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Category Archives: 3. Debt Collection Defense
New York City Council, US Supreme Court May Determine the Legality of MERS
If the Supreme Court decides not to hear the Gomes v. Countrywide case, Mr. Gomes will lose his home to a foreclosing bank that has not proved it owns Mr. Gomes’ mortgage and promissory note. To make matters worse, Mr. Gomes may be sued again for the same debt if the real owner of his mortgage shows up later and demands the money owed.
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Brooklyn’s Own Supreme Court Justice Arthur Schack Breaks New Ground (Again)
Justice Schack is known for his continuing investigation of foreclosure fraud and "robo-signers." He routinely dismisses improperly brought foreclosure cases "with prejudice," meaning the cases cannot be re-started.
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Why the Federal Government Refuses to Prosecute Top Bank Executives
The federal government’s policy of not prosecuting the millionaire and billionaire executives of the major banks leaves the executives feeling “prison proof” and free to commit more crimes to become wealthier.
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Revolution Comes from the Bottom Up – Never from the Top Down
Don’t settle for a loan modification just because a bank gives it to you without asking first. A generous bank is an oxymoron. You may already own your home free and clear of any mortgage. You may owe the bank nothing.
In fact, another bank may own your mortgage and promissory note. That bank may sue you later even if you make all “modified” payments to the first bank.
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“Reckless Endangerment: How Outsized Ambition, Greed, and Corruption Led to Economic Armageddon,” a video interview by Democracy Now!
“I think that there is a genuine sense out there that there are two sets of rules, one for big and powerful institutions that are deemed to be too politically interconnected or powerful to fail, and the rest of us, Main Street,” says our guest Gretchen Morgenson, the Pulitzer Prize-winning business reporter who has written extensively on how the U.S. government has failed to prosecute any of the top figures who played a role in the economic crash.
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Thank you, Mr. Schneiderman
Private attorneys do not have your criminal investigative powers and cannot discover, or at least prove, all of the frauds perpetrated against our clients.
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What is Foreclosure Fraud and How Does It Affect Home Owners and Buyers?
Mortgage foreclosure fraud causes two terrible things to happen: (1) a home owner may be foreclosed upon by a bank that doesn’t own the mortgage and promissory note; not only is the person’s home stolen, but the real owner of the promissory note can sue the former home owner later for the full amount owed on the mortgage; (2) banks selling foreclosed homes may not actually own them because the foreclosure was fraudulent; this means that 20 years down the road when the person wants to sell the home, they may find out that they never owned it, or worse yet, the real owner could show up after the sale and sue to get their property back.
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How and Why Debt Inversion Works
The debt collection business relies on people not fighting back. If everyone put debt collectors to their proof as we do, they would all be forced out of business.
Collection Law Firm Mel S. Harris & Associates Sued for Racketeering in Federal Class Action for Using Robo-Signers and “Sewer Service”
“To get judgments against the borrowers, the judge said, a single Mel Harris employee named Todd Fabacher signed 40,000 affidavits attesting to the accuracy of debt claims. Assuming 260 business days a year, Fabacher had to have personally (and purportedly knowledgeably) issued an average of twenty affidavits of merit per hour, i.e., one every three […]
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Complete 185-Page Deposition of Internationally Infamous Robo-Signer Beth Cottrell
Any MERS member bank is allowed to appoint any employee it wishes, regardless of inexperience or incompetence, to sign documents prepared by the bank, not as a bank employee but as a "Vice President" of MERS. During her deposition MERS "Vice President" Beth Cottrell admitted to executing 18 thousand documents per month without any personal knowledge of the contents of what she was signing.
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Bank Executives Flock to Washington to Force Lawmakers to “Legalize” MERS
Please write or email your Senator and Representative, as well as President Obama, and tell them that if they vote to "legalize" MERS, you will vote for their opponents in the next election.
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New York Debt Collection Defense and Counterclaims
In New York, a debt collection action is neither simple nor cut-and-dried. If the collection action is properly contested, it is frequently possible to win the case and owe no money. It is sometimes possible to force the collector to pay money to you.
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Free Document* – Answer with Counterclaims in a Credit Card Collection Case
Sewer service means the defendant is never actually served with the Summons and Complaint and a false Affidavit of Service is filed in court to obtain a default judgment against the defendant. Victims of sewer service usually don’t find out about the lawsuit against them until their bank accounts are frozen or their employers inform them that their wages are being garnished.
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Recover monetary damages from debt collectors and debt collection attorneys who commit crimes while attempting to collect a debt in New York State.
Violation of any federal, New York State or local criminal law is also a violation of the federal Fair Debt Collection Practices Act, for which you may recover up to $1,000 or your actual damages, plus attorneys fees and court costs.
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Debt Collection Defense in New York State
In New York, a debt collection action is neither simple nor cut-and-dried. If the collection action is properly contested, it is frequently possible to win the case and owe no money. It is sometimes possible to force the collector to pay money to you.
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The LeNoir Law Firm takes legal action against out-of-state debt collection attorneys who are not licensed to practice law in New York, for placing illegal garnishments on the wages of New Yorkers.
"...these out-of-state law firms and attorneys are committing crimes in New York by practicing law in New York without a license. Committing a crime in the course of an attempt to collect a debt is a violation of the federal Fair Debt Collection Practices Act, for which we sue for monetary damages, attorneys' fees and litigation expenses."
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“Pay Garnishments Rise as Debtors Fall Behind” – New York Times
http://www.nytimes.com/2010/04/02/business/economy/02garnish.html?pagewanted=1&hp Good article about a disastrous situation for working poor people who are alleged to owe a debt. Here’s an excerpt: For the working poor, losing a lawsuit can mean disaster. Federal law permits creditors to seize as much as a quarter of a worker’s paycheck, though the cutoff is lower for the lowest-paid workers, and a […]
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The LeNoir Law Firm represents victims of sewer service fraud by process servers for debt collection attorneys.
"[A] 2008 report by MFY Legal Services, a nonprofit law firm in New York, found that defendants in consumer debt cases showed up in court less than 10 percent of the time, raising questions about whether they were ever properly served and about the prevalence of sewer service in the industry."
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Most New York Home Mortgages May be “Unforeclosable” under a 2011 Appellate Court Ruling