Category Archives: Debt Collection Fraud

Rampant

Most New York Home Mortgages May be “Unforeclosable” under a 2011 Appellate Court Ruling

A recent New York Appellate Court ruling may mean that the majority of home mortgages in New York State are "unforeclosable," and that homeowners may keep their homes without making mortgage payments.
Also posted in 1. Foreclosure Defense, 3. Debt Collection Defense, Attorney Blog, Foreclosure Fraud, MERS | Leave a comment

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.
Also posted in 1. Foreclosure Defense, Attorney Blog, Foreclosure Fraud, MERS | Leave a comment

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.
Also posted in 1. Foreclosure Defense, Attorney Blog, Foreclosure Fraud | Leave a comment

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.
Also posted in 1. Foreclosure Defense, Attorney Blog, Foreclosure Fraud | Leave a comment

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.
Also posted in 1. Foreclosure Defense, Attorney Blog, Foreclosure Fraud | Leave a comment

“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.
Also posted in 1. Foreclosure Defense, Attorney Blog, Foreclosure Fraud | Leave a comment

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.
Also posted in 1. Foreclosure Defense, Attorney Blog, Foreclosure Fraud | Leave a comment

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.
Also posted in 1. Foreclosure Defense, Attorney Blog, Foreclosure Fraud | Leave a comment

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.
Also posted in 1. Foreclosure Defense, 3. Debt Collection Defense, Attorney Blog, Debt Inversion, Foreclosure Fraud | Leave a comment

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 […]
Also posted in 3. Debt Collection Defense, Attorney Blog | Leave a comment

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.
Also posted in 1. Foreclosure Defense, Attorney Blog, Foreclosure Fraud, MERS | Leave a comment

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.
Also posted in 1. Foreclosure Defense, Attorney Blog, Foreclosure Fraud, MERS | Leave a comment

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.
Also posted in 3. Debt Collection Defense, Attorney Blog | Leave a comment

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.
Also posted in 3. Debt Collection Defense, Attorney Blog | Leave a comment

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.
Also posted in 3. Debt Collection Defense, Attorney Blog | Leave a comment

Follow us on Twitter @debtinversion

Also posted in 1. Foreclosure Defense, 2. Quiet Title Lawsuits, 3. Debt Collection Defense, Attorney Blog, Debt Inversion, Foreclosure Fraud, Frequently Asked Questions, MERS | Leave a comment

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."
Also posted in 3. Debt Collection Defense, Attorney Blog | Leave a comment

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."
Also posted in 3. Debt Collection Defense, Attorney Blog | Comments closed