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.
Wednesday, May 17, 2017
Indiana Lawyer Hit With 30-Day Suspension For Affiliation With Florida-Based Loan Modification, Foreclosure Defense Racket
The Indiana Lawyer reports:
A northern Indiana attorney who was involved in a Florida-based legal scheme that purported to assist clients in foreclosure and bankruptcy matters has been suspended from the practice of law for 30 days, the second of five Indiana attorneys involved with the Florida group to be disciplined by the Indiana Supreme Court.
The Indiana Supreme Court Disciplinary Commission first filed a complaint against Huntington attorney Justin Wall in September 2015, alleging numerous violations stemming from his relationship with McCann Law Group, doing business as Consumer Attorney Services P.A., a Florida-based corporation that purported to offer bankruptcy, mortgage modification and foreclosure defense services.
CAS advertised in Florida and other areas, including Indiana, and created contractual arrangements in which most client work was handled by central staff in Florida, with local counsel services limited to the aspects of the case specifically requiring their work. Clients were charged an upfront nonrefundable fee of roughly $1,200, as well as ongoing monthly fees that ranged from $400 to $1,300.
Wall first signed agreements with CAS in 2012, first as an “associate” and later as a “partner,” agreeing to provide discrete services to CAS bankruptcy and foreclosure defense clients in Indiana. He received fixed sums for some services, $25 as a partner for every case assigned to other CAS-associated attorneys in Indiana and minimum wage for 10-20 hours per week as “partner pay.”
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Brenda McCann, the owner of McCann Law Group, has been effectively disbarred from the Florida Bar, and she was never licensed to practice law in Indiana, though the companies were registered as business entities.
CBC News: Betrayal of Trust (A CBC investigation reveals how lawyers across Canada have misappropriated and mishandled clients money, to the tune of tens of millions of dollars, or sometimes even charging vulnerable people top dollar for shoddy services)
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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