Why Can’t My Clients from Brookstone Law Get a Fair Shake?


Dear Steve,

Would you like to help me get the word out about what happened in the Brookstone lawyers case that took out a few lawyers and left consumers without counsel and without their discovery given to Brookstone lawyers and taken by feds?

The bank hired an attorney to contact all the Plaintiffs (hundreds of them) and told them if they signed a document they wouldn’t have to pay fees – but if not and stayed in case they would be charged a lot of fees.

Turns out those Brookstone lawyers had it right about the fraud – identical stories from people who were promised decent loans and bait and switched to variable and arm loans that were meant to fail, at the expense of the consumer.

If you are interested I represent the majority of those left and many plaintiffs are in pro per or have quit.

They are all similar cases – however, the bank’s lawyers who have been milking this since 2011 – and still are – say they are all different and even though the appellate court said they qualify as mass torts – should be tried one at a time preferably for defendants it could take years.

They have already asked for individual trials on each plaintiff and individual depositions and individual pmks – alleging in one breath that it would be prejudicial to try the cases together even a few b/c they jury would hear similar tales over and over. But again they should be tried sep – b/c they are all too different.

This firm that represents the countrywide and bana – believe that b/c the lawyers were frauds the plaintiffs were frauds. Turns out they are all hardworking American citizens who were promised proper mortgages and deeds of trust; had or were told they had good credit and were promised specific loans; the appraisals were fraudulently increased by defendants; all defendants used bait and switch tactics to trap consumers in bad loans; including promises to refinance within a year; all were denied modifications in HAMP and any other alternatives for substantial time for arbitrary and capricious if not fraudulent reasons to deny them until they had become weak and easily taken down. Sorry – I need some help to tell the story – and it is a good one.

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Dear Dennise,

I’m sympathetic that consumers were left with mortgage issues. The entire mortgage meltdown was a debacle on so many levels and consumers were left in the middle of trying to get help under programs that should have assisted them.

I’m not sure which exact case involving Brookstone Law you are talking about. It was a total mess.

Brookstone was similar to other efforts that were built on marketing promises by non-attorneys with the effort to maximize sales, not solve valid legal issues.

Do You Have a Question You'd Like Help With? Contact Debt Coach Damon Day. Click here to reach Damon.

As Damian Kutzner, the alleged heartbeat of this mess said, “I’m tormented with shame and grief. I’m deeply remorseful for the crimes that I committed. Introspection leaves me no choice but to acknowledge that I’ve been a man of poor character, a man who failed to live up to his fullest potential. My actions have victimized others and I’m sorry. I’ll spend the rest of my life working to atone or to reconcile with society—to the best of my ability.” – Source

Damian goes on to describe the underlying issues that led him to the moment of his demise. And I hope he can earn a second chance.

Kutzner admitted, “Until I pleaded guilty to these charges, I lived a delusional life. I convinced myself that lawsuits against me meant that I was succeeding, as I was battling with corporations that were far more sophisticated than I could ever hope to become. In my mind, I was beating those big corporations.

My job was in finding customers. I convinced myself that by outworking others, I could outmaneuver my adversaries. And as long as I was taking drugs, I could outwork anyone. My life has been one long pattern of self-destruction. I didn’t realize how much trouble I was in until the prosecutors convinced me that I was guilty. Since pleading guilty, I’ve been forced to reflect on the troubles I’ve created.”

So that’s the foundation all of the consumers who needed help were sitting on. The outcome may not be right or just but given the history of how Brookstone came and went, the problems you describe today are not unexpected.

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I wish you nothing but luck in finding a way to help all of the consumers with valid mortgage issues but that might just mean starting over to rid this mess of the damage Brookstone brought to the party.

Damon Day - Pro Debt Coach

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Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
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