Please share your experience with this debt relief company and provide your review and feedback, in the comments section below.
The goal of this page is to allow people to share information that may be important to help others to make a more informed decision regarding their experience with this debt relief company. Here are some potential questions you might be able to provide feedback about.
- How did you feel about the customer service experience you received?
- Was the company easy to communicate with before or after you became a client?
- Did the company respond to your communications promptly?
- What were the fees charged for the services you received?
- Did the company give you the terms and conditions for the program you were interested in before you gave them any personal information?
- Was the program successful for you and accomplish the goals you had when you entered the program?
- Did you have a really good experience you can share?
- Did you have a bad experience you want to share?
- Is there any other information you’d like people to know that might be considering the services of this company?
It is important to understand when reading comments below that they are the opinions of the individual posters and may not be representative of the overall impression of all consumers that may have or have not used the debt relief services of this company. But everyone does deserve to have an opportunity to express their opinion, even the debt relief company itself, be it good, bad, or indifferent.
I’m curious if anyone has any experience with Brookstone Law as of late. I’m being offered a “too good to be true” deal where I would go against my mortgage lender, JP Morgan Chase Bank, and basically sue them for fraud etc when it came to my loan documents. The only issue is that they’re asking for an upfront dollar amount to “review” my documents, and then I would have to pay a monthly fee for one year (total comes to about $7500 for total retainer). They’re saying I can ask for about $650,000 in damages and lost fees but they would take 35% of that. They also haven’t allowed me to speak with any lawyers, just some mortgage “kid” who seems like a used car salesman and wears a bad suit.
Any info or experience here? I’m obviously hesitant to trust anyone these days and upfront fees always make me nervous.
Keep us posted on your experience. Nice to hear from the front lines. Thanks.
They have been working very well with me, Brookstone Law. Be patient because things are not resolved quickly. They are my heros, but be careful with those from Consumer Protection Legal Services AKA CPAC . They are thieves and they will steal your money over and over again.
They have been working very well with me, Brookstone Law. Be patient because things are not resolved quickly. They are my heros, but be careful with those from Consumer Protection Legal Services AKA CPAC . They are thieves and they will steal your money over and over again.
Keep us posted on your experience. Nice to hear from the front lines. Thanks.
What is your status now?
are you happy?
are you involved in the Wright V Bof A case?
Receive a Mailer for a Mass Joinder case against your lender, or been solicited in any way about Mass Joinder suit versus your lender?
Please Contact the California Bar Association
“We are interested in anyone who has been solicited to join the mass joinder cases. Even better, would be people who actually paid money to these organizations.” – California Bar Association
Attorney Complaint Hotline: 1-800-843-9053 or 1-213-765-1200 (outside California)
http://www.calbar.ca.gov/Conta…
https://getoutofdebt.org//26821/…
Scam Alert everybody – these guys are pitching everyone that they can eliminate your mortgage or reduce it to 80% of value – what a crock. Read what the California Department of Real Estate has to say about their wonderful lawsuit or go to this link: http://www.dre.ca.gov/pdf_docs…
California Department of Real Estate
** CONSUMER ALERT **
1
FRAUD WARNING REGARDING LAWSUIT MARKETERS REQUESTING UPFRONT
FEES FOR SO-CALLED “MASS JOINDER†OR CLASS LITIGATION PROMISING
EXTRAORDINARY HOME MORTGAGE RELIEF
By Wayne S. Bell
Chief Counsel, California Department of Real Estate
I. HOME MORTGAGE RELIEF THROUGH LITIGATION (and “Too Good to Be Trueâ€
Claims Regarding Its Use to Avoid and/or Stop Foreclosure, Obtain Loan Principal
Reduction, and to Let You Have Your Home “Free and Clear†of Any Mortgage).
This alert is written to warn consumers about marketing companies, unlicensed entities,
lawyers, and so-called attorney-backed, attorney-affiliated, and lawyer referral entities
that offer and sell false hope and request the payment of upfront fees for so-called “mass
joinder†or class litigation that will supposedly result in extraordinary home mortgage
relief.
The California Department of Real Estate (“DRE†or “Departmentâ€) previously issued a
consumer alert and fraud warning on loan modification and foreclosure rescue scams in
California. That alert was followed by warnings and alerts regarding forensic loan audit
fraud, scams in connection with short sale transactions, false and misleading
designations and claims of special expertise, certifications and credentials in connection
with home loan relief services, and other real estate and home loan relief scams.
The Department continues to administratively prosecute those who engage in such fraud
and to work in collaboration with the California State Bar, the Federal Trade
Commission, and federal, State and local criminal law enforcement authorities to bring
such frauds to justice.
On October 11, 2009, Senate Bill 94 was signed into law in California, and it became
effective that day. It prohibited any person, including real estate licensees and attorneys,
from charging, claiming, demanding, collecting or receiving an upfront fee from a
homeowner borrower in connection with a promise to modify the borrower’s residential
loan or some other form of mortgage loan forbearance.
Senate Bill 94’s prohibitions seem to have significantly impacted the rampant fraud that
was occurring and escalating with respect to the payment of upfront fees for loan
modification work.
Also, forensic loan auditors must now register with the California Department of Justice
and cannot accept payments in advance for their services under California law once a
Notice of Default has been recorded. There are certain exceptions for lawyers and real
estate brokers. 2
On January 31, 2011, an important and broad advance fee ban issued by the Federal
Trade Commission became effective and outlaws providers of mortgage assistance relief
services from requesting or collecting advance fees from a homeowner.
Discussions about Senate Bill 94, the Federal advance fee ban, and the Consumer
Alerts of the DRE, are available on the DRE’s website at http://www.dre.ca.gov.
Lawyer Exemption from the Federal Advance Fee Ban —
The advance fee ban issued by the Federal Trade Commission includes a narrow and
conditional carve out for attorneys.
If lawyers meet the following four conditions, they are generally exempt from the rule:
1. They are engaged in the practice of law, and mortgage assistance relief is part of
their practice.
2. They are licensed in the State where the consumer or the dwelling is located.
3. They are complying with State laws and regulations governing the “same type of
conduct the [FTC] rule requiresâ€.
4. They place any advance fees they collect in a client trust account and comply with
State laws and regulations covering such accounts. This requires that client funds
be kept separate from the lawyers’ personal and/or business funds until such time
as the funds have been earned.
It is important to note that the exemption for lawyers discussed above does not allow
lawyers to collect money upfront for loan modifications or loan forbearance services,
which advance fees are banned by the more restrictive California Senate Bill 94.
But those who continue to prey on and victimize vulnerable homeowners have not given
up. They just change their tactics and modify their sales pitches to keep taking
advantage of those who are desperate to save their homes. And some of the frauds
seeking to rip off desperate homeowners are trying to use the lawyer exemption above to collect
advance fees for mortgage assistance relief litigation.
This alert and warning is issued to call to your attention the often overblown and
exaggerated “sales pitch(es)†regarding the supposed value of questionable
“Mass Joinder†or Class Action Litigation.
Whether they call themselves Foreclosure Defense Experts, Mortgage Loan Litigators,
Living Free and Clear experts, or some other official, important or impressive sounding
title(s), individuals and companies are marketing their services in the State of California
and on the Internet. They are making a wide variety of claims and sales pitches,
and offering impressive sounding legal and litigation services, with quite
extraordinary remedies promised, with the goal of taking and getting some of your
money. 3
While there are lawyers and law firms which are legitimate and qualified to handle
complex class action or joinder litigation, you must be cautious and BEWARE. And
certainly check out the lawyers on the State Bar website and via other means, as
discussed below in Section III.
II. QUESTIONABLE AND/OR FALSE CLAIMS OF THE SO-CALLED MORTGAGE LOAN
DEFENSE OR “MASS JOINDER†AND CLASS LITIGATORS.
A. What are the Claims/Sales Pitches?
They are many and varied, and include:
1. You can join in a mass joinder or class action lawsuit already filed against your
lender and stay in your home. You can stop paying your lender.
2. The mortgage loans can be stripped entirely from your home.
3. Your payment obligation and foreclosure against your home can be stopped when
the lawsuit is filed.
4. The litigation will take the power away from your lender.
5. A jury will side with you and against your lender.
6. The lawsuit will give you the leverage you need to stay in your home.
7. The lawsuit may give you the right to rescind your home loan, or to reduce your
principal.
8. The lawsuit will help you modify your home loan. It will give you a step up in the
loan modification process.
9. The litigation will be performed through “powerful†litigation attorney
representation.
10. Litigation attorneys are “turning the tables on lenders and getting cash settlements
for homeownersâ€.
In one Internet advertisement, the marketing materials say, “the damages sought in your
behalf are nothing less than a full lien strip or in otherwords [sic] a free and clear house if
the bank can’t produce the documents they own the note on your home. Or at the very
least, damages could be awarded that would reduce the principal balance of the note on
your home to 80% of market value, and give you a 2% interest rate for the life of the
loanâ€.
B. Discussion.
Please don’t be fooled by slick come-ons by scammers who just want your money. Some
of the claims above might be true in a particular case, based on the facts and evidence
presented before a Court or a jury, or have a ring or hint of truth, but you must carefully
examine and analyze each and every one of them to determine if filing a lawsuit against
your lender or joining a class or mass joinder lawsuit will have any value for you and your
situation. Be particularly skeptical of all such claims, since agreeing to participate in 4
such litigation may require you to pay for legal or other services, often before any legal
work is performed (e.g., a significant upfront retainer fee is required).
The reality is that litigation is time-consuming (with formal discovery such as
depositions, interrogatories, requests for documents, requests for admissions,
motions, and the like), expensive, and usually vigorously defended. There can be
no guarantees or assurances with respect to the outcome of a lawsuit.
Even if a lender or loan owner defendant were to lose at trial, it can appeal, and the
entire process can take years. Also, there is no statistical or other competent data
that supports the claims that a mass joinder and class action lawsuit, even if
performed by a licensed, legitimate and trained lawyer(s), will provide the
remedies that the marketers promise.
There are two other important points to be made here:
First, even assuming that the lawyers can identify fraud or other legal violations
performed by your lender in the loan origination process, your loan may be owned by an
investor – that is, someone other than your lender. The investor will most assuredly
argue that your claims against your originating lender do not apply against the investor
(the purchaser of your loan). And even if your lender still owns the loan, they are not
legally required, absent a court judgment or order, to modify your loan or to halt the
foreclosure process if you are behind in your payments. If they happen to lose the
lawsuit, they can appeal, as noted above. Also, the violations discovered may be minor
or inconsequential, which will not provide for any helpful remedies.
Second, and very importantly, loan modifications and other types of foreclosure relief are
simply not possible for every homeowner, and the “success rate†is currently very low in
California. This is where the lawsuit marketing scammers come in and try to convince
you that they offer you “a leg upâ€. They falsely claim or suggest that they can guarantee
to stop a foreclosure in its tracks, leave you with a home “free and clear†of any
mortgage loan(s), make lofty sounding but hollow promises, exaggerate or make bold
statements regarding their litigation successes, charge you for a retainer, and leave you
with less money.
III. THE KEY HERE IS FOR YOU TO BE ON GUARD AND CHECK THE LAWYERS OUT
(Know Who You Are or May Be Dealing With) – Do Your Own Homework (Avoid
The Traps Set by the Litigation Marketing Frauds).
Before entering into an attorney-client relationship, or paying for “legal†or litigation
services, ascertain the name of the lawyer or lawyers who will be providing the services.
Then check them out on the State Bar’s website, at http://www.calbar.ca.gov. Make certain
that they are licensed by the State Bar of California. If they are licensed, see if they have
been disciplined. 5
Check them out through the Better Business Bureau to see if the Bureau has received
any complaints about the lawyer, law firm or marketing firm offering the services (and
remember that only lawyers can provide legal services). And please understand that this
is just another resource for you to check, as the litigation services provider might be so
new that the Better Business Bureau may have little or nothing on them (or something
positive because of insufficient public input).
Check them out through a Google or related search on the Internet. You may be
amazed at what you can and will find out doing such a search. Often consumers
who have been scammed will post their experiences, insights, and warnings long
before any criminal, civil or administrative action has been brought against the
scammers.
Also, ask them lots of specific, detailed questions about their litigation experience, clients
and successful results. For example, you should ask them how many mortgage-related
joinder or class lawsuits they have filed and handled through settlement or trial. Ask
them for pleadings they have filed and news stories about their so-called successes. Ask
them for a list of current and past “satisfied†clients. If they provide you with a list, call
those people and ask those former clients if they would use the lawyer or law firm again.
Ask the lawyers if they are class action or joinder litigation specialists and ask them what
specialist qualifications they have. Then ask what they will actually do for you (what
specific services they will be providing and for what fees and costs). Get that in writing,
and take the time to fully understand what the attorney-client contract says and what the
end result will be before proceeding with the services. Remember to always ask for and
demand copies of all documents that you sign.
IV. CONCLUSION.
Mortgage rescue frauds are extremely good at selling false hope to consumers in trouble
with regard to home loans. The scammers continue to adapt and to modify their
schemes as soon as their last ones became ineffective. Promises of successes through
mass joinder or class litigation are now being marketed.
Please be careful, do your own diligence to protect yourself, and be highly suspect if
anyone asks you for money up front before doing any service on your behalf. Most
importantly, DON’T LET FRAUDS TAKE YOUR HARD EARNED MONEY.
Hey Jaclin this isn’t a tough one. Let’s face it there are MUCH better decisions the average person would make. But let’s be perfectly fair your mentality if you’re struggling with this one is well below the average individual. So let’s recap, Vito, Damian and MANY of their Brookstone Law – ULG employees have MUCH to do with the actions of and against ULG. In a press announcement Vito was announced announced as an attorney representing United Law Group Clients. Ring a bell? Are you out of your mind! Buying into this bunch would be like buying into a lemon, with a well place time bomb that was impossible to detonate. But, since you are such a self proclaimed Blockhead I will keep going so even you might have the ability to understand this VERY simple situation.
Vito Torchia, Jr. and Damian Kutzner ripped off thousand of homeowners through United Law Group. In their very short time at ULG they managed to log over 300 complaints with the BBB http://www.la.bbb.org/Business… and get themselves shut down by the FBI http://thepatriotswar.com/inde… . As the bankruptcy trustee involved with United Law Group bankruptcy noted: this was when they decided to open Brookstone Law.
“The Trustee is informed, believes and therefore alleges that Brookstone is a corporation which was merely created by the United Law Group’s insider and COO, Damian Kutzner. The evidence indicates Brookstone was created for, among other things, to take control of the United Law Group’s debt settlement business along with the Deposit Fund Account and the United Law Group’s Revenue Stream in furtherance of a scheme to hinder, delay and defraud the United Law Group’’s creditors.”
Make no mistake about it Brookstone Law is United Law Group by another name. When the FBI shuts down Brookstone Law, just like the people from United Law Group you (MEANING REAL PEOPLE THAT MIGHT ACTUALLY BE ENTERTAINING THE THOUGHT OF WORKING WITH BROOKSTONE LAW – ULG will not get your money back. Damian Kutzner will just roll it over into his next scam and just like Sean Rutledge Vito Torchia, Jr. will be left without a license, but such as life. THE ONLY THING IS THAT YOU CAN MAKE A DECISION TO PROTECT YOURSELF. DO NOT GET INVOLVED WITH THESE PEOPLE. THEY WILL STEAL YOUR MONEY!
Let’s face it, Damian Kutzner knows that this “Brookstone Law” place is just like EVERY other “endeavor”/scam that he (Damian Kutzner) has ever controlled. This means that he already knows that this thing called Brookstone Law/ULG gets shut down. So knowing this just like with United Law Group the money is already out the door and nesting in another company that he and another puppet attorney will roll into next. Minus, of course, Vito and his Bar License. Damian cannot by law own or operate pretty much any firm that uses telephones to solicit clients that is why they keep his name off of everything, but everyone inside Brookstone knows that he is the one running the show in this new scam operation. Long – short: the only way to get your money out of Brookstone Law or any company under Damian Kutzner’s control is- NOT TO PUT IT IN! Vito and Damian have serious drug addictions. They walk around Brrokstone Law and before that ULG with cocaine spewing out their noses, but someone how blockhead thinks that maybe this is an organization he wants to work with. GET REAL JACLIN – every knows where you’re trying to go with this. Take a nap and stop doing so many drugs. Then maybe you would know how ridiculous what you are saying is. Lay off the crack pipe Jaclin!
Is Brookstone affiliated with Kramer and Kaslow or Mitchell J. Stein? I’m trying to get some clarity
Is Brookstone affiliated with Kramer and Kaslow or Mitchell J. Stein? I’m trying to get some clarity
Steve – you are completely correct. The even funnier thing is that it contradicts what “Brookstone Law posted.” But, whatever. Of MUCH more interest is this link to your site:
https://getoutofdebt.org//24788/…
I watched the clip. Did I miss something? What does that have to do with Brookstone Law?
BROOKSTONE LAW
http://www.msnbc.msn.com/id/31…
“PLEASE WATCH THIS VIDEO FIRST.”
I HAD TO SPEAK OUT BECAUSE THERE IS HELP !!
A NATIONWIDE MASS JOINDER, HEADED BY MITCHELL J STEIN ASSOCIATES, WITH BROOKSTONE LAW IN NEWPORT BEACH IS BANK OF AMERICA’S WORST NIGHTMARE. THIS IS NOT A CLASS ACTION, IT IS A MASS JOINDER,,,BIG DIFFERENCE. DO NOT WAIT FOR ATTORNEY GENERALS (FEDS) TO SLAP BANKS ON THE WRIST. MJS AND BROOKSTONE ARE SUING FOR DAMAGES AND MORE AS A RESULT OF THE VERY REAL HARM CAUSED. THESE GUYS ARE FOR REAL. I DID NOT KNOW WHO TO TRUST. BANKS ARE LYING, LOSING LOAN APPLICATIONS, LOSING DOCS , DENYING LOAN MODS ,THROWING UP ROAD BLOCKS AND HOMEOWNERS ARE LOSING THEIR HOMES AND THEIR MINDS ! AS LEAD ATTORNEY, MJS HAS CHOSEN THE MOST QUALIFIED FIRMS IN STATES ACROSS THE NATION TO REPRESENT HOMEOWNERS WHO HAVE BEEN DAMAGED BY BOFA’S UNBELIEVABLE FRAUD SCHEME. DO YOUR RESEARCH ON THESE ATTORNEY’S . THIS IS ONE BIG CHANCE TO GO UP AGAINST THE BANKS. WATCH THE VIDEO AND KNOW THIS, YOU MAY STILL HAVE A WAY TO STAND UP AGAINST “THE BEAST”…AND KEEP YOUR HOME. I AM A CLIENT OF BROOKSTONE LAW AND A PLAINTIFF ON THE WRIGHT V. BOFA MASS JOINDER CASE AS OF 2/9/11.”
BROOKSTONE LAW
http://www.msnbc.msn.com/id/31510813/ns/msnbc_tv-the_dylan_ratigan_show#41975780
“PLEASE WATCH THIS VIDEO FIRST.”
I HAD TO SPEAK OUT BECAUSE THERE IS HELP !!
A NATIONWIDE MASS JOINDER, HEADED BY MITCHELL J STEIN ASSOCIATES, WITH BROOKSTONE LAW IN NEWPORT BEACH IS BANK OF AMERICA’S WORST NIGHTMARE. THIS IS NOT A CLASS ACTION, IT IS A MASS JOINDER,,,BIG DIFFERENCE. DO NOT WAIT FOR ATTORNEY GENERALS (FEDS) TO SLAP BANKS ON THE WRIST. MJS AND BROOKSTONE ARE SUING FOR DAMAGES AND MORE AS A RESULT OF THE VERY REAL HARM CAUSED. THESE GUYS ARE FOR REAL. I DID NOT KNOW WHO TO TRUST. BANKS ARE LYING, LOSING LOAN APPLICATIONS, LOSING DOCS , DENYING LOAN MODS ,THROWING UP ROAD BLOCKS AND HOMEOWNERS ARE LOSING THEIR HOMES AND THEIR MINDS ! AS LEAD ATTORNEY, MJS HAS CHOSEN THE MOST QUALIFIED FIRMS IN STATES ACROSS THE NATION TO REPRESENT HOMEOWNERS WHO HAVE BEEN DAMAGED BY BOFA’S UNBELIEVABLE FRAUD SCHEME. DO YOUR RESEARCH ON THESE ATTORNEY’S . THIS IS ONE BIG CHANCE TO GO UP AGAINST THE BANKS. WATCH THE VIDEO AND KNOW THIS, YOU MAY STILL HAVE A WAY TO STAND UP AGAINST “THE BEAST”…AND KEEP YOUR HOME. I AM A CLIENT OF BROOKSTONE LAW AND A PLAINTIFF ON THE WRIGHT V. BOFA MASS JOINDER CASE AS OF 2/9/11.”
I watched the clip. Did I miss something? What does that have to do with Brookstone Law?
Steve – you are completely correct. The even funnier thing is that it contradicts what “Brookstone Law posted.” But, whatever. Of MUCH more interest is this link to your site:
https://getoutofdebt.org/24788/brookstone-law-and-damian-kutzner-an-interesting-combination
Hey Jaclin this isn’t a tough one. Let’s face it there are MUCH better decisions the average person would make. But let’s be perfectly fair your mentality if you’re struggling with this one is well below the average individual. So let’s recap, Vito, Damian and MANY of their Brookstone Law – ULG employees have MUCH to do with the actions of and against ULG. In a press announcement Vito was announced announced as an attorney representing United Law Group Clients. Ring a bell? Are you out of your mind! Buying into this bunch would be like buying into a lemon, with a well place time bomb that was impossible to detonate. But, since you are such a self proclaimed Blockhead I will keep going so even you might have the ability to understand this VERY simple situation.
Vito Torchia, Jr. and Damian Kutzner ripped off thousand of homeowners through United Law Group. In their very short time at ULG they managed to log over 300 complaints with the BBB http://www.la.bbb.org/Business… and get themselves shut down by the FBI http://thepatriotswar.com/inde… . As the bankruptcy trustee involved with United Law Group bankruptcy noted: this was when they decided to open Brookstone Law.
“The Trustee is informed, believes and therefore alleges that Brookstone is a corporation which was merely created by the United Law Group’s insider and COO, Damian Kutzner. The evidence indicates Brookstone was created for, among other things, to take control of the United Law Group’s debt settlement business along with the Deposit Fund Account and the United Law Group’s Revenue Stream in furtherance of a scheme to hinder, delay and defraud the United Law Group’’s creditors.”
Make no mistake about it Brookstone Law is United Law Group by another name. When the FBI shuts down Brookstone Law, just like the people from United Law Group you (MEANING REAL PEOPLE THAT MIGHT ACTUALLY BE ENTERTAINING THE THOUGHT OF WORKING WITH BROOKSTONE LAW – ULG will not get your money back. Damian Kutzner will just roll it over into his next scam and just like Sean Rutledge Vito Torchia, Jr. will be left without a license, but such as life. THE ONLY THING IS THAT YOU CAN MAKE A DECISION TO PROTECT YOURSELF. DO NOT GET INVOLVED WITH THESE PEOPLE. THEY WILL STEAL YOUR MONEY!
Let’s face it, Damian Kutzner knows that this “Brookstone Law” place is just like EVERY other “endeavor”/scam that he (Damian Kutzner) has ever controlled. This means that he already knows that this thing called Brookstone Law/ULG gets shut down. So knowing this just like with United Law Group the money is already out the door and nesting in another company that he and another puppet attorney will roll into next. Minus, of course, Vito and his Bar License. Damian cannot by law own or operate pretty much any firm that uses telephones to solicit clients that is why they keep his name off of everything, but everyone inside Brookstone knows that he is the one running the show in this new scam operation. Long – short: the only way to get your money out of Brookstone Law or any company under Damian Kutzner’s control is- NOT TO PUT IT IN! Vito and Damian have serious drug addictions. They walk around Brrokstone Law and before that ULG with cocaine spewing out their noses, but someone how blockhead thinks that maybe this is an organization he wants to work with. GET REAL JACLIN – every knows where you’re trying to go with this. Take a nap and stop doing so many drugs. Then maybe you would know how ridiculous what you are saying is. Lay off the crack pipe Jaclin!
Scam Alert everybody – these guys are pitching everyone that they can eliminate your mortgage or reduce it to 80% of value – what a crock. Read what the California Department of Real Estate has to say about their wonderful lawsuit or go to this link: http://www.dre.ca.gov/pdf_docs/ca/ConsumeAlert_WarningreMassLitigation.pdf
California Department of Real Estate
** CONSUMER ALERT **
1
FRAUD WARNING REGARDING LAWSUIT MARKETERS REQUESTING UPFRONT
FEES FOR SO-CALLED “MASS JOINDER” OR CLASS LITIGATION PROMISING
EXTRAORDINARY HOME MORTGAGE RELIEF
By Wayne S. Bell
Chief Counsel, California Department of Real Estate
I. HOME MORTGAGE RELIEF THROUGH LITIGATION (and “Too Good to Be True”
Claims Regarding Its Use to Avoid and/or Stop Foreclosure, Obtain Loan Principal
Reduction, and to Let You Have Your Home “Free and Clear” of Any Mortgage).
This alert is written to warn consumers about marketing companies, unlicensed entities,
lawyers, and so-called attorney-backed, attorney-affiliated, and lawyer referral entities
that offer and sell false hope and request the payment of upfront fees for so-called “mass
joinder” or class litigation that will supposedly result in extraordinary home mortgage
relief.
The California Department of Real Estate (“DRE” or “Department”) previously issued a
consumer alert and fraud warning on loan modification and foreclosure rescue scams in
California. That alert was followed by warnings and alerts regarding forensic loan audit
fraud, scams in connection with short sale transactions, false and misleading
designations and claims of special expertise, certifications and credentials in connection
with home loan relief services, and other real estate and home loan relief scams.
The Department continues to administratively prosecute those who engage in such fraud
and to work in collaboration with the California State Bar, the Federal Trade
Commission, and federal, State and local criminal law enforcement authorities to bring
such frauds to justice.
On October 11, 2009, Senate Bill 94 was signed into law in California, and it became
effective that day. It prohibited any person, including real estate licensees and attorneys,
from charging, claiming, demanding, collecting or receiving an upfront fee from a
homeowner borrower in connection with a promise to modify the borrower’s residential
loan or some other form of mortgage loan forbearance.
Senate Bill 94’s prohibitions seem to have significantly impacted the rampant fraud that
was occurring and escalating with respect to the payment of upfront fees for loan
modification work.
Also, forensic loan auditors must now register with the California Department of Justice
and cannot accept payments in advance for their services under California law once a
Notice of Default has been recorded. There are certain exceptions for lawyers and real
estate brokers. 2
On January 31, 2011, an important and broad advance fee ban issued by the Federal
Trade Commission became effective and outlaws providers of mortgage assistance relief
services from requesting or collecting advance fees from a homeowner.
Discussions about Senate Bill 94, the Federal advance fee ban, and the Consumer
Alerts of the DRE, are available on the DRE’s website at http://www.dre.ca.gov.
Lawyer Exemption from the Federal Advance Fee Ban —
The advance fee ban issued by the Federal Trade Commission includes a narrow and
conditional carve out for attorneys.
If lawyers meet the following four conditions, they are generally exempt from the rule:
1. They are engaged in the practice of law, and mortgage assistance relief is part of
their practice.
2. They are licensed in the State where the consumer or the dwelling is located.
3. They are complying with State laws and regulations governing the “same type of
conduct the [FTC] rule requires”.
4. They place any advance fees they collect in a client trust account and comply with
State laws and regulations covering such accounts. This requires that client funds
be kept separate from the lawyers’ personal and/or business funds until such time
as the funds have been earned.
It is important to note that the exemption for lawyers discussed above does not allow
lawyers to collect money upfront for loan modifications or loan forbearance services,
which advance fees are banned by the more restrictive California Senate Bill 94.
But those who continue to prey on and victimize vulnerable homeowners have not given
up. They just change their tactics and modify their sales pitches to keep taking
advantage of those who are desperate to save their homes. And some of the frauds
seeking to rip off desperate homeowners are trying to use the lawyer exemption above to collect
advance fees for mortgage assistance relief litigation.
This alert and warning is issued to call to your attention the often overblown and
exaggerated “sales pitch(es)” regarding the supposed value of questionable
“Mass Joinder” or Class Action Litigation.
Whether they call themselves Foreclosure Defense Experts, Mortgage Loan Litigators,
Living Free and Clear experts, or some other official, important or impressive sounding
title(s), individuals and companies are marketing their services in the State of California
and on the Internet. They are making a wide variety of claims and sales pitches,
and offering impressive sounding legal and litigation services, with quite
extraordinary remedies promised, with the goal of taking and getting some of your
money. 3
While there are lawyers and law firms which are legitimate and qualified to handle
complex class action or joinder litigation, you must be cautious and BEWARE. And
certainly check out the lawyers on the State Bar website and via other means, as
discussed below in Section III.
II. QUESTIONABLE AND/OR FALSE CLAIMS OF THE SO-CALLED MORTGAGE LOAN
DEFENSE OR “MASS JOINDER” AND CLASS LITIGATORS.
A. What are the Claims/Sales Pitches?
They are many and varied, and include:
1. You can join in a mass joinder or class action lawsuit already filed against your
lender and stay in your home. You can stop paying your lender.
2. The mortgage loans can be stripped entirely from your home.
3. Your payment obligation and foreclosure against your home can be stopped when
the lawsuit is filed.
4. The litigation will take the power away from your lender.
5. A jury will side with you and against your lender.
6. The lawsuit will give you the leverage you need to stay in your home.
7. The lawsuit may give you the right to rescind your home loan, or to reduce your
principal.
8. The lawsuit will help you modify your home loan. It will give you a step up in the
loan modification process.
9. The litigation will be performed through “powerful” litigation attorney
representation.
10. Litigation attorneys are “turning the tables on lenders and getting cash settlements
for homeowners”.
In one Internet advertisement, the marketing materials say, “the damages sought in your
behalf are nothing less than a full lien strip or in otherwords [sic] a free and clear house if
the bank can’t produce the documents they own the note on your home. Or at the very
least, damages could be awarded that would reduce the principal balance of the note on
your home to 80% of market value, and give you a 2% interest rate for the life of the
loan”.
B. Discussion.
Please don’t be fooled by slick come-ons by scammers who just want your money. Some
of the claims above might be true in a particular case, based on the facts and evidence
presented before a Court or a jury, or have a ring or hint of truth, but you must carefully
examine and analyze each and every one of them to determine if filing a lawsuit against
your lender or joining a class or mass joinder lawsuit will have any value for you and your
situation. Be particularly skeptical of all such claims, since agreeing to participate in 4
such litigation may require you to pay for legal or other services, often before any legal
work is performed (e.g., a significant upfront retainer fee is required).
The reality is that litigation is time-consuming (with formal discovery such as
depositions, interrogatories, requests for documents, requests for admissions,
motions, and the like), expensive, and usually vigorously defended. There can be
no guarantees or assurances with respect to the outcome of a lawsuit.
Even if a lender or loan owner defendant were to lose at trial, it can appeal, and the
entire process can take years. Also, there is no statistical or other competent data
that supports the claims that a mass joinder and class action lawsuit, even if
performed by a licensed, legitimate and trained lawyer(s), will provide the
remedies that the marketers promise.
There are two other important points to be made here:
First, even assuming that the lawyers can identify fraud or other legal violations
performed by your lender in the loan origination process, your loan may be owned by an
investor – that is, someone other than your lender. The investor will most assuredly
argue that your claims against your originating lender do not apply against the investor
(the purchaser of your loan). And even if your lender still owns the loan, they are not
legally required, absent a court judgment or order, to modify your loan or to halt the
foreclosure process if you are behind in your payments. If they happen to lose the
lawsuit, they can appeal, as noted above. Also, the violations discovered may be minor
or inconsequential, which will not provide for any helpful remedies.
Second, and very importantly, loan modifications and other types of foreclosure relief are
simply not possible for every homeowner, and the “success rate” is currently very low in
California. This is where the lawsuit marketing scammers come in and try to convince
you that they offer you “a leg up”. They falsely claim or suggest that they can guarantee
to stop a foreclosure in its tracks, leave you with a home “free and clear” of any
mortgage loan(s), make lofty sounding but hollow promises, exaggerate or make bold
statements regarding their litigation successes, charge you for a retainer, and leave you
with less money.
III. THE KEY HERE IS FOR YOU TO BE ON GUARD AND CHECK THE LAWYERS OUT
(Know Who You Are or May Be Dealing With) – Do Your Own Homework (Avoid
The Traps Set by the Litigation Marketing Frauds).
Before entering into an attorney-client relationship, or paying for “legal” or litigation
services, ascertain the name of the lawyer or lawyers who will be providing the services.
Then check them out on the State Bar’s website, at http://www.calbar.ca.gov. Make certain
that they are licensed by the State Bar of California. If they are licensed, see if they have
been disciplined. 5
Check them out through the Better Business Bureau to see if the Bureau has received
any complaints about the lawyer, law firm or marketing firm offering the services (and
remember that only lawyers can provide legal services). And please understand that this
is just another resource for you to check, as the litigation services provider might be so
new that the Better Business Bureau may have little or nothing on them (or something
positive because of insufficient public input).
Check them out through a Google or related search on the Internet. You may be
amazed at what you can and will find out doing such a search. Often consumers
who have been scammed will post their experiences, insights, and warnings long
before any criminal, civil or administrative action has been brought against the
scammers.
Also, ask them lots of specific, detailed questions about their litigation experience, clients
and successful results. For example, you should ask them how many mortgage-related
joinder or class lawsuits they have filed and handled through settlement or trial. Ask
them for pleadings they have filed and news stories about their so-called successes. Ask
them for a list of current and past “satisfied” clients. If they provide you with a list, call
those people and ask those former clients if they would use the lawyer or law firm again.
Ask the lawyers if they are class action or joinder litigation specialists and ask them what
specialist qualifications they have. Then ask what they will actually do for you (what
specific services they will be providing and for what fees and costs). Get that in writing,
and take the time to fully understand what the attorney-client contract says and what the
end result will be before proceeding with the services. Remember to always ask for and
demand copies of all documents that you sign.
IV. CONCLUSION.
Mortgage rescue frauds are extremely good at selling false hope to consumers in trouble
with regard to home loans. The scammers continue to adapt and to modify their
schemes as soon as their last ones became ineffective. Promises of successes through
mass joinder or class litigation are now being marketed.
Please be careful, do your own diligence to protect yourself, and be highly suspect if
anyone asks you for money up front before doing any service on your behalf. Most
importantly, DON’T LET FRAUDS TAKE YOUR HARD EARNED MONEY.
Although MANY from “United Law Group” did go straight to “Brookstone Law” in the furtherance of United Law Group through Brookstone Law some of their employees including, but certainly not limited to, “The Three Theft Amigos” which include: Jared Bocachica, Torin Beeler and Jaime Esparza – went to AmeriPride Tax Theft Group.
https://getoutofdebt.org//25111/…
Its all the same thing. Damian Kutzner started United Law Group about two years ago with his puppet attorney Sean Rutledge. Damian Kutzner has a 6 million dollar judgment against him from the FTC (http://www.ftc.gov/opa/2009/07… so his name legally can not be on any business. After United Law Group was raided by the FBI for not servicing clients Damian filed for Bankruptcy and evacuated the building. He was then caught stealing from the building he was forced to leave. Damian is now running another puppet attorney who used to work for United Law Group Vito Torchia Jr! You would think Vito would be smarter than this, he saw what happened to Sean Rutledge, Robert Buscho and Christian M Dillon. But as it has happened for thousands of years history does repeat itself.
Brookstone Law (http://www.brookstone-law.com) which is really United Law Group, with all the same people is located at 4000 MacArthur Blvd., Suite 1110 Newport Beach, CA 92660. If you have been scammed by United Law Group! Your money, file and master-thief behind the scamming is located at this address. Go inside and ask for DAMIAN KUTZNER. He will be there as well as his other company he commits fraud through “Serious Pimp.”
Its all the same thing. Damian Kutzner started United Law Group about two years ago with his puppet attorney Sean Rutledge. Damian Kutzner has a 6 million dollar judgment against him from the FTC (http://www.ftc.gov/opa/2009/07/globalmgt.shtm) so his name legally can not be on any business. After United Law Group was raided by the FBI for not servicing clients Damian filed for Bankruptcy and evacuated the building. He was then caught stealing from the building he was forced to leave. Damian is now running another puppet attorney who used to work for United Law Group Vito Torchia Jr! You would think Vito would be smarter than this, he saw what happened to Sean Rutledge, Robert Buscho and Christian M Dillon. But as it has happened for thousands of years history does repeat itself.
Brookstone Law (http://www.brookstone-law.com) which is really United Law Group, with all the same people is located at 4000 MacArthur Blvd., Suite 1110 Newport Beach, CA 92660. If you have been scammed by United Law Group! Your money, file and master-thief behind the scamming is located at this address. Go inside and ask for DAMIAN KUTZNER. He will be there as well as his other company he commits fraud through “Serious Pimp.”
Although MANY from “United Law Group” did go straight to “Brookstone Law” in the furtherance of United Law Group through Brookstone Law some of their employees including, but certainly not limited to, “The Three Theft Amigos” which include: Jared Bocachica, Torin Beeler and Jaime Esparza – went to AmeriPride Tax Theft Group.
https://getoutofdebt.org/25111/ameripride-tax-group-scam-complaint-review-or-praise
I have been struggling for the last couple of years to keep my home, I catch up and fall behind again on my mortgage and the economy is just not getting better for me. I have tried everything, to no avail. I started trying to work with my lender (WAMU now Chase) back in 2008. I attempted to work with Chase and grew frustrated that after one year of sending and resending paperwork and them losing they denied my modification. I was in the exact same position as when I first contacted them. After all the frustration of trying to work with them, I thought I had found the answer when I came across United Law Group. Anthony was very helpful at first and told me that they could help me. He took my information over the phone and “Qualified ” me for a loan modification. He told me that I qualified, but after my experience with Chase on me to work with them I was skeptical at best. Anthony re-assured me and told me that the difference between “ULG” and others was that they were going to file a class action lawsuit against my lender and use that as leverage to modify my loan.
HE SOLD ME, I paid my fee and that is when the nightmare started. after months of no return calls or emails I finally got a hold of someone. By this point I was looking for a refund, they told me that the reason I did not get a modification was that I had too much credit card debt and needed to enroll in “Debt Settlement”, since I was mad at their lack of customer service, to “make it up to me” they would give me a discount on that service, that they also provided, they told me that they had addressed their issues and “moving forward” it would not happen again.
I GOT SOLD AGAIN!!! A few months later I called to get an update, their phones were no longer working, panicking I went on line and found out that they had been raided by the FTC, FBI, the BAR, I found out that the major reason they got shut down is that they promised thousands of people (myself included) that they would sue my bank and NEVER FILED ONE CASE.
Needless to say I am still in the same situation except I am out thousands of dollars and I am still struggling to make my mortgage payment. I am still trying to save my house, that is when I heard about Brookstone Law and that they were suing the banks. I contacted Brookstone and imagine my surprise when on the other end of the phone was familiar to me, It was Anthony!!
The same person from ULG who I had first spoken to a year and a half earlier and never returned my calls while he was at ULG. I did a search of Brookstone Law and found out that it is the SAME PEOPLE AS ULG, THE SAME ATTORNEY (the one that did not get disbarred) and the same people orchestrating a new SCAM, with the same “master thief” Damian Kutzner behind ULG. I feel silly enough to have been fooled by them twice already. I WILL NOT BE FOOLED AGAIN! BEWARE! BEWARE! BEWARE!
I have been struggling for the last couple of years to keep my home, I catch up and fall behind again on my mortgage and the economy is just not getting better for me. I have tried everything, to no avail. I started trying to work with my lender (WAMU now Chase) back in 2008. I attempted to work with Chase and grew frustrated that after one year of sending and resending paperwork and them losing they denied my modification. I was in the exact same position as when I first contacted them. After all the frustration of trying to work with them, I thought I had found the answer when I came across United Law Group. Anthony was very helpful at first and told me that they could help me. He took my information over the phone and “Qualified ” me for a loan modification. He told me that I qualified, but after my experience with Chase on me to work with them I was skeptical at best. Anthony re-assured me and told me that the difference between “ULG” and others was that they were going to file a class action lawsuit against my lender and use that as leverage to modify my loan.
HE SOLD ME, I paid my fee and that is when the nightmare started. after months of no return calls or emails I finally got a hold of someone. By this point I was looking for a refund, they told me that the reason I did not get a modification was that I had too much credit card debt and needed to enroll in “Debt Settlement”, since I was mad at their lack of customer service, to “make it up to me” they would give me a discount on that service, that they also provided, they told me that they had addressed their issues and “moving forward” it would not happen again.
I GOT SOLD AGAIN!!! A few months later I called to get an update, their phones were no longer working, panicking I went on line and found out that they had been raided by the FTC, FBI, the BAR, I found out that the major reason they got shut down is that they promised thousands of people (myself included) that they would sue my bank and NEVER FILED ONE CASE.
Needless to say I am still in the same situation except I am out thousands of dollars and I am still struggling to make my mortgage payment. I am still trying to save my house, that is when I heard about Brookstone Law and that they were suing the banks. I contacted Brookstone and imagine my surprise when on the other end of the phone was familiar to me, It was Anthony!!
The same person from ULG who I had first spoken to a year and a half earlier and never returned my calls while he was at ULG. I did a search of Brookstone Law and found out that it is the SAME PEOPLE AS ULG, THE SAME ATTORNEY (the one that did not get disbarred) and the same people orchestrating a new SCAM, with the same “master thief” Damian Kutzner behind ULG. I feel silly enough to have been fooled by them twice already. I WILL NOT BE FOOLED AGAIN! BEWARE! BEWARE! BEWARE!
Brookstone law are scammers!!! They lie and cheat just to get your money! They told me that my lender cheated us because their bank did a illegal action on my home with something with MERS and brookstone told me I need to sue them for them to legally findout other wrong doing my lender was did. Because of them feeding me bullshit, I got curious and couldn’t stop thinking about it. brookstone law told me they are changing their rates and if I don’t pay them 16500 a one time fee that covers everything, and that’s what I did and my nightmares started after month after month telling me they need 1500, then 2000 and then an extra 3000 for them to help me stay in my home during the process of litigation and told me all the money would be reimburse and then some, even possible the judge will throw the book at my lender because of their crimes and get my home mortgage debt free and that they are collecting very good information against my lender and keeps reinsuring me about all the good information they have and that we will win 100%. And stupid me ok sure here you go another 6000. And ofcourse again asking for another 3500. OMFG when is this going to end. They never touch base with me and never call me no updates. I had to make endless calls to find out from their secretary that I’m sorry we did win. I told brookstone I should go to court with brookstone to see what was going on but they said there was no need it is a trial just the lawyers and judges not the customer. that was a red flag for me. I had to ask them for all the litigation paperwork that they had done with my case. and after review I found out that my lender did nothing wrong in the first time in trial and that they are wasting the customers money in the report. and to my shock the very end of the trial and most of the trial they didn’t even go or sign in or report anything to court saying they cant be there or tell me anything of this nature. I lost my home and wasted nearly 30,000 in finding out I was robbed and lied to. I sued brookstone and won finding out they moved to new York and I need help finding out which bank they bank with does anyone know? Please help
Where did you sue them? Can you forward a copy of that case?
Brookstone Law is the just the new United Law Group, Damian Kutzner just founf a new Sean Rutledge and Robert Buscho in Vito Torchia, enlisted muscle from world renoun Scumbag Mitch Stein. The only question is how much will they steal before they get shut down?
Brookstone Law is the just the new United Law Group, Damian Kutzner just founf a new Sean Rutledge and Robert Buscho in Vito Torchia, enlisted muscle from world renoun Scumbag Mitch Stein. The only question is how much will they steal before they get shut down?