Table of Contents
Update 4-8-2011: Brookstone Law is involved in seeking consumers to join mass joinder cases and while this article talks boldly about Brrokstone Law I’ve also published others in which I’ve praised Vito Torchia, Jr. of Brookstone Law. Anyone reading this article and wanting to know more about the reality of the players in the mass joinder space should see Vito Torchia Jr. of Brookstone Law is My Hero Today for Laying Out the Mass Joinder History. Readers should also put the mass joinder market into context by reading articles I’ve written regarding Kramer & Kaslow and Mass Litigation Alliance.
A confidential tip arrived recently that asked me to look into Brookstone Law and mentioned they had an affiliation with some people who are or were involved in other areas of debt relief. Namely Jeremy Foti and Damian Kutzner.
I knew nothing about the company so I started looking around to see what I could find.
The biggest surprise to me in my examination of Brrokstone Law was the following statements from the bankruptcy trustee involved with United Law Group that preceded 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.
So Let’s Look at Brookstone Law
A stop at brookstone-law.com showed me they say they specialize in business & corporate, employment, entertainment, media, art, museum, finance, intellectual property, licensing, merchandising, real estate, and consumer credit law. What intrigued me is their speciality on consumer credit law which seems to basically sell credit repair services.
On their practice areas listing they mentioned consumer credit law last but on their video vault page they mention consumer credit law and real estate law first. Interesting.
In fact the real estate and credit sections are the only ones that contain videos. I guess the other sections are not video worthy yet.
Note the graphic above shows that Brookstone Law claims to have an A+ rating with the BBB. It is in fact not an A+ but an A rating. – Source. Slipping?
Peter Bylsma with Brookstone Law confirmed that Damian Kutzner affiliated with Brookstone Law as a “software development consultant” and James Foti was with the company. A James Foti is said to be the brother of Jeremy Foti (source) who I have written about before with debt settlement company Kirkland Green.
Interestingly, a web search could find no mention of Damian Kutzner previously being involved in software development. – Source. I did however find a reference to Kutzner being involved in a possible software/lead management company between 2004 to 2006. That was disclosed in his personal bankruptcy filing.
Damien Kutzner was the COO of United Law Group (ULG) a mortgage modification and debt settlement company that went bankrupt. ULG subleased space to Kutzner’s business Serious Pimp. – Source
In the United Law Group bankruptcy filing Brookstone Law is listed as an unsecured creditor owed $377,366.52 for “services rendered on behalf of clients.” – Source
Sean Rutledge, the founder of United Law Group was disbarred in late 2009. – Source. Not surprising when Rutledge, with United Law Group, allegedly sent emails to clients that said:
“All the above services have been provided. We don’t guarantee results. If your home is sold then so be it. We do our best and that’s all the law requires. Do me a favor the next time you ‘BLAST YOUR EMAIL’S IN MY FACE.[‘] READ THE CONTRACT YOU SIGNED. IT SAYS NO GURANTEES[sic]. IF THE BANK DENIES THE LOAN MOD THEN YOU LOSE. THAT’S LIFE. NO REFUNDS. YOU KNOW THAT BECAUSE YOU AGREED TO IT.
“Have a nice day.” – Source
— AND —
“Mr . Anthony:
I don’t like you. We are done. You will get a refund minus work done. Then we are going to sue you for breach of contract. You have caused serious emotional distress to our employees. I will be filing a TRO against you tomorrow.
You are a jerk, and a very stupid man. You tell the only people that can help you that we are your enemies, then so be it. I hope you have a lot of money saved up to defend yourselfs [sic] from the upcoming litigation I am filing against you.
Never email me again you loser.” – Source
It is reported that United Law Group was raided by by federal and local agencies in March of 2010.
The U.S. Postal Inspection service led the raid on the embattled loan modification firm, along with officials from the FBI, U.S. Immigrations and Customs Enforcement, the Orange County District Attorney’s office, the Special Inspector General for the Troubled Asset Relief Program and officers from the Newport Beach and Irvine Police Departments, Postal Inspector Renee Focht said. Investigators in their affidavit for a search warrant allege that the United Law Group is a company “permeated by fraud.” – Source
Damian Kutzner is listed as owner of UnitedLawGroup.us as The Lawyers Agency, 2400 Main Street, Irvine, California 92614. There is no registered company named “The Lawyers Agency” that is registered in California although Kutzer says he is the owner of such a company. – Source
Vito Torchia, Jr – United Law Group and Brookstone Law
Peter Bylsma of Brookstone Law said, “Vito Torchia, Jr. is the managing director for the law firm and sole principal.”
Vito Torchia was identified as an attorney for United Law Group in a ULG press release.
“United Law Group is actively recruiting personnel to help its clients deal with fallout from the mortgage crisis,” said Vito Torchia, attorney for United Law Group. – Source
“United Law Group, the leading litigator of cases concerning abusive banking practices, breaches of contract and violations of state and federal laws of real estate litigation services, welcomed veteran attorneys Vito Torchia, Jr. and Jerold Gardner to the firm.” – Source
Serious Pimp
Damian Kutzner is also the owner of a company called Serious Pimp, Inc. which was “created by serial entrepreneur and business mogul, Damian Kutzner.” – Source
Kutzner and Serious Pimp came up in the bankruptcy documents of United Law Group.
Immediately upon my appointment, I secured all of the premises and the identifiable books, records and assets of the Debtor.
Serious Pimp purportedly is a subtenant of [United Law Group], although Serious Pimp has never actually paid rent, and presumably received rent credits from the [United Law Group]. Damien Kutzner is involved in both ULG and Serious Pimp and his salary in ULG was approximately $28,000 a month while the attorneys at ULG were making significantly less.
As soon as I was appointed I secured the premises but gave the ostensible tenants access to the property whenever they needed by providing them with cell phone numbers of the Trustee and of his agents. I continually provided the various parties access to the property.
I did this notwithstanding the fact that that I found internal documents in which it appeared that ULG may have been paying the accounts payable of Serious Pimp and the fact that ULG may have been paying for certain items from Serious Pimp and the fact that there were interconnections in excess between the two entities such that the assets and liabilities ofthe entities may have been comingled. – Source
Damian Kutzner and the FTC
Kutzner seems to have a track record of being involved with companies in trouble. The FTC filed suit against Damian Kutzner in 2002 and then again in 2007.
The information below is from the 2002 case.
The FTC alleged that defendants used spam to deceptively obtained consumers’ sensitive financial information. According to the FTC’s complaint, since approximately December 2001, the defendants used spam that purports to be from various well-known financial institutions (e.g., Radian Bank, Prudential, and Fannie Mae). The spam contains a questionnaire seeking detailed personal financial information under the guise that providing such information would help consumers find a home mortgage. The defendants also allegedly forged e-mail headers – a technique known as “spoofing,” – so that any undeliverable messages went to e-mail addresses unaffiliated with the defendants. One unaffiliated third party was swamped with more than 30,000 bounce-back and angry “do not spam me” e-mails intended for the defendants.
The FTC’s complaint alleged that the defendants deceptively represented that the sender of the spam is a specific financial institution and that the email addresses of spam recipients will, upon request, be removed from any list of addresses to which future such solicitations will be sent. The FTC alleged that defendants violated the Gramm Leach Bliley Act by using false pretexts to obtain customer information of a financial institution, including mortgage amount, rate, and type. The FTC also alleged that the defendants’ practice of “spoofing” causes consumers’ email accounts to receive unwanted email messages, without consumers’ consent or authorization was unfair. – Source
The suit named GM Funding, Global Mortgage Funding, Damian Kutzner, Universal IT Solutions, and Anthony Tamraz. – Source
Kutzner’s other companies of Inforte Financial, Global Mortgage and U.S. Escrow were named in a second FTC action against Kutzner in 2007.
End of the Line for Financial Telemarketer Who Violated Do Not Call Rules
Court Order Imposes Five-Year Ban on Telemarketing to Consumers
A financial services telemarketer who allegedly violated several requirements of the Federal Trade Commission’s Do Not Call Rule – from calling hundreds of thousands of consumers on the National Do Not Call Registry to failing to transmit accurate caller ID information – has settled the government’s charges and is banned from telemarketing to consumers for five years.
In November 2007, as part of a multi-case crackdown on Do Not Call violators, the government charged Global Mortgage Funding, Inc. (Global Mortgage) and its owner, Damian Robert Kutzner, with unlawfully calling consumers on the Do Not Call Registry in an attempt to sell financial products, including mortgages and related financing services. The complaint also charged the defendants with violating the FTC’s Do Not Call Rule by failing to transmit accurate caller ID information, failing to pay fees required to access the Registry, and abandoning calls by not connecting consumers to a representative within two seconds after they answered the phone. Following a lengthy investigation by the FTC, the lawsuit was filed and litigated by the Department of Justice on the Commission’s behalf.
The agreed-upon court order announced today bans Kutzner and anyone working with him from participating in telemarketing to consumers, and from helping others involved in telemarketing to consumers, for five years. It also permanently bars Kutzner from violating the Telemarketing Sales Rule, as well as its Do Not Call provisions, which include calling consumers on the National Do Not Call Registry, failing to provide accurate caller ID information, calling consumers who have said they do not want to be called, and abandoning calls.
The order imposes a $6 million civil penalty against Kutzner and Global Mortgage, which has been suspended due to their inability to pay. Both defendants have filed for bankruptcy. The order also imposes reporting and record-keeping provisions to help monitor Kutzner’s compliance. Finally, the order ensures that Global Mortgage will not resume its operation or benefit from its past conduct.
Both Global Mortgage and Kutzner had a previous run-in with the FTC, which sued them in 2002 for allegedly sending “spoofed” e-mails that offered mortgages and purported to be from legitimate banks. Global and Kutzner signed a consent decree in 2003 in which they agreed to pay over $60,000 to resolve that litigation and accepted a court order prohibiting them from future “spoofing” and other misrepresentations.
The Commission vote authorizing the filing of the stipulated order was 4-0. The order was filed in the U.S. District Court for the Central District of California, and it was signed by the judge and entered by the court on July 17, 2009. The order settles the United States’ charges against Global Mortgage Funding, Inc., doing business as Global Realty, Inforte Financial, and U.S. Escrow; and Damian Robert Kutzner, individually and as an officer or director of Global Mortgage Funding, Inc.
Here is the 2009 stipulated judgment Kutzner signed in this matter.
Damian Kutzner and the California Corporations Commissioner
Damian Kutzner also had a run in with the California Corporations Commissioner in 2006 over Newport Beach Escrow.
The action by the Commissioner said:
On or about August 3, 2006, the Commissioner commenced a regulatory examination of the books and records of Newport. The August 2, 2006 Escrow Trial Balance obtained at the commencement of the examination disclosed that three escrows, including the fee account, had debit balances totaling $18,557.73. Additionally, a review of the most recent trust account reconciliation dated June 30, 2006 revealed thirty-five (35) adjusting items, some dating back to September 2005, resulting in an adjusted bank balance of negative $392,134.26.
On or about October 31, 2006, Newport provided the Commissioner with a copy of the September 30, 2006 trust account reconciliation and trial balance. Demands were made for the general account bank statements and reconciliations for the months of July, August and September 2006, but were not provided. The September 30, 2006 trust account reconciliation disclosed a trust account shortage of $25,624.22 that when added to the escrows showing a positive balance for which no funds exist ($760.10), results in a trust account shortage of at least $26,384.32.
Based upon the condition of the books and records as described above, the Commissioner had been unable to determine the exact extent of the shortage in the trust account beyond the $26,384.32 found to date. The Commissioner had made demands upon Newport to cure the trust account shortage found to date, but Newport failed to cure the trust account shortage until on or about November 9, 2006.
Newport discovered the misappropriation of trust funds by Steffani on or about April 24, 2006, but never reported it to the Commissioner as required by California Financial Code section 17414(c). Instead, the Commissioner learned that trust funds had possibly been misappropriated during the course of the August 2, 2006 regulatory examination.
Pursuant to California Financial Code section 17209(g), an application for an escrow agent’s license is required to contain a completed statement of identity and questionnaire (“SIQ”) for all individual stockholders, directors, officers, trustees, managers, and other persons participating in the escrow business. Two separate SIQ’s for Kutzner were filed in connection with the Newport application. Kutzner’s SIQ’s, dated December 18, 2003 and April 8, 2004, respectively, stated that Kutzner had never been a defendant in any civil action other a divorce, condemnation or personal injury action. Kutzner executed the SIQ’s under penalty of perjury that all of the information submitted in his SIQ’s was true and correct. The issuance of the escrow agent’s license was based upon all the information submitted with the application, including Kutzner SIQ’s.
Subsequent to the August 2, 2006 regulatory examination, the Commissioner learned that Kutzner had been a defendant in an action brought by the Federal Trade Commission (“FTC”) in or about November 2002 wherein Kutzner was alleged to have engaged in numerous false and deceptive practices in violation of Section 5(a) of the FTC Act and Section 521(a) of the Gramm- Leach-Bliley Act. The civil action resulted in a Stipulated Judgment and Order for Permanent Injunction against Kutzner on or about May 5, 2003.
Accordingly, the SIQ’s submitted by Kutzner in connection with the Newport application were false as Kutzner failed to disclose the FTC action, which had resulted in a final judgment against him only months prior to the first SIQ filed with the Commissioner. – Source
And now Damian Kutzner is involved again with a company, Brookstone Law, that appears to be operating in the mortgage space with it’s rumored class action law suit against the government for wrongful home loans.
That’s Not All
In 2008 a company said to have been owned by Kutzner in California was sued for unsolicited marketing by the State of Indiana.
Indiana Attorney General Steve Carter has filed a lawsuit against two companies for making illegal sales calls in the form of pre-recorded calls and by live operators to Indiana citizens whose phone numbers are registered on the state’s Do Not Call list. North Carolina Attorney General Roy Cooper has secured an order forcing an Arizona marketer to make refunds to consumers.
In Indiana, Carter’s lawsuit charges United American Technology Inc. and Damian Kutzner, doing business as and Liberty Management Inc., with using an automated dialing machine and live operators to call more than 80 phone numbers.
“We will not tolerate the privacy rights of citizens and state law being ignored,” Carter said. “There are a variety of ways to make sales pitches to people in Indiana other than their private telephone line.”
The lawsuit against Damian Kutzner, doing business as Liberty Management, Inc. based out of California, claims that from May through October of 2007, the defendant made calls to Indiana citizens to solicit the sale of debt consolidation and satellite TV service.
The state also alleges that both defendants violated Indiana’s Do Not Call law by calling consumers whose phone numbers are registered on the list. – Source
According to the complaint provided to me by the State of Indiana, Damian Kutzner was sued individually and as Liberty Management, Inc. on October 9, 2008. – Source. This is even after the second FTC action against him that was for telemarketing issues.
On January 9, 2009 Kutzner entered into a Permanent Injunction with Indiana over this matter. Since the injunction is to be applied to an entity that is legally or beneficially owned, operated or controlled by Kutzner, it could then apply to Brookstone Law as well if the allegations of control are true.
The injunction calls for a penalty of $25,000 per violation under the agreement. – Source
Kutzner Goes Bankrupt and Sues His Own Lenders
On May 15, 2008 Damian Kutzner filed for Chapter 7 bankruptcy protection. – Source. What is unusual about this case is that it is still ongoing.
His case lists claims against him by Bryan Lucs & Ken Bailey, former business partners. It also lists pending legal cases against him by Stuart Shelly, Micelle Raleigh, Puget Sound Leasing, MMA Publications, Michael Lawrence Mudrinkh, Lyon Financial Services, Union Bank of California, The Best Service Co, and United States of America. – Source
Kutzner lists his business history: Global Mortgage Funding, Inc, Hand to Hand (Appraisal and Notary), Harlem Chase, LLC (NV Real Estate Business), Inforte Financial Corp (NV Mortgage Business), Lead Management System, LLC (Software), Liberty Management Group, Inc. (Debt Business), NCN, Inc. (ACH Servicing), Newport Beach Escrow, Scripts Development, Inc. (Real Estate), Serious Pimp, Inc. (Clothing), and U.S. Escrow, Inc. – Source
Kutzner filed suit against his own mortgage lenders in 2009 and claimed they violated the Home Ownership and Equity Protection Act (HOEPA). – Source
Scripts Development, Inc. owns a 42 foot racing boat named Serious Pimp. – Source
Harlem Chase property in Newport Beach is listed as $5,750 delinquent in payments as of May 19, 2008. – Source.
What is interesting is that Kutzner publicly claims to have also started a company called Integrated Legal Systems, “a company that provides applications to simplify the way law firms do business.” – Source. However I can find no information about that company.
To date he has not been granted a non-vacated discharge under his 2008 bankruptcy filing.
Kutzner was also named in a lawsuit against United Law Group, Sean Rutledge, Robert Buscho, Vito Torchia, Ruel Caneda, Richard Stinstrom, Jerold Gardner, Timothy pack, Andy Epstein, Nathaniel Adams, David Johnson, Thomas Neusom, Mark Fisher, Craig hughes, Julie Smith, Corvi Urling, Judy Contino, The Bergstrum Group, Kirkland Holdings, Thomas Duffy, Rene Ruiz. – Source
Vito Torchia, Jr and Brookstone Law, Sued by Trustee. Kutzner Said to be Behind Brookstone Law
On November 16, 2010 the trustee in the United Law Group bankruptcy, sued Brookstone Law, and Vito Torchia.
The suit says that ULG utilized the services of Morgan Drexen to provide the services necessary to carry out the ULG debt settlement program. Morgan Drexen is Identified as MDI and the Debtor in this suit is United Law Group. DSP stands for debt settlement program.
28. Sometime during the time period of late December of 2009 through February of 2010, the Debtor instructed MDI to transfer all of the funds in the Debtor’s three accounts to three similar accounts at the Bank, all in the name of Brookstone rather than the Debtor. During this same time period, the Debtor concurrently instructed MDI to modify the ACH transfer data transmitted by MDI to cause the incoming monthly DSP Client payments to be credited to the Brookstone general bank account rather than the Debtor’s general bank account as in the past.
29. Prior to December 29, 2009, the Debtor had over 500 DSP Clients.
30. The Trustee is informed, believes and therefore alleges that Brookstone is a corporation which was merely created by the Debtor’s insider and COO, Damian Kutzner. The evidence indicates Brookstone was created for, among other things, to take control of the Debtor’s DSP Business along with the Deposit Fund Account and the Debtor’s Revenue Stream in furtherance of a scheme to hinder, delay and defraud the Debtor’s creditors.
31. On or about December 29, 2009, the Debtor served the DSP Clients with a letter indicating that the DSP Client’s files were being assigned by the Debtor to Brookstone (“Attempted Assigmnent”).
32. The Trustee is informed, believes and therefore alleges that on or about January or February of 2010, the Debtor instructed MDI to change the depository bank for the DSP Clients and the Debtor’ s Deposit Fund Account, from the Debtor’ s depository bank to bank accounts in the name of Brookstone.
33. The Trustee is informed, believes and therefore alleges that the Debtor transferred the Debtor’s Deposit Fund in excess of $200,000.00 by Wire transfer from the Debtor’s Deposit Fund Account to Brookstone in December of 2009 and/or January of 2010.
34. The Trustee is informed, believes and therefore alleges that the Debtor transferred control of the Debtor’s Revenue Stream to Brookstone on the same date.
35. The Trustee is informed, believes and therefore alleges that Brookstone is presently holding cash on hand generated from the DSP Clients in a significant sum in three Bank of America bank accotmts, account ntunbers 24399-72748, 1664262858, and 24391-72747. (“Deposit Ftmd Account”).
36. In this manner Brookstone effectively redirected the Debtor’s DSP Business and the Deposit Fund Account to Brookstone (“Transfer of the Deposit Fund Account”).
37. The Trustee is further informed, believes and therefore alleges that as a result of the Debtor’s instructions to MDI, given during the time period of December 2009 through February of 2010, the automatic withdrawals from the personal accounts of the DSP Clients were no longer deposited into the Debtor’s bank accounts and that these funds were thereafter deposited into Brookstone’s bank accotmts.
38. In this manner Brookstone effectively redirected the Debtor’s DSP Business and the Debtor’s Revenue Stream away from the Debtor to Brookstone (“Transfer ofthe Debtor’s Revenue Stream”).
39. Transfer of the Deposit Fund Account and the Transfer of the Debtor’s Revenue Stream are together referred to as the “Transfers”.
40. The Trustee is further informed, believes and therefore alleges that the automatic Withdrawals from the DSP Clients’ accounts continue to be deposited into the accounts of Brookstone.
41. This change in the account into which the DSP Clients’ funds were deposited was effectuated Without the written consent of the DSP Clients in violation of the Client Agreements.
42. The Trustee is unaware of any evidence indicating that the DSP Clients notified the Debtor or the Debtor’s depository bank in writing of a change to their Client Agreements so that the DSP Client’s monthly Withdrawals were to be deposited into Brookstone’s bank accounts instead of continuing to be deposited into the Debtor’s accounts.
43. The lack of a writing from the DSP Clients notifying the Debtor and the Bank that the automatic Withdrawals would not be made into the Debtor’s accounts is a breach of the DSP Clients’ Agreement for Automated Electronic Funds Transfer.
44. The Trustee is informed and believes and therefore alleges that the value of the Debtor Revenue Stream is as much as approximately $1 Million.
45. The Trustee is informed, believes and therefore alleges that Brookstone is presently holding cash on hand generated from Debtor’s DSP practice in three bank accounts located at the Bank (“Deposit Fund Account”).
46. The Trustee is informed, believes and therefore alleges that presently the Deposit Fund Account is a significant sum of cash. – Source
The following letter was sent to ULG clients by the trustee. – Source
Brookstone Law Attorneys
Brookstone Law lists the following attorneys as being affiliated with them. What struck me on the list is that I wondered if the Minnesota attorney listed, JD Hass, was actually a principal of the J Hass Group that has had a number of issues in the debt relief world.
The Minnesota Bar Association says there is no lawyer with the last name of Hass as a member. A search for last name Hass returned no listing for Hass. – Source
Alabama
Robert Kreitlein
Vann A. Spray
Arkansas
Richard E. Walden
Arizona
James Galbraith
California
Karen Hoeg
Aalok Sikand
Colorado
Valeria L. Cox
Delaware
Stamatios Stamoulis
Richard Weinblatt
Florida
Eric Rosen
Eve Boutsis
Georgia
Angela Michelle Whiddon
Iowa
Kirk E. Goettsch
Idaho
John R. Reese
Illinois
Hugh Richard Williams
Nancy Quackenbush
Indiana
Dale Krieg
Kansas
Lawrence Williamson
Kentucky
Kendra L. Rimbert
Louisiana
Helen Hsu
Massachusetts
Dirk Levinsohn
Julie Guthrie
Michigan
Rochelle Guznack
Minnesota
JD Hass
Missouri
Nancy Quackenbush
Mississippi
Tami Munsch
Montana
Blaine C. Bradshaw
New Jersey
Garrett I. Elias
Milton Bouhoutsos, Jr.
Stamatios Stamoulis
Richard Weinblatt
New Mexico
Baron Abrums
New York
Dirk Levisohn
Eric Rosen
Garretti I. Elias
Ohio
Justin Enrique Fernandez
Robert L. Raper
Oregon
James C. Loy
Pennsylvania
Eric Rosen
Glenn Romano
Tennessee
Deborah A. Randolph
Texas
Helen Hsu
Keidra J. Philips-Burrell
Utah
Luc D. Nguyen
Virgina
Jim Bowman
Shelia T. Mayers
Washington
John R. Reese
Wisconsin
Tiffany Stockinger
West Virginia
Rachelle McIntyre – Source
And There You Go
There isn’t anything more to report at the moment but my gut says there will be. Wait for it.
Update January 9, 2011
I received an email from Vito Torchia, Jr. following the publication of this article. I have invited him to submit any statement he wants in an effort to address any issue raised that may be taken out of context. As I said to him, I will be happy to publish his statement in an effort to give both sides of the story.
He has asked me to remove any allegations or innuendos which are not true. As always, I strive to publish the facts and if anything I reported is shown to not be true I will promptly remove it.
As soon as his statement arrives I will update the story here.
Update: January 17, 2011 – Vito Torchia, Jr. Responds
Mr. Rhode:
As an avid follower of your blog, I read your story entitled “Brookstone Law and Damian Kutzner. An Interesting Combination.” with some dismay. You and your blog have become important influencers. For that reason, I am very grateful to you for permitting me to respond to the story.
If I read the story correctly, you are not asserting that Brookstone Law or I have broken any law or ethical requirement. Clearly, you have not asserted that Brookstone Law or I have ever failed to competently, professionally and ethically represent our clients.
You point out Brookstone Law enjoys an “A” rating from the Better Business Bureau. Neither Brookstone Law nor any of its lawyers has ever been the subject of disciplinary action from the State Bar. I am not aware of any lawsuit ever filed against a Brookstone lawyer regarding legal services (though I believe the same is true of most of our affiliated lawyers listed in your blog, my statement relates to the firm’s lawyers in California, as opposed to lawyers in other states working on a non-exclusive basis with Brookstone.)
On the other hand, you are critical of Brookstone Law and me because of our interaction with now-defunct United Law Group (“ULG”) and Damian Kutzner.
As to ULG, you observe that I briefly worked for ULG as an attorney, that Damian Kutzner, formerly COO of ULG is now employed by Brookstone and that Brookstone acquired certain client files from ULG. You also observe that the trustee for ULG’s bankruptcy has sued Brookstone to attempt to obtain client trust accounts and clients from Brookstone.
As to Mr. Kutzner, you observe that his entrepreneurial flair may have gone too far, particularly where it resulted in his entering into a consent decree with the Federal Trade Commission (“FTC”) requiring that he stay out of telemarketing for five years.
By innuendo, you lead the reader to believe there is a “so what” to these associations. You never overtly get there. Instead, you specifically admit “There isn’t anything more to report at the moment.” But, you conclude by reporting “my gut says there will be [more to report].”
May I briefly address the associations.
Prior to founding Brookstone Law (I am its principal and managing attorney), I was hired by ULG as in-house associate counsel in the fall of 2009 and worked there for approximately four months. As in-house counsel, and thereafter, I was counsel for ULG in matters in which ULG’s activities were disputed.
It is utterly contrary to the American justice system to fault an attorney for representing an individual or entity in trouble, including an individual or entity alleged to have engaged in wrongdoing. No assertion has ever been made that I acted unprofessionally or without strict adherence to the Code of Professional Responsibility. If I am to be criticized for representing a client who has been alleged to have done something wrong, then by implication nearly all litigators and many transaction lawyers stand equally guilty.
If it matters (it should not), ULG was never found liable for any wrongdoing and more specifically, there was never an adverse finding against ULG in any matter in which I represented ULG.
To this point, your story observes that Sean Rutledge, founder of ULG, was disbarred in late 2009. I never represented Mr. Rutledge. But, even if I had done so, all Americans are entitled to a defense. That is one of the core values for which we are fighting around the world.
My point is not that ULG or Mr. Rutledge did (or did not) do that which some have accused them of doing. My point is not even that my client (ULG) was not found liable for wrongdoing in any matter in which I was involved. More simply, my point is that castigating lawyers or impugning their professionalism because they take on controversial clients is a road down which we dare not travel.
As to Brookstone’s purchase of client files from ULG – that is true. As ULG failed, I saw an opportunity to provide quality service to the clients of ULG who were about to lose representation. I lobbied ULG’s principals and Morgan Drexen, a software and support firm that was involved with ULG to acquire the files. I made a case for the savings ULG would achieve and the services that would be delivered to the clients. I succeeded to the extent Brookstone was permitted to acquire a significant number of ULG debt settlement clients. ULG’s clients were then informed of the transfer.
It is now more than a year from the time Brookstone acquired certain ULG clients and those clients were advised of that fact. To my knowledge, even now, not one Brookstone client acquired from ULG has complained about Brookstone’s services or the transfer. We have obtained good results for some of these clients and until this month, continued to seek relief for the remaining clients.
As you observed, the trustee for ULG sought a “return” to the ULG estate of the clients acquired by Brookstone as a transaction the trustee alleged occurred within the so-called preference period or for insufficient value to the ULG estate. By making his motion, the trustee implicitly lumped our clients together with desks, chairs and other assets of ULG as mere pawns to be moved around the chess table of ULG’s bankruptcy.
Not one former ULG client joined in the trustee’s motion – the immediate beneficiary of which is the trustee who could now receive fees for completing the work Brookstone has been diligently undertaking over the last year.
Applying the peculiar laws of bankruptcy, the bankruptcy court preliminarily ordered that clients we had obtained from ULG be transferred to the ULG trustee, pending a full evidentiary hearing that could end with a different result. I do not see anywhere in the Court’s decision even the slightest attack on Brookstone Law’s professionalism or service to our clients. Rather, I see a bankruptcy court interpreting quirky bankruptcy rules on preferences and value to treat human beings as property for the purported benefit of ULG’s creditors. I thought the 13th Amendment ended such treatment. It appears that I was wrong.
Your blog provides a compendium of Mr. Kutzner’s difficulties. In some instances, there are mere allegations and in one instance pertaining to Global Mortgage Funding, the FTC stipulated judgment entered into by Mr. Kutzner speaks for itself.
The issue as to Brookstone is whether there is something inherently wrong in Brookstone Law’s hiring Mr. Kutzner to assist with those matters for which he is clearly qualified: organization, software, systems and mailings.
By contrast to the notion of guilt by association with ULG, which I reject as utterly without merit, I recognize that my decision to hire Mr. Kutzner might require some thought. I carefully considered the reasons for hiring Mr. Kutzner, the parameters of his potential engagement, my belief in rehabilitation and the public relations and ethical implications of proceeding. In the end, I concluded that if Mr. Kutzner’s engagement was for limited purposes and in no way included the authority and subject matter that gave rise to his previous difficulties, Brookstone could proceed.
To be very clear: I concluded there were no ethical issues given the constraints under which Mr. Kutzner would be engaged and I concluded that I would be a very shallow person if I permitted public relations to determine who I should or should not hire.
Just as Brookstone succeeded in making clear to the bankruptcy court, let me also make very clear here: Damian Kutzner has absolutely no control or contractual authority at Brookstone Law. At its most simplistic, only an attorney can own or have a financial or control interest in a law firm. Mr. Kutzner is not an attorney (nor does he play one on TV!).
Further, Brookstone is not a telemarketer; and Mr. Kutzner certainly doesn’t manage our interaction with our clients. He has no entrepreneurial authority. Rather, he manages technical and back-room operations for our firm, which has a large number of small clients. Managing a firm with a practice such as ours requires considerably more organizational skills and software than would be required in a corporate practice with similar revenues. Mr. Kutzner is an expert at the methods, processes, procedures and software we require.
The reputation of a law firm starts and stops with the reputation of the attorney(s) behind it. Neither I nor any of the firm’s lawyers have anything for which to apologize. To the contrary, we are proud of what we have accomplished and our willingness to help middle class clients.
I am aware of the treacherous waters in which Brookstone swims. To help us stay on course and to avoid even appearances of impropriety, Brookstone recently retained a very distinguished lawyer and business executive with 30 years of acclaim and experience in corporate and legal ethics to advise us. He will soon start his work. While I do not know what he will recommend, I can assure you and our clients that he will have unimpeded access to our staff, records and accounts. I also can assure you that we intend to follow his advice.
Within the proper bounds of attorney-client confidentiality and zealous representation of our clients, we intend to meet the highest standards of ethics, professionalism, candor and transparency to our clients, other counsel and the courts.
We take these steps BEFORE anyone has ever alleged a professional lapse or breach by Brookstone Law. By being proactive, we hope to ensure that day never comes.
My thanks for the opportunity to respond to your story. I hope I have addressed your concerns and helped to provide some balance to the dialogue about Brookstone Law and my practice.
Sincerely,
Vito Torchia, Jr.
My Response
Mr Torchia brings up some good points in his response worth pondering. He says that people should not be found guilty first and are entitled to due process. I agree. I also agree that the defenders of people with chaste reputations can be an admirable pursuit. And I agree people deserve a vigorous defense, and Kutzner got one in Mr. Torchia’s response.
But this issue is not about the law, it’s about politics and public perception.
The issues surrounding the article are one of continuance or inheritance, not of facts of wrongdoing by Brookstone Law.
I learned a long time ago that in the debt relief world, consumers that use debt relief services are first cast as a disadvantaged class of consumers that need a greater degree of protection than your average consumer. Regulators look at them the same way.
Consumers who “feel” harmed by debt relief companies are rightly or wrongly, first perceived as victims, It might not be fair but that’s the way it works.
Do You Have a Question You'd Like Help With? Contact Debt Coach Damon Day. Click here to reach Damon.
So I applaud Mr. Torchia’s defense of Damian Kutzner but I’m not sure I get it. If consumers are viewed as a disadvantaged class of consumers then why even associate or continues to let an individual with such a public track record of issues be anywhere near the debt relief services, in front of or behind the scenes?
Torchia makes the statement that Kutzner is not an attorney but the general public may not come to that conclusion when the Linkedin profile of Kutzner says he is the owner of The Lawyers Agency and attended University of San Diego School of Law. – Source. That in itself does not mean he’s attorney but a casual person may draw such an inference of influence with an employing law firm.
Certainly Kutzner can’t be the only consultant with the skills necessary to assist Brookstone Law so why not just bring on a different consultant with a less checkered past in the debt relief world and break this chain of inheritance? That’s the point I can’t figure out and that’s what makes it appear there is more to the story. If Brookstone wants to start over and make a clean start then it made a bad political and public relations decision, not an illegal one.
This article is not a process of the court but one of the court of public opinion. Mr. Torchia’s position is “To be very clear: I concluded there were no ethical issues given the constraints under which Mr. Kutzner would be engaged and I concluded that I would be a very shallow person if I permitted public relations to determine who I should or should not hire.” So that’s where it will stand and the public will reach it’s own verdict.
Update: March 25, 2011 – Amended Complaint by Bankruptcy Court
On March 25, 2011 the bankruptcy Trustee filed an amended complaint against Brookstone Law in which the Trustee said:
- The Trustee is informed, believes and therefore alleges that Mr. Kutzner is officially only the COO of Brookstone.
- However, the Trustee is informed, believes and therefore alleges that in fact Mr. Kutzner has an undisclosed interest in Brookstone.
- On or about the end of the year 2009 or the beginning of the year 2010, Brookstone entered into an employment contract with Mr. Kutzner contractually obligating Brookstone to pay Mr. Kutzner an annual salary of $390,000.
- The Trustee is informed, believes and therefore alleges that most of the Transfers to Brookstone were then subsequently transfered by Brookstone to Mr. Torchia and Mr. Kutzner.
- The Trustee is informed and believes and therefore alleges that Brookstone transferred most of the $471,000 of Debtor Revenue Stream, the exact amount of which will be determined at the time of trial, to Mr. Torchia and Mr. Kutzner. – Source
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Just a note that the lawsuit filed against ULG in federal and state court –the attorney representing the plaintiffs here flat out named almost every single employee there, including Judy Contino who is HR, David Johnson and Ruel Caneda, both of whom were only associate attorneys. Â David worked there for a couple weeks and Ruel worked there for a couple of months. Â It is sad that the lawsuit missed some of the larger players and named a bunch of employees, including a receptionist, who had nothing to do with the decisions of ULG.
Just a note that the lawsuit filed against ULG in federal and state court –the attorney representing the plaintiffs here flat out named almost every single employee there, including Judy Contino who is HR, David Johnson and Ruel Caneda, both of whom were only associate attorneys. David worked there for a couple weeks and Ruel worked there for a couple of months. It is sad that the lawsuit missed some of the larger players and named a bunch of employees, including a receptionist, who had nothing to do with the decisions of ULG.
Steve, you are an honorable man, and what you do is a good thing. Please keep up the good work.
Your information is incorrect. I never said that.
Your information is incorrect. I never said that.
Steve, you are an honorable man, and what you do is a good thing. Please keep up the good work.
but, but, but who will by their coke now?
Instead of asking for donations from people to read your blog, why don’t you get a job??
Well Damian Kutzner, Vito and the folks over at Brookstone will come back with plenty of PROPAGANDA on why this… and that… and this… and that…, but the reality is that without this Mass Joinder shield they will only be left with what are according to the DRE and Cal Bar non-compliant SB-94 loan mods.
Well looky looky -the government did it fro free:
Gov’t orders 14 lenders to reimburse homeowners
http://news.yahoo.com/s/ap/201…
Looks like Vito and Kutzner’s $5, 895 a pop theft-ride is over! WOOHOO!!!
boston67 – what say you to this:
I received a piece of mail in regards to a Mass Joinder lawsuit. When I called in to see what was going on I reached a company called Brookstone Law. After speaking with a representative by the name of Eddie about their “guaranteed” Mass Joinder offer and something else they called Loan-Litigation I did a little research on their law firm and their suit.
What I ended up finding out in the process was that if you receive a mailer for a Mass Joinder case against your lender, or if you have been solicited in any way about Mass Joinder suit versus your lender that you are supposed to contact the California Bar Association. They have indicated, “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
They also provide a Brookstone Law Complaint Hotline: 1-800-843-9053 or 1-213-765-1200 (outside California)
http://www.calbar.ca.gov/Conta…
https://getoutofdebt.org/26821/…
The Department of Real Estate has also released a warning in regards to the matter which can be seen by cutting and pasting the following address into your internet browser.
http://www.dre.ca.gov/pdf_docs…
ATTN:
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
Brookstone Law Complaint Hotline: 1-800-843-9053 or 1-213-765-1200 (outside California)
http://www.calbar.ca.gov/Conta…
https://getoutofdebt.org/26821/…
https://getoutofdebt.org/26821/…
Never any response to the facts and the real world we live in. Just want to nit pick about nothing. Fact is Brookstone Law is engaging in activities that are going to get them in a lot of trouble. But, for Vito and Damian that’s nothing new.
I am a reasonable person and I would not conclude that at all. A judge would tell you that you are not forced to participate in this blog. And, since you do so voluntarily others receive the right to rebuttal. While you might not like the rebuttals it is still within their rights (not to be confused with Wrights which are really WRONGS). So if you don’t like it, post your lies about companies being investigated by the FBI on another sight where what you call “reasonable” people are stupid enough to believe them. You’ve selected the wrong forum that’s all. Too bit thieves like yourself will get exposed on this site.
Oh by the way, I notice you have know opinion on what the DRE and California Bar are saying about this mass joinder matter.
Do tell.
Also, if you want whine like a baby every time someone disagrees with you about scamming innocent homeowners you are going to end of a very disenchanted fella. Maybe you should quit while you behind. It is so sad to watch you lose arguments day after day. In the words of Lloyd Christmas, “You’re one pathetic LOSER!”
I’m blah blah blah, and blah blah blah!
How do feel about what ULG did to these people?
http://www.trustlink.org/Revie…
and these people
http://www.trustlink.org/Ask-T…
and…
http://www.trustlink.org/Revie…
and
http://www.trustlink.org/Ask-T…
and…
http://www.trustlink.org/Ask-T…
So Ms. Frost- with 300 BBB complaints, a Federal Raid, 1000’s left with no results & attorney’s disbarred, and all the same players now at Brookstone, your position is “how do we know any law firm out there isnt a scam?
Now it’s documented that ULG told people to stop making their mortgage payments (John is one of those people) and then as their sale dates came closer, ULG told them not to worry… and then… Poof- But you still believe in the “general honesty of people”? Even their sales staff?… cause the same sales staff is now across the street, under a different street sign.
But that’s OK? I’m the pot stirrer? OK. Well I’ll keep stirring & you keep believing… Need your car loan modified by the way? or tax settlement work done? I know a guy…
How do I feel? Let’s say it this way. It’s a sick thing to loose your home and my heart goes out to all homeowners all over the country who the piggybanks have blindsided and put them out on the streets. The banks always say they want to help but their helping only does a disfavor. Now as far as the ULG? I think it falls into that “buyer be ware.” It’s hard not to trust anyone who says they can save your home. Talk a good talk and anyone will believe, right? I don’t like the fact that ULG clients lost their homes (if any did) but I would think they could still get restitution for their damages if they want it. Yes, it cost more money, but isn’t fighting for what is right worth the fight? As far as Brookstone being a scam? How do we know any Law Firm out there isn’t? So where it lies is, do your homework, go by your gut feeling (which never misguides you) and interview many firms before making a final decission. And do I still believe everything I read? I don’t anymore!… thanks to all the technology. However, I still believe in the general honesty of people…at least until what they have said proves itself to be a lie. 😉 And I do believe there are many Pot Stirrers out there. What’s in your pot?
Nancy Frost.
.
My name is John Wright AND I AM FIGHTING BACK!
For the record- I removed the comment- in hopes John Wright will simply shut up about it.
Happy john?
Now… You say->
“However, it is absolutely true that I did not openly promote ULG on my blog, because I was aware of the complaints that had come in. A few times people would say they wanted to go where I went, and I would say “wait…wait…..I want you to know there is a lot of complaints, and I have nothing to do with if it goes wrong.”
Why did you have links to their website then? Why do you now have Brookstone links- direct to their site, that say JOIN MY LAWSUIT?
What issue did I go after John about?
What are the “all kinds of false accusations” you claim a commenter posted?
If you have an issue with another commenter ComplianceSlave, go after them, not me.
What have I gone after John about?
The ONLY thing I have at issue with John is that he is now marketing for Brookstone Law- Just as he had for the now bankrupt ULG. THOUSANDS lost their $ they paid ULG to modify their loan. If you have read anything on this site, you know that Brookstone is just another house of cards like ULG- same players, more money.
I asked John several times why he promotes these companies. He claims that the more people joining his lawsuit, some how, the better off he is. OK, then WHY was he promoting ULG? I also asked him several times if he feels any sorrow if, in fact, at his persuasion, perhaps 100’s sent their money to ULG and STILL lost their homes-
The California AG has issued a warning about these Mass Joinder’s- Do you take issue with that? Or is the CA AG out of his mind?
If John’s helped people then good for him- But as long as he is marketing for these guys… He’s the bad guy
If you really want to help people, why don’t you advise them to go and see documentary “Inside Job” http://www.sonyclassics.com/in… Why don’t you try to expose some real evil doers here? Are you afraid of the Wall Street? Steve lets garbage like you to post all kind of false accusations about John’s persona around here, and when John call him on it, the answer is: “So what in this world does your apparent disagreement with another commenter have to do with a protest of this site?” Funny how he didn’t go after faceless character ComplianceSlave for smearing John’s honest work, but he’s always ready to jump on piggybankblog? Why is that? Who is paying you guys? Why don’t you protect us against banks and all this white collar crime that gave a room for the existence of ULG??
If you really want to help people, why don’t you try to protect an honest person like John? He is only the Brookstone Law client who had invested two years of his life helping others? Have you ever been on his chat in the middle of the night while he was trying to work out some issues that his bloggers had? Do you know how many people wrote to him on the edge of suicide? No, of course you don’t know, because you don’t care about little people Steve. You just pretend to care!
What did John ever do wrong, but just tried to help everyone with so much useful information on his blog? Have you read anything on his blog? Do you know that because of people like John, I was finally able to have a decent conversation with BofA customer service just this morning?? Before, they would just sent you to their black holes, and that is the same thing that you and your faceless commenters are trying to do here. Shame on you and this site! Now, don’t think if I don’t answer on your comments, I’m gonne, no, we are all around here, but there is nothing I would have to add. I have said what I wanted in this post and you can go on and spread your garbage around, but sooner or later the truth will be out!
Steve,
If you really want to help people, why don’t you advise them to go and see documentary “Inside Job” http://www.sonyclassics.com/in… Why don’t you try to expose some real evil doers here? Are you afraid of the Wall Street? You can let your “commenter” post all kind of false accusations about John’s persona around here, and when John call you on it, you answer is: “So what in this world does your apparent disagreement with another commenter have to do with a protest of this site?” Funny how you didn’t go after this faceless garbage ComplianceSlave for smearing John’s honest work, but you’re always ready to jump on piggybankblog? Why is that? Who is paying you Steve? Why don’t you protect us against banks and all this white collar crime that gave a room for the existence of ULG??
If you really want to help people, why don’t you try to protect an honest person like John? He is only the Brookstone Law client who had invested two years of his life helping others? Have you ever been on his chat in the middle of the night while he was trying to work out some issues that his bloggers had? Do you know how many people wrote to him on the edge of suicide? No, of course you don’t know, because you don’t care about little people Steve. You just pretend to care!
What did John ever do wrong, but just tried to help everyone with so much useful information on his blog? Have either you or this character ComplianceSlave read anything on his blog? Are you afraid that John’s blog is somehow competing with you? Do you know that because of people like John, I was finally able to have a decent conversation with BofA customer service just this morning?? Before, they would just sent you to their black holes, and that is the same thing that you and your faceless commenters are trying to do here. Shame on you and this site! Now, don’t think if I don’t answer on your comments, I’m gonne, no, we are all around here, but there is nothing I would have to add. I have said what I wanted in this post and you can go on and spread your garbage around, but sooner or later the truth will be out!
More empty promises. I thought you already know who I am.
Prove it. Here’s your opportunity.
Lies…. lies…. lies….
According to all of “your spies” you already know. Tell you what John, guess right… I’ll buy you a pizza.
Guess wrong, You have to admit you are full of crap…
How does Ms. frost feel about the thousands who paid ULG and lost their homes?
Ive never emailed you John
Go ahead… Why not now?
Who is “we” John?
Not me John… Unless of course, your spies have proof otherwise…
Not me John… Unless of course, your spies have proof otherwise…
Go ahead… Why not now?
Who is “we” John?
How does Ms. frost feel about the thousands who paid ULG and lost their homes?
How do I feel? Let’s say it this way. It’s a sick thing to loose your home and my heart goes out to all homeowners all over the country who the piggybanks have blindsided and put them out on the streets. The banks always say they want to help but their helping only does a disfavor. Now as far as the ULG? I think it falls into that “buyer be ware.” It’s hard not to trust anyone who says they can save your home. Talk a good talk and anyone will believe, right? I don’t like the fact that ULG clients lost their homes (if any did) but I would think they could still get restitution for their damages if they want it. Yes, it cost more money, but isn’t fighting for what is right worth the fight? As far as Brookstone being a scam? How do we know any Law Firm out there isn’t? So where it lies is, do your homework, go by your gut feeling (which never misguides you) and interview many firms before making a final decission. And do I still believe everything I read? I don’t anymore!… thanks to all the technology. However, I still believe in the general honesty of people…at least until what they have said proves itself to be a lie. 😉 And I do believe there are many Pot Stirrers out there. What’s in your pot?
Nancy Frost.
.
My name is John Wright AND I AM FIGHTING BACK!
How do feel about what ULG did to these people?
http://www.trustlink.org/Reviews/United-Law-Group-Inc-205976174
and these people
http://www.trustlink.org/Ask-The-Community/Tag/United-Law-Group-Inc-1311
and…
http://www.trustlink.org/Reviews/United-Law-Group-Inc-206068299
and
http://www.trustlink.org/Ask-The-Community/Question/Other/Loan-modification-scams–2961
and…
http://www.trustlink.org/Ask-The-Community/Question/Business/Has-anyone-used-United-Law-Group-for-a-loan-modification-4616
So Ms. Frost- with 300 BBB complaints, a Federal Raid, 1000’s left with no results & attorney’s disbarred, and all the same players now at Brookstone, your position is “how do we know any law firm out there isnt a scam?
Now it’s documented that ULG told people to stop making their mortgage payments (John is one of those people) and then as their sale dates came closer, ULG told them not to worry… and then… Poof- But you still believe in the “general honesty of people”? Even their sales staff?… cause the same sales staff is now across the street, under a different street sign.
But that’s OK? I’m the pot stirrer? OK. Well I’ll keep stirring & you keep believing… Need your car loan modified by the way? or tax settlement work done? I know a guy…
According to all of “your spies” you already know. Tell you what John, guess right… I’ll buy you a pizza.
Guess wrong, You have to admit you are full of crap…
If you really want to help people, why don’t you advise them to go and see documentary “Inside Job” http://www.sonyclassics.com/in… Why don’t you try to expose some real evil doers here? Are you afraid of the Wall Street? Steve lets garbage like you to post all kind of false accusations about John’s persona around here, and when John call him on it, the answer is: “So what in this world does your apparent disagreement with another commenter have to do with a protest of this site?” Funny how he didn’t go after faceless character ComplianceSlave for smearing John’s honest work, but he’s always ready to jump on piggybankblog? Why is that? Who is paying you guys? Why don’t you protect us against banks and all this white collar crime that gave a room for the existence of ULG??
If you really want to help people, why don’t you try to protect an honest person like John? He is only the Brookstone Law client who had invested two years of his life helping others? Have you ever been on his chat in the middle of the night while he was trying to work out some issues that his bloggers had? Do you know how many people wrote to him on the edge of suicide? No, of course you don’t know, because you don’t care about little people Steve. You just pretend to care!
What did John ever do wrong, but just tried to help everyone with so much useful information on his blog? Have you read anything on his blog? Do you know that because of people like John, I was finally able to have a decent conversation with BofA customer service just this morning?? Before, they would just sent you to their black holes, and that is the same thing that you and your faceless commenters are trying to do here. Shame on you and this site! Now, don’t think if I don’t answer on your comments, I’m gonne, no, we are all around here, but there is nothing I would have to add. I have said what I wanted in this post and you can go on and spread your garbage around, but sooner or later the truth will be out!
The ONLY thing I have at issue with John is that he is now marketing for Brookstone Law- Just as he had for the now bankrupt ULG. THOUSANDS lost their $ they paid ULG to modify their loan. If you have read anything on this site, you know that Brookstone is just another house of cards like ULG- same players, more money.
I asked John several times why he promotes these companies. He claims that the more people joining his lawsuit, some how, the better off he is. OK, then WHY was he promoting ULG? I also asked him several times if he feels any sorrow if, in fact, at his persuasion, perhaps 100’s sent their money to ULG and STILL lost their homes-
The California AG has issued a warning about these Mass Joinder’s- Do you take issue with that? Or is the CA AG out of his mind?
If John’s helped people then good for him- But as long as he is marketing for these guys… He’s the bad guy
What have I gone after John about?
For the record- I removed the comment- in hopes John Wright will simply shut up about it.
Happy john?
Now… You say->
“However, it is absolutely true that I did not openly promote ULG on my blog, because I was aware of the complaints that had come in. A few times people would say they wanted to go where I went, and I would say “wait…wait…..I want you to know there is a lot of complaints, and I have nothing to do with if it goes wrong.”
Why did you have links to their website then? Why do you now have Brookstone links- direct to their site, that say JOIN MY LAWSUIT?
Im rubber… Your glue John
John,
In reviewing the comment I think you are upset about it was ” I REALLY want to know what he is getting from Torch for doing all that BS marketing. I hope he gets found out (FBI are you listening?) and goes to prison.” Is that the remark you are claiming is abuse? How is that remark abusive?
The commenter said the issue they had with you was “BS marketing.”
As far as screen names, anyone can use whatever name they want. That is not a function I created but one created by the commenting software. And that is not unique to this site. That practice exists on the vast majority of forums, boards, and commenting platforms.
What about the false accusations you made against that same commenter and against me? How do I deal with those?
On top of those now you are making false statements against me that I have an agenda against Brookstone, urge others to comment against you, and somehow act on behalf of advertisers that I don’t have any interaction with.
The video in question I already discussed with you. It was the infamous Jessi Slaughter video that was covered by many media outlets. Let’s put it into proper context. The video was there not to exploit the video but for it to serve as an example of how not to respond.
That moment has passed and the terms are not harmed by removing it, so what the hell I removed the video and the other one by the user commenting on the first.
So what in this world does your apparent disagreement with another commenter have to do with a protest of this site?
John,
In reviewing the comment I think you are upset about it was ” I REALLY want to know what he is getting from Torch for doing all that BS marketing. I hope he gets found out (FBI are you listening?) and goes to prison.” Is that the remark you are claiming is abuse? How is that remark abusive?
The commenter said the issue they had with you was “BS marketing.”
As far as screen names, anyone can use whatever name they want. That is not a function I created but one created by the commenting software. And that is not unique to this site. That practice exists on the vast majority of forums, boards, and commenting platforms.
What about the false accusations you made against that same commenter and against me? How do I deal with those?
On top of those now you are making false statements against me that I have an agenda against Brookstone, urge others to comment against you, and somehow act on behalf of advertisers that I don’t have any interaction with.
The video in question I already discussed with you. It was the infamous Jessi Slaughter video that was covered by many media outlets. Let’s put it into proper context. The video was there not to exploit the video but for it to serve as an example of how not to respond.
That moment has passed and the terms are not harmed by removing it, so what the hell I removed the video and the other one by the user commenting on the first.
So what in this world does your apparent disagreement with another commenter have to do with a protest of this site?
Steve,
If you really want to help people, why don’t you advise them to go and see documentary “Inside Job” http://www.sonyclassics.com/insidejob/? Why don’t you try to expose some real evil doers here? Are you afraid of the Wall Street? You can let your “commenter” post all kind of false accusations about John’s persona around here, and when John call you on it, you answer is: “So what in this world does your apparent disagreement with another commenter have to do with a protest of this site?” Funny how you didn’t go after this faceless garbage ComplianceSlave for smearing John’s honest work, but you’re always ready to jump on piggybankblog? Why is that? Who is paying you Steve? Why don’t you protect us against banks and all this white collar crime that gave a room for the existence of ULG??
If you really want to help people, why don’t you try to protect an honest person like John? He is only the Brookstone Law client who had invested two years of his life helping others? Have you ever been on his chat in the middle of the night while he was trying to work out some issues that his bloggers had? Do you know how many people wrote to him on the edge of suicide? No, of course you don’t know, because you don’t care about little people Steve. You just pretend to care!
What did John ever do wrong, but just tried to help everyone with so much useful information on his blog? Have either you or this character ComplianceSlave read anything on his blog? Are you afraid that John’s blog is somehow competing with you? Do you know that because of people like John, I was finally able to have a decent conversation with BofA customer service just this morning?? Before, they would just sent you to their black holes, and that is the same thing that you and your faceless commenters are trying to do here. Shame on you and this site! Now, don’t think if I don’t answer on your comments, I’m gonne, no, we are all around here, but there is nothing I would have to add. I have said what I wanted in this post and you can go on and spread your garbage around, but sooner or later the truth will be out!
What issue did I go after John about?
What are the “all kinds of false accusations” you claim a commenter posted?
If you have an issue with another commenter ComplianceSlave, go after them, not me.
ATTN:
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
Brookstone Law Complaint Hotline: 1-800-843-9053 or 1-213-765-1200 (outside California)
http://www.calbar.ca.gov/ContactUs.aspx
https://getoutofdebt.org/26821/have-you-been-approached-for-or-paid-for-mass-joinder-mortgage-litigation-services
https://getoutofdebt.org/26821/have-you-been-approached-for-or-paid-for-mass-joinder-mortgage-litigation-services
Never any response to the facts and the real world we live in. Just want to nit pick about nothing. Fact is Brookstone Law is engaging in activities that are going to get them in a lot of trouble. But, for Vito and Damian that’s nothing new.
boston67 – what say you to this:
I received a piece of mail in regards to a Mass Joinder lawsuit. When I called in to see what was going on I reached a company called Brookstone Law. After speaking with a representative by the name of Eddie about their “guaranteed” Mass Joinder offer and something else they called Loan-Litigation I did a little research on their law firm and their suit.
What I ended up finding out in the process was that if you receive a mailer for a Mass Joinder case against your lender, or if you have been solicited in any way about Mass Joinder suit versus your lender that you are supposed to contact the California Bar Association. They have indicated, “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
They also provide a Brookstone Law Complaint Hotline: 1-800-843-9053 or 1-213-765-1200 (outside California)
http://www.calbar.ca.gov/ContactUs.aspx
https://getoutofdebt.org/26821/have-you-been-approached-for-or-paid-for-mass-joinder-mortgage-litigation-services
The Department of Real Estate has also released a warning in regards to the matter which can be seen by cutting and pasting the following address into your internet browser.
http://www.dre.ca.gov/pdf_docs/ca/ConsumeAlert_WarningreMassLitigation.pdf
Well looky looky -the government did it fro free:
Gov’t orders 14 lenders to reimburse homeowners
http://news.yahoo.com/s/ap/20110413/ap_on_bi_ge/us_foreclosure_reimbursed
Looks like Vito and Kutzner’s $5, 895 a pop theft-ride is over! WOOHOO!!!
Well Damian Kutzner, Vito and the folks over at Brookstone will come back with plenty of PROPAGANDA on why this… and that… and this… and that…, but the reality is that without this Mass Joinder shield they will only be left with what are according to the DRE and Cal Bar non-compliant SB-94 loan mods.
but, but, but who will by their coke now?
Least not a crook.
John Wrong – the Piggy Bank Crook
Yes, you are.
Yes, you are.
If you say so. But, “John’s a tool” is not the guy trying to help scam homeowner’s of their hard earned money. You are. The purpose of the site is to prevent people like yourself from stealing money from consumers. Not enabling them to do so.
If you say so. But, “John’s a tool” is not the guy trying to help scam homeowner’s of their hard earned money. You are. The purpose of the site is to prevent people like yourself from stealing money from consumers. Not enabling them to do so.
Yes, Steve. Piggybankblog is on the up and up. Let’s listen to him.
Yes, Steve. Piggybankblog is on the up and up. Let’s listen to him.
And I suppose your real name is “Piggybankblog?”
And I suppose your real name is “Piggybankblog?”
Mr. John Wrong there is plenty sufficient evidence that refutes Kutzner and your legal position in this matter. As you indicate, this evidence will be presented at trial. But, in the meantime there is no need to allow Kutzner to continue to steal money from innocent homeowners.
That is why the California Department of Real Estate and the California Bar are stepping in.
ATTN:
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
Brookstone Law Complaint Hotline: 1-800-843-9053 or 1-213-765-1200 (outside California)
http://www.calbar.ca.gov/Conta…
https://getoutofdebt.org//26821/…
http://www.dre.ca.gov/pdf_docs…
Once people give Kuztner their money they will never see it again, just like ULG all over. The regulators know this. That’s why they are all over him and Crookstone Law now. I’m thankful that they are being proactive in countering Kutzner’s fraud. It will help save thousands of dollars for people who can ill afford to lose their hard earn money. Mr. Wrong if you disagree contact the Department of Real Estate and the California Bar direct, don’t waste your time on this site. If you are really so high and mighty justify your position to them. As soon as Crookstone gets shut down you will have that opportunity. In the meantime people aren’t just going to sit by and watch you help steal money from innocent homeowners. That’s a crock! And, you’re a crock!
To be sure to mention, and a fool.
And, a clown.
John, you are a tool.
You have been clear. At least to my thinking.
I feel I have been too.
Clarity is where I was going. There is more to the story than loan mods and joinders. There is more to the story between ULG and Brookstone, as can be seen from the ongoing court documents.
The trustee is (and from the looks of it, will continue) doing what can be done within their purview. If a criminal referral is to be made, it may later be made by the judge.
You said: “I am simply not going to pre-judge and convict a person before they have had their day in court. In this country, all our innocent until proven guilty. Has criminal charges been brought against the COO in this context?”
Are you not calling banks out with a version of pre-judging and convicting on a near daily basis? Moyni-whats-his-bucket heading up BofA has not been brought up on criminal charges. He is innocent too then, right?
I am no bank apologist. All the national banks should be resolved under Dodd Frank the moment those attributes of the law go live as far as I am concerned.
Clarity is my goal. That is all.
Oh, so to be clear, You’ll stop “indirectly promoting” them when they have “hundreds of complaints” like the last company you indirectly promoted.
John- I am sorry. Forgive me, I mis read your statement. It has been a long day.
John, I will ask: How many permanent home loan modifications did ULG do? Thanks in advance for the answer.
What you may fail to recognize is that the BK trustee filing referenced by steve that your above comment is responding to is not related to the personal residences in any way.
The Trustee filing outlines the debt settlement business of ULG being signed over to Brookstone in a way that is alleged to be voidable using several points of established law. The BK trustee is doing their job is all.
I find the fees that are alleged to have been being charged to consumers for the ULG debt settlement service troubling. Morgan Drexen was apparently doing the back end servicing and may still be.
John, what do you know about California bankruptcy proceedings?
What do you know about adversarial proceedings in BK courts and what types of transactions can be voided?
The BK Trustee motion is not about banks and their bad acts. It is not about residential loans. It is about established black letter law and whether those laws can and should be used to claw back moneys from what is alleged as an intended fraudulent transfer, and frankly, the trustees position makes sense.
And Im certain Brookstone gets a copy from the BBB & if you’re correct, they will take it down.
But you just said “With that being said, if I start to see any complaints that come in about Brookstone , such as did with ULG………..I will stop indirectly promoting them. I can promise you that.”
Did you not?
1 complaint
http://www.la.bbb.org/Business…
Only guessing, but… More to come.
Weird….
According to the FTC that’s not possible (or at least legal)- http://www.ftc.gov/opa/2009/07…
The agreed-upon court order announced today bans Kutzner and anyone working with him from participating in telemarketing to consumers, and from helping others involved in telemarketing to consumers, for five years. It also permanently bars Kutzner from violating the Telemarketing Sales Rule, as well as its Do Not Call provisions, which include calling consumers on the National Do Not Call Registry, failing to provide accurate caller ID information, calling consumers who have said they do not want to be called, and abandoning calls.
That’s actually kind of funny where it “bars him from violating the TSR”… Whaaaaaat
Update: March 25, 2011 – Amended Complaint by Bankruptcy Court
On March 25, 2011 the bankruptcy Trustee filed an amended complaint against Brookstone Law in which the Trustee said: (you can find the link to the complaint in this update posted in the above story)
The Trustee is informed, believes and therefore alleges that Mr. Kutzner is officially only the COO of Brookstone.
However, the Trustee is informed, believes and therefore alleges that in fact Mr. Kutzner has an undisclosed interest in Brookstone.
On or about the end of the year 2009 or the beginning of the year 2010, Brookstone entered into an employment contract with Mr. Kutzner contractually obligating Brookstone to pay Mr. Kutzner an annual salary of $390,000.
The Trustee is informed, believes and therefore alleges that most of the Transfers to Brookstone were then subsequently transfered by Brookstone to Mr. Torchia and Mr. Kutzner.
The Trustee is informed and believes and therefore alleges that Brookstone transferred most of the $471,000 of Debtor Revenue Stream, the exact amount of which will be determined at the time of trial, to Mr. Torchia and Mr. Kutzner.
Weird….
According to the FTC that’s not possible (or at least legal)- http://www.ftc.gov/opa/2009/07/globalmgt.shtm
The agreed-upon court order announced today bans Kutzner and anyone working with him from participating in telemarketing to consumers, and from helping others involved in telemarketing to consumers, for five years. It also permanently bars Kutzner from violating the Telemarketing Sales Rule, as well as its Do Not Call provisions, which include calling consumers on the National Do Not Call Registry, failing to provide accurate caller ID information, calling consumers who have said they do not want to be called, and abandoning calls.
That’s actually kind of funny where it “bars him from violating the TSR”… Whaaaaaat
John, I will ask: How many permanent home loan modifications did ULG do? Thanks in advance for the answer.
What you may fail to recognize is that the BK trustee filing referenced by steve that your above comment is responding to is not related to the personal residences in any way.
The Trustee filing outlines the debt settlement business of ULG being signed over to Brookstone in a way that is alleged to be voidable using several points of established law. The BK trustee is doing their job is all.
I find the fees that are alleged to have been being charged to consumers for the ULG debt settlement service troubling. Morgan Drexen was apparently doing the back end servicing and may still be.
John, what do you know about California bankruptcy proceedings?
What do you know about adversarial proceedings in BK courts and what types of transactions can be voided?
The BK Trustee motion is not about banks and their bad acts. It is not about residential loans. It is about established black letter law and whether those laws can and should be used to claw back moneys from what is alleged as an intended fraudulent transfer, and frankly, the trustees position makes sense.
Clarity is where I was going. There is more to the story than loan mods and joinders. There is more to the story between ULG and Brookstone, as can be seen from the ongoing court documents.
The trustee is (and from the looks of it, will continue) doing what can be done within their purview. If a criminal referral is to be made, it may later be made by the judge.
You said: “I am simply not going to pre-judge and convict a person before they have had their day in court. In this country, all our innocent until proven guilty. Has criminal charges been brought against the COO in this context?”
Are you not calling banks out with a version of pre-judging and convicting on a near daily basis? Moyni-whats-his-bucket heading up BofA has not been brought up on criminal charges. He is innocent too then, right?
I am no bank apologist. All the national banks should be resolved under Dodd Frank the moment those attributes of the law go live as far as I am concerned.
Clarity is my goal. That is all.
You have been clear. At least to my thinking.
I feel I have been too.
Mr. John Wrong there is plenty sufficient evidence that refutes Kutzner and your legal position in this matter. As you indicate, this evidence will be presented at trial. But, in the meantime there is no need to allow Kutzner to continue to steal money from innocent homeowners.
That is why the California Department of Real Estate and the California Bar are stepping in.
ATTN:
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
Brookstone Law Complaint Hotline: 1-800-843-9053 or 1-213-765-1200 (outside California)
http://www.calbar.ca.gov/ContactUs.aspx
https://getoutofdebt.org/26821/have-you-been-approached-for-or-paid-for-mass-joinder-mortgage-litigation-services
http://www.dre.ca.gov/pdf_docs/ca/ConsumeAlert_WarningreMassLitigation.pdf
Once people give Kuztner their money they will never see it again, just like ULG all over. The regulators know this. That’s why they are all over him and Crookstone Law now. I’m thankful that they are being proactive in countering Kutzner’s fraud. It will help save thousands of dollars for people who can ill afford to lose their hard earn money. Mr. Wrong if you disagree contact the Department of Real Estate and the California Bar direct, don’t waste your time on this site. If you are really so high and mighty justify your position to them. As soon as Crookstone gets shut down you will have that opportunity. In the meantime people aren’t just going to sit by and watch you help steal money from innocent homeowners. That’s a crock! And, you’re a crock!
Update: March 25, 2011 – Amended Complaint by Bankruptcy Court
On March 25, 2011 the bankruptcy Trustee filed an amended complaint against Brookstone Law in which the Trustee said: (you can find the link to the complaint in this update posted in the above story)
The Trustee is informed, believes and therefore alleges that Mr. Kutzner is officially only the COO of Brookstone.
However, the Trustee is informed, believes and therefore alleges that in fact Mr. Kutzner has an undisclosed interest in Brookstone.
On or about the end of the year 2009 or the beginning of the year 2010, Brookstone entered into an employment contract with Mr. Kutzner contractually obligating Brookstone to pay Mr. Kutzner an annual salary of $390,000.
The Trustee is informed, believes and therefore alleges that most of the Transfers to Brookstone were then subsequently transfered by Brookstone to Mr. Torchia and Mr. Kutzner.
The Trustee is informed and believes and therefore alleges that Brookstone transferred most of the $471,000 of Debtor Revenue Stream, the exact amount of which will be determined at the time of trial, to Mr. Torchia and Mr. Kutzner.
Oh- You used a disclaimer when you told people to go to ULG. Oh- I’m sorry. Nevermind.
Why not just upload it to your server and post a link to it?
And how about your false statements about me and threats to attack this site because you have a dispute with someone else?
Don’t suck me into your fight and produce the evidence you said you could produce. Dealing with your battle with someone else has caused me an injury today. Leave me out of it.
Financial injury John?
Here are John Wright’s favorite friends- http://www.ftc.gov/opa/2009/07…
He Thank’s God for them…
Sounds like a trustworthy guy. Great advice as always John. Keep up the good fight!
John,
You said in a recent previous comment “This person better remove this crap, because I know who they are. I have names, address, phone numbers and companies that paid their checks to do it. I had spies within that law firm who was there at that meeting. I have everything right here. I will post it unless this is removed, because it is illegal what they did! “
But you have not produced it either. Who is supposed to produce what? It seems you offered to go first. I’m interested to see what you’ve got. Please post it.
John- You seem to be a sick man.
Here- My quote “He made himself look like such a scam it was incredible-” I didn’t say YOU were a scam.
Then I said “I wish he didn’t stop. Is he a real person? I REALLY want to know what he is getting from Torch for doing all that BS marketing. I hope he gets found out (FBI are you listening?) and goes to prison. ” Right there John, I’m wondering WHY you would provide marketing for these guys. That’s all.
You admit you promoted for ULG and thousands lost their homes & money to ULG. Maybe it’s you that should apologize.
How many people read your blog or saw your testimonial for ULG and then decided to sign up & lost their homes in the process? Don’t you feel ANY responsibility?
You were a paid marketer for ULG, and now you are marketing for Brookstone. The FBI raided your previous benefactor and disbarred the attorneys YOU told people to trust. That is what the FBI comment is about. If you are now marketing for another company wearing different lip stick, I am just wonnnnnnnnnnnnnnndering, WHY?
Oh… My bad John. Thank you for showing me the light! What was I thinking?
I must have been crazy!
Where do I sign?
Thanks in advance John for helping me save my home!
Shenanigannnnnnnnnns
This is who you “were” with- Right John? Did you produce “supporters” for your lawsuit while you were a client of a law firm with 301 BBB complaints?
http://www.la.bbb.org/Business…
To practice law in the State of Calfiornia, attorneys are required to be admitted and active with the State Bar of California. On July 7, 2009 a Notice of Disciplinary Proceedings was filed by the California Bar Association charging Mr. Rutledge with attorney misconduct. On September 21, 2009 the California Bar Association announced that this law firm and another of its principals, Robert Buscho are under investigation in connection with “misconduct related to loan modification businesses.” Although Bar investigations are generally confidential until formal charges are filed, confidentiality may be waived when warranted for protection of the public. The investigations are currently pending. The case is currently pending. For the most up-to-date information on licensing status, contact the State Bar of California at (415) 538-2000, or visit their website at: http://www.calbar.ca.gov.
Description: On Ausust 4, 2009, the State Bar announced they charged this company’s principal, Sean Rutledge with seven counts of misconduct in handling a loan modification for a consumer who paid an advance $3,500 fee. According to the Bar, Rutledge never took any action to negotiate with the consumers’ mortgage lender. As part of his retainer agreement, Rutledge required the client to provide bank account information both to him and to Kirkland Holdings Ltd. Rutledge had an “outsourcing services agreement†with KHL, which was to provide “maintenance of legal services,†including maintaining records related to client funds and responding to client inquiries about their money. Some of that information was protected by the attorney-client privilege and should not have been made available to KHL. According to the bar charges, Rutledge attempted to withdraw funds from the clients bank account several times; each time,the client directed the bank to deny the request and was charged a $30 fee. The client eventually fired Rutledge, who agreed to refund his fee only if he client signed a release of professional liability. Rutledge did not refund the fee for several months. The bar is seeking Rutledge’s disbarment; he has a hearing before the State Bar Court Aug. 11.
If you want people to start suing for untrue statements I’d have to toss you in that bucket. The things you just said about me are not true.
How am I competitor? I have never been charged with fraud nor did I “own” a get out of debt company. I was the president of a nonprofit credit counseling group which do not have an owner since they are non-stock companies.
If there is anything that I have written that is untrue, please bring it to my attention so we can talk about it.
As for what others say, if you don’t like it please feel free to take that up with them.
Please feel free to post the information and let’s get to the bottom of it.
I’m calling “Shenanigans”…
Wait, I’m confused.
We’ve got Damian Kutzner controlling this company (Brookstone Law). Damian also controlled United Law Group.
VITO TORCHIA,JR. MANAGING ATTORNEY, BROOKSTONE, Vito was an attorney from United Law Group, and is now new new lead PUPPET attorney to replace Sean Rutledge who was disbarred at United Law Group.
MANY of the same employees at Brookstone Law that there were at United Law Group.
The same money that United Law Group stole from innocent homeowners going into Brookstone Law.
California Department of Real Estate with an extreme interest in the activities of Brookstone Law just like they had with United Law Group.
The California Bar with a huge interest in the activities at Brookstone Law just like they had with United Law Group.
How is this not the SAME scam as United Law Group?
I’m calling this place to the carpet. Vito’s statements are the biggest load of bull ever. I give Brookstone Law 60 days before they end up with the same fate as United Law Group.
It’ll be interesting to see what the name of their new company is when “Brookstone Law” gets shutdown and they forward into the next. We all know as long as crime keeps paying Kutzner will continue to keep doing it. He’s not even allowed to be involved with a company that uses telephones to solicit. So Brookstone Law and Damian Kutzner are in violation of his agreement with the FTC. 60 days.
Wait, I’m confused.
We’ve got Damian Kutzner controlling this company (Brookstone Law). Damian also controlled United Law Group.
VITO TORCHIA,JR. MANAGING ATTORNEY, BROOKSTONE, Vito was an attorney from United Law Group, and is now new new lead PUPPET attorney to replace Sean Rutledge who was disbarred at United Law Group.
MANY of the same employees at Brookstone Law that there were at United Law Group.
The same money that United Law Group stole from innocent homeowners going into Brookstone Law.
California Department of Real Estate with an extreme interest in the activities of Brookstone Law just like they had with United Law Group.
The California Bar with a huge interest in the activities at Brookstone Law just like they had with United Law Group.
How is this not the SAME scam as United Law Group?
I’m calling this place to the carpet. Vito’s statements are the biggest load of bull ever. I give Brookstone Law 60 days before they end up with the same fate as United Law Group.
It’ll be interesting to see what the name of their new company is when “Brookstone Law” gets shutdown and they forward into the next. We all know as long as crime keeps paying Kutzner will continue to keep doing it. He’s not even allowed to be involved with a company that uses telephones to solicit. So Brookstone Law and Damian Kutzner are in violation of his agreement with the FTC. 60 days.
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)
https://getoutofdebt.org//26821/…
http://www.calbar.ca.gov/Conta…
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.
As stated before everyone would here more from me about Brookstone Law. They are located in Newport Beach at 4000 MacArthur suite #10 but the website says that they are suite 11. They use intimidation techniques against their employees. The place is being operated at the top by Damian Kutzner & Vito Torchia, Jr. (“the puppet lawyer”). Then they have these two weasels that lie and deceive employees. Eddie Brown and Jonathan Mansfield are the two creeps that assist Damian and Vito. Eddie & Jonathan like to constantly remind and tell the employees that there is a guy waiting in line for a job. So, they are able to trick people to work 12 hours per day M-F, on Sat. 5 hours not paying for over time! They get away with this because they contract people, the labor board should still get involved. They pretend to pay a salary and they lie about that as well. They tell you that you will be paid a certain dollar amount and come pay day it is not that dollar amount it is much less then what they initially promised. Then they change it up for the next pay period and it will still be less than what was promised!! Honestly, find another firm to do your legal work with. Brookstone is a den of thieves and crooks!! Eddie and Jonathan are well trained in the art of manipulation and deception. They all know that this economy is tough and they are taking advantage of both sides, the clients and employees. I highly recommend people to go to a BONAFIDE law firm not Brookstone!
It is all true!! I work at Brookstone Law and I am planning to leave soon!! The entire situation there is very shady. When you get a phone call from them they make it sound as if they are some sort of official sounding group that will lead a case against the banks. They won’t tell you how much it will cost you to join until they have worked your emotions. The employees are also trained and hired based off of playing the emotions of the people they call (“clients”). It is true that Vito is the puppet of Kutzner and Kutzner is operating the business. This place is making lots of money and they make make their sales people tell people it is a sure thing with the way they will go after the banks. Even when you get hired there as an employee they lie to you. I would not pay or trust these people to do ANY legal work. They lie to their own employees on the inside and they are definitely will lying to and deceiveing their clients. Let’s face it here are plenty other law firms out there. Brookstone shouldn’t even be an option at all. Like I said there are plenty of other law firms out there.
They also work their employees 10-12 hours a day 6 days a week. They get away with it by contracting their employees as “independent contractors” and they pay their employees through a “so called temp agency” from a corp. in Nevada. What they are doing is totally illegal and I hope that they get what they deserve. They play with the emotions of employees and their clients. Vito Torchia’s rebuttal is laughable and just part of the smoke and mirrors!!! This place should be investigated further!!!!!! You all will hear more from me I will be quitting this next pay period..
If you got too high and lost yours use Damian’s.
Yeah sure. Yes, take another hit off the old crack pipe Vito.
A MESSAGE FROM VITO TORCHIA,JR. MANAGING ATTORNEY, BROOKSTONE LAW PC
Please be aware that people continue to use anonymous negative postings on the Internet to defame Brookstone Law, PC, and its attorneys and staff. They are posing as alleged clients or alleged potential clients and these claims are wholly untrue fabrications intended only to harm the public and impair our ability to serve our current and potential clientele.
The posted accusations are false statements created to try to prohibit Brookstone Law from helping homeowners. Brookstone Law is not affiliated in any way with the organizations or individuals we believe are posting these false statements, including K2 Law, Matt Davis, Esq., or Mass Litigation Alliance, and their affiliates, associates and Ambassadors. Please also note these posts are not from clients of Brookstone Law, PC. In fact, positive unsolicited endorsements of our services from Brookstone Law PC clients may be found on our website at http://www.brookstone-law.com. Information from Brookstone Law regarding these false and defamatory postings is here: http://www.sfgate.com/cgi-bin/… If you are a client of Brookstone Law, PC, please contact us with any questions at the phone number or email address below.
We welcome any legitimate comments or inquiries about Brookstone Law, PC, its attorneys, staff or services and will gladly and personally respond to them. For immediate assistance or information, please contact our Consumer Protection Department at (800) 489-0734 or at ConsumerAlert@Brookstone-Law.com.
A MESSAGE FROM VITO TORCHIA,JR. MANAGING ATTORNEY, BROOKSTONE LAW PC
Please be aware that people continue to use anonymous negative postings on the Internet to defame Brookstone Law, PC, and its attorneys and staff. They are posing as alleged clients or alleged potential clients and these claims are wholly untrue fabrications intended only to harm the public and impair our ability to serve our current and potential clientele.
The posted accusations are false statements created to try to prohibit Brookstone Law from helping homeowners. Brookstone Law is not affiliated in any way with the organizations or individuals we believe are posting these false statements, including K2 Law, Matt Davis, Esq., or Mass Litigation Alliance, and their affiliates, associates and Ambassadors. Please also note these posts are not from clients of Brookstone Law, PC. In fact, positive unsolicited endorsements of our services from Brookstone Law PC clients may be found on our website at http://www.brookstone-law.com. Information from Brookstone Law regarding these false and defamatory postings is here: http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2011/03/11/prweb8200951.DTL. If you are a client of Brookstone Law, PC, please contact us with any questions at the phone number or email address below.
We welcome any legitimate comments or inquiries about Brookstone Law, PC, its attorneys, staff or services and will gladly and personally respond to them. For immediate assistance or information, please contact our Consumer Protection Department at (800) 489-0734 or at ConsumerAlert@Brookstone-Law.com.
Yeah sure. Yes, take another hit off the old crack pipe Vito.
If you got too high and lost yours use Damian’s.
It is all true!! I work at Brookstone Law and I am planning to leave soon!! The entire situation there is very shady. When you get a phone call from them they make it sound as if they are some sort of official sounding group that will lead a case against the banks. They won’t tell you how much it will cost you to join until they have worked your emotions. The employees are also trained and hired based off of playing the emotions of the people they call (“clients”). It is true that Vito is the puppet of Kutzner and Kutzner is operating the business. This place is making lots of money and they make make their sales people tell people it is a sure thing with the way they will go after the banks. Even when you get hired there as an employee they lie to you. I would not pay or trust these people to do ANY legal work. They lie to their own employees on the inside and they are definitely will lying to and deceiveing their clients. Let’s face it here are plenty other law firms out there. Brookstone shouldn’t even be an option at all. Like I said there are plenty of other law firms out there.
They also work their employees 10-12 hours a day 6 days a week. They get away with it by contracting their employees as “independent contractors” and they pay their employees through a “so called temp agency” from a corp. in Nevada. What they are doing is totally illegal and I hope that they get what they deserve. They play with the emotions of employees and their clients. Vito Torchia’s rebuttal is laughable and just part of the smoke and mirrors!!! This place should be investigated further!!!!!! You all will hear more from me I will be quitting this next pay period..
As stated before everyone would here more from me about Brookstone Law. They are located in Newport Beach at 4000 MacArthur suite #10 but the website says that they are suite 11. They use intimidation techniques against their employees. The place is being operated at the top by Damian Kutzner & Vito Torchia, Jr. (“the puppet lawyer”). Then they have these two weasels that lie and deceive employees. Eddie Brown and Jonathan Mansfield are the two creeps that assist Damian and Vito. Eddie & Jonathan like to constantly remind and tell the employees that there is a guy waiting in line for a job. So, they are able to trick people to work 12 hours per day M-F, on Sat. 5 hours not paying for over time! They get away with this because they contract people, the labor board should still get involved. They pretend to pay a salary and they lie about that as well. They tell you that you will be paid a certain dollar amount and come pay day it is not that dollar amount it is much less then what they initially promised. Then they change it up for the next pay period and it will still be less than what was promised!! Honestly, find another firm to do your legal work with. Brookstone is a den of thieves and crooks!! Eddie and Jonathan are well trained in the art of manipulation and deception. They all know that this economy is tough and they are taking advantage of both sides, the clients and employees. I highly recommend people to go to a BONAFIDE law firm not Brookstone!
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.
Is SML able to bind Brookstone?
Exactly.
Anyone reading this and still wondering if going with Brookstone is a “good idea” is such an obvious plant- or the dumbest person alive… I wonder which?
BTW, what ever happened to “John Wright”…? Guess when he realized that a real community of consumer advocates & people that are simply tired of seeing Americans get robbed of their last dollar, he went away. HOW can those guys, with 300+ BBB complaints still have law licenses? Anyone bother to ask the California Bar how they have not acted? Can consumers in CA sue the Bar for not acting? I wonder too, how many Bar complaints they have… Man, the Bar could stop these guys today- Could have yesterday. I wonder what they’re waiting for.
Anyone ask that list of attorneys why they would risk their licenses for these criminals- or if they know the FBI shut down their previous scam?
Wonder, wonder wonder………
MarkTheFish Translation – Straight out Leave it to Beaver – Gee me too Wally! – what a load of bull! – Brookstone Bull – if you still don’t get it; translation: We (Damian and Vito) think we found another puppet attorney to take the fall when we get popped by the FBI. Hopefully this will take the heat off for a little bit because we’d like to steal more money from innocent homeowners in the meantime.
Blockhead Translation: We think we found another puppet attorney to take the fall when we get popped by the FBI. Hopefully this will take the heat off for a little bit because we’d like to steal more money from innocent homeowners in the meantime.
Hey Blockhead 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 you’re Blockhead and 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: NOT plants like BLOCKHEAD) 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 BLOCKHEAD – every knows where you’re trying to go with this. Take a nap and stop doing so many drugs bud. Then maybe you would know how ridiculous you’re doing it. Lay off the crack pipe Blockhead!
I just email Vito and ask him directly. Ask the question you really want answered and I’ll ask him.
Steve, how current is your information? I have it on pretty good word that Kenin Spivak, Ted Maloney and Ed Lasman (SML) have purchased Brookstone. But if you have some info to the contrary such as the fact that you know about the contractual relationships between the two firms or you have knowledge of Brookstone’s internal records, I’m all ears. I am having no problems getting a meeting with SML, but I don’t want to meet with them if they, or Brookstone are lying about the true nature of the relationship. It seems that you may have better information than I do, in view of your massive article and thread about Brookstone. It is so hard to tell who is telling the truth these days. Please respond with some facts so I and the rest of the public that is in trouble can make an informed decision.
Spivak did not purchase Brookstone and it is 100% owned by Vito. However Vito and Spivak are going to be consolidating cases and working closer together.
Yes. If you bend over they are SURE to find you.
Don’t hold your breath.
“I recently read the same thing on another blog. It also said that two other attorneys along with Kenin Spivak purchased Brookstone. I’m trying to get a meeting with any one of them to talk about suing my lender. Can anybody help me find them? Their names are Ted Maloney and Ed Lasman. I desperately need help and want to talk to a qualified attorney.”
I really hope that Brookstone’s affilation with United Law Group will be severed by the recent purchase of Brookstone by Kenin Spivak and two other attorneys.
Maybe VITO TORCHIA, “JR.” is the “JR.” attorney?
Vito reminds me of that movie – “Less Than Zero.”
Hey Vito – What’s your trial record? Say Hi to Damian. Do you still call him sir?
What a load of bull! You know that both you and MANY of your employees have MUCH to do with those actions. Does the press announcement announcing you as an attorney representing United Law Group Clients not ring a bell? You ARE COMPLETELY FULL OF IT! Are you out of your mind! Everything you wrote it is a lie to shift the blame from the fact that you’ve been exposed Vito.
A MESSAGE FROM VITO TORCHIA, JR., MANAGING ATTORNEY OF BROOKSTONE LAW PC
Please be aware that people are using anonymous negative postings on the Internet to defame Brookstone Law, PC, and its attorneys and staff. They are posing as alleged clients or alleged potential clients and these claims are wholly untrue fabrications intended only to harm the public and impair our ability to serve our current and potential clientele. They are also allege that either I or Brookstone Law is somehow responsible for the actions of attorneys that use to work for a former client called United Law Group, Inc. Neither I nor anyone who works for Brookstone Law have anything to do with those actions.
Due to the posting of Cease and Desist letters on the Philip Kramer, Esq. website, and the posting of similar warnings to consumers by attorney Mitchell J. Stein on his website, we believe individuals associated with the affiliates and Non-Attorney “Ambassadors†of Kramer & Kaslow, K2 Law, Matt Davis, Esq., or Mass Litigation Associates, are posting the defamatory comments on the Internet, where anonymous false accusations and defamatory slanders may be published without verification, proof or consequence.
The posted accusations are false statements created to try to prohibit Brookstone Law from helping homeowners. Brookstone Law is not affiliated in any way with Kramer & Kaslow, K2 Law, Matt Davis, Esq., or Mass Litigation Associates, or their affiliates, associates and Ambassadors. Please also note these posts are not from clients of Brookstone Law, PC, and in fact, positive unsolicited endorsements of our services from our clients may be found on this website by clicking on the Real Estate/EED sidebar tab on the home page. We are dedicated to fighting for our clients and their rights and adhering to the highest ethical and legal standards in our work; we welcome any legitimate comments or inquiries about Brookstone Law, PC, its attorneys, staff or services and will gladly and personally respond to them. For immediate information, please contact our Consumer Protection Department at (800) 489-0734 or at ConsumerAlert@Brookstone-Law.com.
A MESSAGE FROM VITO TORCHIA, JR., MANAGING ATTORNEY OF BROOKSTONE LAW PC
Please be aware that people are using anonymous negative postings on the Internet to defame Brookstone Law, PC, and its attorneys and staff. They are posing as alleged clients or alleged potential clients and these claims are wholly untrue fabrications intended only to harm the public and impair our ability to serve our current and potential clientele. They are also allege that either I or Brookstone Law is somehow responsible for the actions of attorneys that use to work for a former client called United Law Group, Inc. Neither I nor anyone who works for Brookstone Law have anything to do with those actions.
Due to the posting of Cease and Desist letters on the Philip Kramer, Esq. website, and the posting of similar warnings to consumers by attorney Mitchell J. Stein on his website, we believe individuals associated with the affiliates and Non-Attorney “Ambassadors” of Kramer & Kaslow, K2 Law, Matt Davis, Esq., or Mass Litigation Associates, are posting the defamatory comments on the Internet, where anonymous false accusations and defamatory slanders may be published without verification, proof or consequence.
The posted accusations are false statements created to try to prohibit Brookstone Law from helping homeowners. Brookstone Law is not affiliated in any way with Kramer & Kaslow, K2 Law, Matt Davis, Esq., or Mass Litigation Associates, or their affiliates, associates and Ambassadors. Please also note these posts are not from clients of Brookstone Law, PC, and in fact, positive unsolicited endorsements of our services from our clients may be found on this website by clicking on the Real Estate/EED sidebar tab on the home page. We are dedicated to fighting for our clients and their rights and adhering to the highest ethical and legal standards in our work; we welcome any legitimate comments or inquiries about Brookstone Law, PC, its attorneys, staff or services and will gladly and personally respond to them. For immediate information, please contact our Consumer Protection Department at (800) 489-0734 or at ConsumerAlert@Brookstone-Law.com.
What a load of bull! You know that both you and MANY of your employees have MUCH to do with those actions. Does the press announcement announcing you as an attorney representing United Law Group Clients not ring a bell? You ARE COMPLETELY FULL OF IT! Are you out of your mind! Everything you wrote it is a lie to shift the blame from the fact that you’ve been exposed Vito.
Hey Vito – What’s your trial record? Say Hi to Damian. Do you still call him sir?
Vito reminds me of that movie – “Less Than Zero.”
Maybe VITO TORCHIA, “JR.” is the “JR.” attorney?
I really hope that Brookstone’s affilation with United Law Group will be severed by the recent purchase of Brookstone by Kenin Spivak and two other attorneys.
“I recently read the same thing on another blog. It also said that two other attorneys along with Kenin Spivak purchased Brookstone. I’m trying to get a meeting with any one of them to talk about suing my lender. Can anybody help me find them? Their names are Ted Maloney and Ed Lasman. I desperately need help and want to talk to a qualified attorney.”
Yes. If you bend over they are SURE to find you.
Spivak did not purchase Brookstone and it is 100% owned by Vito. However Vito and Spivak are going to be consolidating cases and working closer together.
Steve, how current is your information? I have it on pretty good word that Kenin Spivak, Ted Maloney and Ed Lasman (SML) have purchased Brookstone. But if you have some info to the contrary such as the fact that you know about the contractual relationships between the two firms or you have knowledge of Brookstone’s internal records, I’m all ears. I am having no problems getting a meeting with SML, but I don’t want to meet with them if they, or Brookstone are lying about the true nature of the relationship. It seems that you may have better information than I do, in view of your massive article and thread about Brookstone. It is so hard to tell who is telling the truth these days. Please respond with some facts so I and the rest of the public that is in trouble can make an informed decision.
I just email Vito and ask him directly. Ask the question you really want answered and I’ll ask him.
Is SML able to bind Brookstone?
Hey Blockhead 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 you’re Blockhead and 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-Report/United-Law-Group-Inc-100076162, and get themselves shut down by the FBI http://thepatriotswar.com/index.php/fbi-raids-offices-of-united-law-group-shut-down/homeowner-resources/ . 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: NOT plants like BLOCKHEAD) 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 BLOCKHEAD – every knows where you’re trying to go with this. Take a nap and stop doing so many drugs bud. Then maybe you would know how ridiculous you’re doing it. Lay off the crack pipe Blockhead!
Anyone reading this and still wondering if going with Brookstone is a “good idea” is such an obvious plant- or the dumbest person alive… I wonder which?
BTW, what ever happened to “John Wright”…? Guess when he realized that a real community of consumer advocates & people that are simply tired of seeing Americans get robbed of their last dollar, he went away. HOW can those guys, with 300+ BBB complaints still have law licenses? Anyone bother to ask the California Bar how they have not acted? Can consumers in CA sue the Bar for not acting? I wonder too, how many Bar complaints they have… Man, the Bar could stop these guys today- Could have yesterday. I wonder what they’re waiting for.
Anyone ask that list of attorneys why they would risk their licenses for these criminals- or if they know the FBI shut down their previous scam?
Wonder, wonder wonder………
Exactly.
I’m calling “Shenanigans”…
This is who you “were” with- Right John? Did you produce “supporters” for your lawsuit while you were a client of a law firm with 301 BBB complaints?
http://www.la.bbb.org/Business-Report/United-Law-Group-Inc-100076162
To practice law in the State of Calfiornia, attorneys are required to be admitted and active with the State Bar of California. On July 7, 2009 a Notice of Disciplinary Proceedings was filed by the California Bar Association charging Mr. Rutledge with attorney misconduct. On September 21, 2009 the California Bar Association announced that this law firm and another of its principals, Robert Buscho are under investigation in connection with “misconduct related to loan modification businesses.” Although Bar investigations are generally confidential until formal charges are filed, confidentiality may be waived when warranted for protection of the public. The investigations are currently pending. The case is currently pending. For the most up-to-date information on licensing status, contact the State Bar of California at (415) 538-2000, or visit their website at: http://www.calbar.ca.gov.
Description: On Ausust 4, 2009, the State Bar announced they charged this company’s principal, Sean Rutledge with seven counts of misconduct in handling a loan modification for a consumer who paid an advance $3,500 fee. According to the Bar, Rutledge never took any action to negotiate with the consumers’ mortgage lender. As part of his retainer agreement, Rutledge required the client to provide bank account information both to him and to Kirkland Holdings Ltd. Rutledge had an “outsourcing services agreement” with KHL, which was to provide “maintenance of legal services,” including maintaining records related to client funds and responding to client inquiries about their money. Some of that information was protected by the attorney-client privilege and should not have been made available to KHL. According to the bar charges, Rutledge attempted to withdraw funds from the clients bank account several times; each time,the client directed the bank to deny the request and was charged a $30 fee. The client eventually fired Rutledge, who agreed to refund his fee only if he client signed a release of professional liability. Rutledge did not refund the fee for several months. The bar is seeking Rutledge’s disbarment; he has a hearing before the State Bar Court Aug. 11.
Oh… My bad John. Thank you for showing me the light! What was I thinking?
I must have been crazy!
Where do I sign?
Thanks in advance John for helping me save my home!
Shenanigannnnnnnnnns
John- You seem to be a sick man.
Here- My quote “He made himself look like such a scam it was incredible-” I didn’t say YOU were a scam.
Then I said “I wish he didn’t stop. Is he a real person? I REALLY want to know what he is getting from Torch for doing all that BS marketing. I hope he gets found out (FBI are you listening?) and goes to prison. ” Right there John, I’m wondering WHY you would provide marketing for these guys. That’s all.
You admit you promoted for ULG and thousands lost their homes & money to ULG. Maybe it’s you that should apologize.
How many people read your blog or saw your testimonial for ULG and then decided to sign up & lost their homes in the process? Don’t you feel ANY responsibility?
You were a paid marketer for ULG, and now you are marketing for Brookstone. The FBI raided your previous benefactor and disbarred the attorneys YOU told people to trust. That is what the FBI comment is about. If you are now marketing for another company wearing different lip stick, I am just wonnnnnnnnnnnnnnndering, WHY?
Oh- You used a disclaimer when you told people to go to ULG. Oh- I’m sorry. Nevermind.
John,
You said in a recent previous comment “This person better remove this crap, because I know who they are. I have names, address, phone numbers and companies that paid their checks to do it. I had spies within that law firm who was there at that meeting. I have everything right here. I will post it unless this is removed, because it is illegal what they did! ”
But you have not produced it either. Who is supposed to produce what? It seems you offered to go first. I’m interested to see what you’ve got. Please post it.
Financial injury John?
And how about your false statements about me and threats to attack this site because you have a dispute with someone else?
Don’t suck me into your fight and produce the evidence you said you could produce. Dealing with your battle with someone else has caused me an injury today. Leave me out of it.
I am a reasonable person and I would not conclude that at all. A judge would tell you that you are not forced to participate in this blog. And, since you do so voluntarily others receive the right to rebuttal. While you might not like the rebuttals it is still within their rights (not to be confused with Wrights which are really WRONGS). So if you don’t like it, post your lies about companies being investigated by the FBI on another sight where what you call “reasonable” people are stupid enough to believe them. You’ve selected the wrong forum that’s all. Too bit thieves like yourself will get exposed on this site.
Oh by the way, I notice you have know opinion on what the DRE and California Bar are saying about this mass joinder matter.
Do tell.
Also, if you want whine like a baby every time someone disagrees with you about scamming innocent homeowners you are going to end of a very disenchanted fella. Maybe you should quit while you behind. It is so sad to watch you lose arguments day after day. In the words of Lloyd Christmas, “You’re one pathetic LOSER!”
I’m blah blah blah, and blah blah blah!
Here are John Wright’s favorite friends- http://www.ftc.gov/opa/2009/07/globalmgt.shtm
He Thank’s God for them…
Sounds like a trustworthy guy. Great advice as always John. Keep up the good fight!
Please feel free to post the information and let’s get to the bottom of it.
Why not just upload it to your server and post a link to it?
1 complaint
http://www.la.bbb.org/Business-Report/Brookstone-Law-PC-100100689
Only guessing, but… More to come.
And Im certain Brookstone gets a copy from the BBB & if you’re correct, they will take it down.
But you just said “With that being said, if I start to see any complaints that come in about Brookstone , such as did with ULG………..I will stop indirectly promoting them. I can promise you that.”
Did you not?
Oh, so to be clear, You’ll stop “indirectly promoting” them when they have “hundreds of complaints” like the last company you indirectly promoted.
John- I am sorry. Forgive me, I mis read your statement. It has been a long day.
Im rubber… Your glue John
Ive never emailed you John
More empty promises. I thought you already know who I am.
Prove it. Here’s your opportunity.
Lies…. lies…. lies….
If you want people to start suing for untrue statements I’d have to toss you in that bucket. The things you just said about me are not true.
How am I competitor? I have never been charged with fraud nor did I “own” a get out of debt company. I was the president of a nonprofit credit counseling group which do not have an owner since they are non-stock companies.
If there is anything that I have written that is untrue, please bring it to my attention so we can talk about it.
As for what others say, if you don’t like it please feel free to take that up with them.
Instead of asking for donations from people to read your blog, why don’t you get a job??
MarkTheFish Translation – Straight out Leave it to Beaver – Gee me too Wally! – what a load of bull! – Brookstone Bull – if you still don’t get it; translation: We (Damian and Vito) think we found another puppet attorney to take the fall when we get popped by the FBI. Hopefully this will take the heat off for a little bit because we’d like to steal more money from innocent homeowners in the meantime.
Don’t hold your breath.
Blockhead Translation: We think we found another puppet attorney to take the fall when we get popped by the FBI. Hopefully this will take the heat off for a little bit because we’d like to steal more money from innocent homeowners in the meantime.
The name of it is Brookstone Law.
“Brookstone Law” is controlled by Damian Kutzner. Damian Kutzner is a thief.
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 ahold 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, told me that they had addressed their issues and “moving forward” they 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 I the phone on the other end 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 call 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 person orchestrating a new SCAM , mastermind behind ULG. I feel silly enough to have been fooled by them twice. I WILL NOT BE FOOLED AGIAN! 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 ahold 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, told me that they had addressed their issues and “moving forward” they 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 I the phone on the other end 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 call 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 person orchestrating a new SCAM , mastermind behind ULG. I feel silly enough to have been fooled by them twice. I WILL NOT BE FOOLED AGIAN! BEWARE BEWARE BEWARE
Anyone know the name of it?
Should be called Serious Tool sunglasses because only a Serious Tool would wear those things.
Damian Kutzner is starting a tax fraud operation to emulate AmeriPride Tax Group fraud.
So someone who got ripped off by Kutzner big deal. Either way they both peddle sunglasses to third grade dropouts with no taste.
Word is as usual Damian Kutzner stole it from the guy then got bent out of shape because other dudes quality of merchandise was much higher.
Throw the company into receivership, and do it FAST!!!
Nothing “intellectual” about that “property!” But if Kutzner were to win all Kutzner’s creditors need to do is to slap a lien on the judgment, and Kablam!!! it would be caught up in court FOREVER! It’s funny that Kutzner is complaining about this when ALL OF THE MONEY HE USED TO “LAUNCH” THIS EXTREMELY LAME SUNGLASS COMPANY IS STOLEN!
Damian Kutzner and Serious Pimp are like school in the Summer Time!!!
Who knocked him off ANOTHER third grade drop off with extremely poor taste in sunglasses.
Harley Boss,
Call the IRS, and request that the books be audited. They’ll do the most comprehensive job in conducting the forensic audit (3949-A).
Snoop is suing someone who knocked off his serious pimp sunglasses
http://www.theboombox.com/2011…
Wonder if Brookstone will be representing him in his latest mess:
A class action suit is being started against Damian Kutzner and his Madoff like ponzi scheme he has created in and through SERIOUS PIMP sunglasses.
If you have “invested” in SERIOUS PIMP sunglasses and have been told that you are part owner, notes are being collected and prepared for comparison.
From what has been gathered so far we have already been able to ascertain that (according to what Kutzner has told people) there are WAY more “owners” in this company than other people with “ownership” interest know about. There have been WAY more investment dollars put into this company COLLECTIVELY than other individual “owners” know about. In other words: SERIOUS PIMP sunglasses is ONE GIANT PONZI SCHEME. Fact is Damian Kutzner’s lies and deceit have caught up with him. If you are concerned because you have been told that you have ownership interest in Serious Pimp (and have contributed money, resources or sweat equity) and have realized that Damian Kutzner’s lies don’t quite add up contact 949-644-3799.
The more time that passes the more likely he is to abscond with your money, resources, time and, or, sweat equity!
Wonder if Brookstone will be representing him in his latest mess:
A class action suit is being started against Damian Kutzner and his Madoff like ponzi scheme he has created in and through SERIOUS PIMP sunglasses.
If you have “invested” in SERIOUS PIMP sunglasses and have been told that you are part owner, notes are being collected and prepared for comparison.
From what has been gathered so far we have already been able to ascertain that (according to what Kutzner has told people) there are WAY more “owners” in this company than other people with “ownership” interest know about. There have been WAY more investment dollars put into this company COLLECTIVELY than other individual “owners” know about. In other words: SERIOUS PIMP sunglasses is ONE GIANT PONZI SCHEME. Fact is Damian Kutzner’s lies and deceit have caught up with him. If you are concerned because you have been told that you have ownership interest in Serious Pimp (and have contributed money, resources or sweat equity) and have realized that Damian Kutzner’s lies don’t quite add up contact 949-644-3799.
The more time that passes the more likely he is to abscond with your money, resources, time and, or, sweat equity!
Snoop is suing someone who knocked off his serious pimp sunglasses
http://www.theboombox.com/2011/02/04/snoop-doggs-serious-pimp-co-sues-knockoff-brand/
Who knocked him off ANOTHER third grade drop off with extremely poor taste in sunglasses.
Nothing “intellectual” about that “property!” But if Kutzner were to win all Kutzner’s creditors need to do is to slap a lien on the judgment, and Kablam!!! it would be caught up in court FOREVER! It’s funny that Kutzner is complaining about this when ALL OF THE MONEY HE USED TO “LAUNCH” THIS EXTREMELY LAME SUNGLASS COMPANY IS STOLEN!
Word is as usual Damian Kutzner stole it from the guy then got bent out of shape because other dudes quality of merchandise was much higher.
So someone who got ripped off by Kutzner big deal. Either way they both peddle sunglasses to third grade dropouts with no taste.
Should be called Serious Tool sunglasses because only a Serious Tool would wear those things.
Harley Boss,
Call the IRS, and request that the books be audited. They’ll do the most comprehensive job in conducting the forensic audit (3949-A).
Throw the company into receivership, and do it FAST!!!
I worked as a contractor for ULG. Damien Kutsner, Jared Bocachica and Torin Beeler were (and as far as I know, still are) scam artists.
I worked as a contractor for ULG. Damien Kutsner, Jared Bocachica and Torin Beeler were (and as far as I know, still are) scam artists.
Serious “Ripoff” Sunglasses
Serious “Theft” Sunglasses
Serious “Fraud” Sunglasses
I ordered and prepaid Damian Kutzner $3, 750.00 by cashier’s check for 250 pair of Serious Pimp sunglasses. Damian Kutzner indicated that on my first order I needed to prepay by cashier’s check and from there forward we might be able to work out terms.
The sunglasses were supposed to be delivered to me but never were. I called Damian who said that they had been sent. I asked him for the tracking number to check the package, and when I contacted Federal Express they indicated that the number that I provided for them was not a recognizable tracking number. When I called Damian back he did not pick up. I called him several more times and finally did get in touch with him. He told me he was sorry, and wasn’t sure how that happened. He told me would get to the bottom of it. After nearly two months of this type of run around I told him look I just need the sunglasses or some sort of proof they had been sent. He told me he would resend them if that’s what would make happy. He would pull the money out of his pocket a second time. He promised me that he would over night them at his expense, and gave me a Federal Express airbill number. That airbill number never entered the Federal Express system.
I contacted him again two days later indicating look I just want my money back. And he said, “What for?”
I told him, “You know damn well what for.”
And, he said, “I hand delivered you your sunglasses.”
This caused a thorough argument, but at the end of the day Damian just knowingly stroked me along and ripped me off.
DO NOT PREPAY THIS MAN FOR ANYTHING! You will NEVER see your product. Not only did he steal my money, but he cost me a great deal of time and aggravation. Damian Kutzner and Serious Pimp are nothing more than a SERIOUS RIPOFF. I wish I knew then what I know now. The internet is just littered with Damian Kutzner theft, fraud and ripoffs. DO NOT TRUST THIS MAN OR ANYONE FROM SERIOUS PIMP. They are all con-men and felons. As further researched the Kutzner crime family accounts for much of the drug trafficking in Southern California.
Serious “Ripoff” Sunglasses
Serious “Theft” Sunglasses
Serious “Fraud” Sunglasses
I ordered and prepaid Damian Kutzner $3, 750.00 by cashier’s check for 250 pair of Serious Pimp sunglasses. Damian Kutzner indicated that on my first order I needed to prepay by cashier’s check and from there forward we might be able to work out terms.
The sunglasses were supposed to be delivered to me but never were. I called Damian who said that they had been sent. I asked him for the tracking number to check the package, and when I contacted Federal Express they indicated that the number that I provided for them was not a recognizable tracking number. When I called Damian back he did not pick up. I called him several more times and finally did get in touch with him. He told me he was sorry, and wasn’t sure how that happened. He told me would get to the bottom of it. After nearly two months of this type of run around I told him look I just need the sunglasses or some sort of proof they had been sent. He told me he would resend them if that’s what would make happy. He would pull the money out of his pocket a second time. He promised me that he would over night them at his expense, and gave me a Federal Express airbill number. That airbill number never entered the Federal Express system.
I contacted him again two days later indicating look I just want my money back. And he said, “What for?”
I told him, “You know damn well what for.”
And, he said, “I hand delivered you your sunglasses.”
This caused a thorough argument, but at the end of the day Damian just knowingly stroked me along and ripped me off.
DO NOT PREPAY THIS MAN FOR ANYTHING! You will NEVER see your product. Not only did he steal my money, but he cost me a great deal of time and aggravation. Damian Kutzner and Serious Pimp are nothing more than a SERIOUS RIPOFF. I wish I knew then what I know now. The internet is just littered with Damian Kutzner theft, fraud and ripoffs. DO NOT TRUST THIS MAN OR ANYONE FROM SERIOUS PIMP. They are all con-men and felons. As further researched the Kutzner crime family accounts for much of the drug trafficking in Southern California.
Damian Kutzner and Serious Pimp are like school in the Summer Time!!!
Holy Crap- Damian Kutzner’s compay Serious Pimp sells REAL gang clothing.
Check out Snoop Dogs “Crip Kit” (Crip as in the gang Crips, you’ll notice it says it in your browsers tab”
http://www.seriouspimp.com/Sho…
Holy Crap- Damian Kutzner’s compay Serious Pimp sells REAL gang clothing.
Check out Snoop Dogs “Crip Kit” (Crip as in the gang Crips, you’ll notice it says it in your browsers tab”
http://www.seriouspimp.com/Shop/Kits/blue.htm
This explains some things:
“The Three Amigos” Jared Bocachica, Torin Beeler, and Jaime Esparza currently of AmeriPride Tax Group, seem to be a goof fit for the likes of Larry Gunter and Damian Kutzner.
Cut and paste this link into your browser to view:
http://www.complaintsboard.com…
This explains some things:
“The Three Amigos” Jared Bocachica, Torin Beeler, and Jaime Esparza currently of AmeriPride Tax Group, seem to be a goof fit for the likes of Larry Gunter and Damian Kutzner.
Cut and paste this link into your browser to view:
http://www.complaintsboard.com/complaints/jarred-bocachica-torrin-beeler-jaime-esparza-are-scamming-american-homeowners-and-taxpayers-and-getting-away-with-it-c383103.html#c874596
Damian Kutzner is starting a tax fraud operation to emulate AmeriPride Tax Group fraud.
Anyone know the name of it?
The name of it is Brookstone Law.
Kelly you are guilty of violating the same code by the conflict of interest in representing Larry Gunter and his companies: Help Modify Now, Consumer Resource Law Center, Help Modify Now Debt Solutions Inc. et al., and simultaneously what would clearly be FALSE “representation” of clients on the other side by CLAIMING that you “represented” the clients that Gunter and his companies defrauded.
Kelly you are guilty of violating the same code by the conflict of interest in representing Larry Gunter and his companies: Help Modify Now, Consumer Resource Law Center, Help Modify Now Debt Solutions Inc. et al., and simultaneously what would clearly be FALSE “representation” of clients on the other side by CLAIMING that you “represented” the clients that Gunter and his companies defrauded.
Interesting diagram. But, of greater interest would be a TRUE and ACCURATE diagram of the money changing hands in this incestuous bunch. Also, no mention is made of the serious nature of the conflict of interest that CLEARLY exists between “Brookstone Law” representing BOTH Damian Kutzner and by way of “inheritance” the clients that Damian Kutzner defrauded. This conflict of interest violates bar code. This is a TOTAL scam.
Interesting diagram. But, of greater interest would be a TRUE and ACCURATE diagram of the money changing hands in this incestuous bunch. Also, no mention is made of the serious nature of the conflict of interest that CLEARLY exists between “Brookstone Law” representing BOTH Damian Kutzner and by way of “inheritance” the clients that Damian Kutzner defrauded. This conflict of interest violates bar code. This is a TOTAL scam.
“Brookstone Law” is controlled by Damian Kutzner. Damian Kutzner is a thief.