Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues. This blog will consist of information describing the various forms of Home Equity Theft and links to news reports & other informational sources from throughout the country about the victims of Home Equity Theft and what government authorities and others are doing about it.
Saturday, September 03, 2016
Lawyer Belted With Indefinite Suspension For Taking No Action On Three Clients' Cases & Being Largely Unresponsive To Their Inquiries After Pocketing Upfront Fees From Them, Then Failing To Refund Unearned Fees & Stiffing Bar Disciplinary Commission During Subsequent Investigation Into Client Complaints
The Indiana Lawyer reports:
Kenneth C. Kern, of Marion County, [Indiana] has been suspended for at least one year, without automatic reinstatement, beginning Sept. 22.(1) Kern took no action on three clients’ cases after accepting flat fees, was largely unresponsive to client inquiries, and failed to refund any unearned fees. Kern also failed to cooperate with the Disciplinary Commission on two of the matters. The costs of the proceedings are assessed against him. Justice David voted to disbar Kern.
Facts: In Count 1, “Client 1” hired Respondent to obtain a hardship driver’s license and settle an IRS tax lien. Client 1 paid Respondent a $1,900 flat fee. Over the next several months, Client 1 repeatedly and unsuccessfully tried to contact Respondent regarding the status of the case. Meanwhile, Respondent took no action toward resolution of Client 1’s legal issues.
Client 1 eventually fired Respondent. Respondent told Client 1 he would refund unearned fees, but he failed to do so.
In Counts 2 and 3, “Clients 2 and 3” hired Respondent to complete criminal record expungements and paid Respondent flat fees. Thereafter, Respondent was largely unresponsive to inquiries from Clients 2 and 3 regarding the status of their cases, took no action toward resolution of their legal issues, and failed to refund any portion of the unearned fees.
Respondent also failed to cooperate with the Commission’s investigation into both of these matters.
Respondent has prior discipline. Matter of Kern, 655 N.E.2d 339 (Ind. 1995); Matter of Kern, 555 N.E.2d 479 (Ind. 1990). Respondent also has been the subject of three recent show cause proceedings for failing to cooperate with disciplinary investigations
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Land Contract/Contract For Deed/Rent-To-Own Rackets
The New York Times: The Housing Trap (In the wake of the housing crisis, low-income families have turned to seller financing to buy homes but these deals can be a money trap)
Beware The Fine Print: Consumers Forced To Sign Away Their Rights To Use Court System
The NY Times: Arbitration Everywhere, Stacking the Deck of Justice(Part 1 in series examining how clauses buried in tens of millions of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court)
Foreclosure Mills' Abysmal Record In Complying With New NYS Foreclosure Requirements
Justice Deceived: How Large Foreclosure Firms Subvert State Regulations Protecting Homeowners
MFY Legal Services Report On Questionable Practices By Process Servers In Debt Collection Cases
Justice Disserved: A Preliminary Analysis of the Exceptionally
Low Appearance Rate by Defendants in Lawsuits Filed in the Civil Court of the City of New York
Mortgage Mess Redux: Robo-Signers Return (A Reuters investigation finds that many banks are still employing the controversial foreclosure practices that sparked a major outcry last year)
CNN Video: As Foreclosures Mount, Florida Court Turns To 'Rocket Docket'
The Wall Street Journal: A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases (2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge)
"Produce The Note" Strategy When Dealing With Missing Promissory Notes In Foreclosure Actions
ABC Video: Fighting Against Foreclosure (Some homeowners have found a new tactic to keep the banks at bay)
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