011 60 Minutes episode, and blasted the lenders for what she believes are their errant ways. For far more particulars, view Ms. Szymoniaks response to the Deutsche Bank suit (Palm Beach Circuit Court, CASE NO: 50 2008 CA 022258 XXXXMB)

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In the Huffington Post post, it is reported that shortly right after the look on 60 Minutes: Szymoniak won a key victory in her personal foreclosure case. The court identified that Deutsche Bank was unable to demonstrate ownership of her mortgage, which had initially been issued by the defunct subprime mortgage lender Alternative 1, and threw the case out.

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According to court documents, Deutsche Bank was permitted to re-file their case if the bank could get appropriate documentation, however. And on Friday, May 6, Szymoniak received a notification from the bank’s lawyers that she was once more being sued for foreclosure.

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Additionally, according to court documents, Deutsche Bank wasn’t just going soon after her. The bank was also attempting to sue her son, Mark Cullen, who is presently pursuing a graduate degree in poetry at the New College in New York. Cullen hasn’t lived in Szymoniak’s home for seven years and is not a celebration to any aspect of her mortgage — he has no interest in either the property or the loan, and by no means has had any such interest, according to Szymoniak.

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“It is just absolute harassment,” Szymoniak mentioned in her interview with the Huffington Post. “He does not personal anything, for god’s sake! He’s receiving a masters in poetry. He not only doesn’t have any funds, he’s by no means going to have any funds.”

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Each Deutsche Bank and their legal counsel, Akerman Sentertfitt LLP, declined to comment.

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California-primarily based consolidated plaintiff litigation attorney Philip Kramer, whose Kramer &amp Kaslow law firm has filed a number of lawsuits against lenders on behalf of property owners comments, I am not shocked to hear that Deutsche Bank had improper record keeping. That is rampant. I am not shocked that they re-filed the suit. It was either that or by their silence admit wrongdoing. What is startling is that they would seek retribution against an innocent third party. I cant believe that any court will let this stand.

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Learn more by going to the Kramer and Kaslow weblog.

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ABOUT PHILIP KRAMER&#13

PHILIP A. KRAMER is the senior partner of the Law Office of Kramer &amp Kaslow, in Calabasas, California. Kramer &amp Kaslow is Martindale Hubbell AV rated. Mr. Kramer is a perennial recipient of the prestigious Southern California Super Lawyer award.

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Mr. Kramer received his undergraduate degree from Ohio State University and his Juris Doctorate from the Catholic University of America, in Washington, DC. His practice emphasizes commercial litigation and trial advocacy, with a concentration on enterprise litigation, and true house matters. He has prosecuted and defended instances for more than twenty five years.

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Mr. Kramer is a licensed genuine estate broker and has spent considerable time delivering legal solutions in connection with real estate problems relating to loan modification and loss mitigation, land use and zoning, environmental concerns, easements, building and development, finance, and landlord tenant matters.

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Mr. Kramer is admitted to practice before all courts in the State of California, the United States Supreme Court and the United States Court of Military Appeals. Mr. Kramer has tried in excess of 200 instances. He has appeared on nationally televised programs regarding pre-trial process and trial approach and has appeared as a guest lecturer on subjects ranging from constitutional law to trial practice, and Mr. Kramer frequently lectures on a broad spectrum of numerous legal and business troubles.

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Mr. Kramer also serves as a Judge Pro Tem for the Los Angeles Superior Court and as a Mediator.

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Mr. Kramer is also a past president of the Los Angeles West Inns of Court, a national organization committed to bringing professionalism and civility back into the legal profession. He also serves on several Boards of Directors and serves as an officer in many businesses. For a lot more data call (818) 224-3900 or visit http://kramer-kaslow.com

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Legal Helpers Debt Resolution Defends Consumers against Abusive Creditor Practices

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Chicago, IL (PRWEB) August 05, 2011

Legal Helpers Debt Resolution, LLC, (LHDR) is defending itself and its customers against what they contact abusive credit practices, outrageous interest rates, and the political pressure exerted by the banks and credit card businesses on Illinois politicians. LHDR is standing up against Chicago-Style Politics to protect its clients.

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LHDR is aggressively difficult an administrative order from the Illinois Department of Monetary and Expert Regulation. The law firms senior partners, Thomas G. Macey and Jeffrey J. Aleman, both licensed Illinois attorneys, defend their law firm stating that the Division has its details totally wrong and is motivated by stress from the banks who are upset because LHDR has taken them to process for their abusive practices against innocent Illinois consumers.

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We are a law firm, the initial truly national consumer law firm in the country, mentioned Jason Searns, Managing Lawyer. Our customers need to have alternative debt resolution options, such as financial workouts with their creditors due to the fact they cant afford usurious interest prices and to be kept awake all night with harassing telephone calls from the credit card companies and banks. If the Illinois politicians want to side with the banks and help them in this harassment, then so be it, but we have a duty to defend our clientele- anything the politicians are not undertaking.

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The Department, along with the attorney generals office, just like Illinois consumers, have fallen victim to the will of the banks and as an alternative of defending customers from the banks ruthless practices, are searching for political favors from the banks by attacking these who safeguard customers and challenge their vicious practices. Said Jason Searns, Managing Attorney.

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LHDRs mission is to supply ethical, cost-successful legal solutions to buyers across America, guarding them from abusive creditor practices. LHDR is a consumer advocacy law firm that protects its clients rights and negotiates burdensome debts. If a client is sued, just like any other law firm, LHDR represents them in court and litigates or settles the case in favor of its client. We dont ever see the Department or the Lawyer Basic standing up for Illinois residents against the abusive banks, and we feel a wonderful ethical obligation to do so. We wish the politicians would, but that job has fallen to us to do within the confines of what lawyers are allowed to do for their clients. said Searns.

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Searns explained that while banks prefer customers repay some of their debt rather than discharging it completely in a Chapter 7 bankruptcy, they do not want buyers who can afford full repayment to attempt to repay only a portion of what is owed. In fact, banks successfully restricted the availability of debt resolution solutions for buyers in some states, but legitimately indebted consumers can nonetheless seek mutually advantageous debt perform-outs with the assist of LHDR.

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LHDR is composed of lawyer partners in every state who are in very good standing with state bars and ready to provide whatever services their clientele need to have.

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About Legal Helpers Debt Resolution, LLC&#13

Legal Helpers Debt Resolution, primarily based in Chicago, is a national law firm with offices in 50 states. By way of their offices and the offices of associated firms they offer you their consumers a full spectrum of debt relief alternatives, which includes debt resolution, bankruptcy, debt management, tax settlement, foreclosure defense and mortgage loan modification. For a lot more details call (866) 751-5004.

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Case #: 10CC311&#13

Citations:&#13

(Debt Harassment is #1 on List of Customer Complaints, creditlaw.com, three/3/11)&#13

(Ending Credit Card Abuses, uspirg.org, 5/three/09)&#13

(Madigan, Lisa, followthemoney.org)&#13

(Illinois Constitution, ilga.gov)&#13

(Did Chase pull a credit card bait and switch?, MSNBC, four/eight/09)&#13

(Sleazy new debt collection practices, MSN Money, 8/7/06)

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Connected Loan Modification Services Press Releases

Multi-Party Suit Filed by Homeowners Against JP Morgan Chase et al

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Roseville, California (PRWEB) October 27, 2011

On Tuesday October 18, 2011, United Foreclosure Attorney Network (UFAN) filed suit in Superior Court in Martinez, CA (case number C-11-02390) on behalf of many home owners against JP Morgan Chase and other individuals alleged by Plaintiffs to be involved in a scheme to defraud and otherwise take advantage of investors and borrowers.

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The complaint information how the lending practices of JP Morgan Chase led straight to Plaintiffs becoming placed in harmful and predatory loans. Following a loosening of lending restrictions in the 1980s, banks like JP Morgan Chase started originating exotic non-prime mortgages with adjustable interest rates. These risky loans have been often securitized into mortgage backed securities and sold to investors. Since a bank could quickly recoup amounts spent issuing mortgages by the sale of these residential mortgage backed securities (RMBS), banks incentivized mortgage brokers to participate in the scheme with high fees for origination. According to the filing, these charge incentives encouraged full disregard for underwriting requirements which were employed to lure borrowers into extremely predatory loans they could not afford.

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The complaint alleges that Plaintiffs relied on statements produced by JP Morgan Chase personnel and mortgage brokers when they accepted negative loans. Plaintiffs were usually told that they would be in a position to afford high loan amounts and had been promised the capacity to refinance at a later date. It is alleged that in some situations, loan officers blatantly lied to Plaintiffs about the top quality of the loans they had been getting. The complaint alleges that Chase not only knew about these broker practices, but encouraged and incentivized them. A Chase internal memo states, If you do not get Stated/Stated, try resubmitting with slightly greater income. Inch it up $ 500 to see if you can get the findings you want. Do the identical for assets.

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Similarly, the complaint alleges that appraisers were encouraged to inflate home values in order to give borrowers greater loan amounts. The greater the loan amount, the more money JP Morgan Chase was capable to make on the sale of the loan. It is argued that the bank incentivized appraisers to falsify property valuations in order to safe a higher loan to sell to investors. The complaint alleges that Plaintiffs borrowed excessively in reliance on inflated appraisals and other statements.

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Plaintiffs also argue that simply because of the sale of their loans, they did not receive the advantage of the contract for which they bargained. Plaintiffs, believing they would be placed into a mortgage with a traditional Lender/Borrower relationship, later identified that they did not have a lender with whom they could deal. Servicers are not at liberty to make changes to contracts when circumstances are unforeseeably changed. In addition, loan servers have an incentive to foreclose whereas a lender has the incentive to modify a loan if it would be more lucrative in the extended run. Had several property owners had a lender with whom to deal, they could have restructured the mortgage for a more desirable result for each parties. The complaint information how numerous Plaintiffs diligently sought modification of their loans but have been denied merely because the servicer had no authority to grant a modification.

Multi-celebration Suit Filed by Borrowers Against Aurora Bank et al

Posted on by


Roseville, California (PRWEB) November 11, 2011

On Tuesday October 25, 2011, United Foreclosure Lawyer Network (UFAN) filed suit in Superior Court in Sacramento (case # 34-2011-00112919) on behalf of borrowers allegedly injured by the lending practices of Aurora Bank and other people believed to have misled borrowers.

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The complaint alleges that Aurora was one particular of the significant players in a scheme to make quickly, easy income at the expense of proper mortgage underwriting procedures. By packing subprime loans into mortgage backed securities that were sold to investors, a bank could recoup the funds lent quickly. The suit argues that this procedure encouraged lenders and mortgage brokers to aggressively push higher-expense subprime loans on any individual they could convince to sign on the dotted line.

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According to court documents, plaintiffs argue that due to the fact of the sale of their loans, they did not obtain the benefit of the contract for which they bargained. Plaintiffs, believing they would be placed into a standard Lender/Borrower connection, later identified that they did not have a lender with whom they could deal. Servicers are restricted in producing alterations to contracts when situations are unforeseeably changed. Furthermore, loan servicers have an incentive to foreclose whereas a lender has the incentive to modify a loan if it would be much more profitable in the extended run. If numerous of the home owners had been still in the traditional lender/borrower relationship, they could have restructured the mortgage for a far more desirable result for both parties. In the present circumstance, the only entity profiting is the loan servicer. The complaint specifics how many Plaintiffs diligently sought modification of their loans but had been denied either because the servicer had no authority to grant a modification or since the servicer chose not to grant a modification.