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Home > Debt Relief Industry > Brookstone Law, PC, Fights Defamatory Statements From Individuals Posing As Potential Clients and Representing Themselves As Associated With Brookstone

Brookstone Law, PC, Fights Defamatory Statements From Individuals Posing As Potential Clients and Representing Themselves As Associated With Brookstone

Law Firm Dedicated to Protecting Consumers’ Rights Denounces Defamatory Internet Postings, Plans Aggressive Defense To Stop Negative Internet Campaign

Newport Beach, CA (Vocus/PRWEB) March 11, 2011

An investigation by Brookstone Law PC has revealed allegedly illegal usage of the name and likeness of industry leaders Brookstone Law PC and Mitchell J. Stein, Esq. and their current lawsuits, according to Vito Torchia, Jr., managing attorney of Brookstone Law.

Brookstone Law, PC, is involved in active investigations of the banking crisis. There are cases throughout the nation where clients are taking the banks to task for, among other things, unlawful lending practices. Brookstone Law PC has recently filed a lawsuit Wright et al v. Bank of America that is potentially the most significant and precedent-setting legal action taken against lenders as a result of the national foreclosure crisis.

“In Brookstone Law PC’s active investigation it has been revealed that multiple non-law firms and small front office attorneys have allegedly been illegally using the name and likeness of industry leaders Brookstone Law PC and Mitchell J. Stein, Esq.,” said Vito Torchia, Jr. “These impostors, aka “chimpanzees,” have engaged in allegedly illegal use of the name and likeness and engaging in the unauthorized practice of law. They are continuing to conduct these allegedly illegal business practices with a campaign of false and defamatory negative Internet postings. Brookstone Law PC is planning aggressive legal action against the authors and publishers of the posts.”

“Brookstone Law PC is being targeted by non-attorneys acting on behalf of lawyers who are attempting to use anonymous negative postings to defame Brookstone Law PC and Mitchell J. Stein, Esq.,” said Vito Torchia, Jr. “These posts are wholly untrue fabrications intended only to harm the public and the leaders in the industry fighting the banks, Brookstone Law PC and Mitchell J. Stein’s reputation. We are aggressively taking legal action against non- attorneys acting on behalf of lawyers who are attempting to use blog posts fraudulently posing as clients which is a criminal offense called “spoofing” to attack Brookstone Law PC, its current case against Bank of America as well as Mitchell J. Stein, Esq. and his case against Bank of America.”

According to Torchia, the law firms Kramer & Kramer, K2 Law, Mass Litigation Alliance and the attorney Matt Davis, Esq., are not authorized to work on the BOA lawsuit and any information distributed to the public that claims otherwise is false. Brookstone Law PC is not affiliated in any way with Kramer & Kramer, K2 Law, Mass Litigation Associates, Matt Davis, Esq., or their group of non-attorney affiliates, associates and “Ambassadors.”

“Although anonymous false accusations and defamatory slanders are often published on the Internet without verification, proof or consequence, in this case Brookstone Law PC will take forceful legal action to protect the public and our clientele against these individuals and their so-called associates,” said Vito Torchia, Jr. “We intend to ensure there are consequences for these individuals and to penalize them and their affiliates to the full extent of the law as a result of these harmful false actions.”

“The fabrications are allegedly criminal acts one of which is called “spoofing” and are intended to harm industry leaders Brookstone Law PC and Mitchell J. Stein, Esq. These actions are done to bait and switch clients into their firms when in fact they are not the industry leaders and have no qualifications to or experience to successfully litigate these major cases against the banks,” said Vito Torchia, Jr.

None of the negative posts researched are from clients of Brookstone Law PC, and multiple positive unsolicited endorsements of Brookstone Law PC by clients can be found on the Brookstone Law PC website at http://www.brookstone-law.com.

“Based on our research, unauthorized firms and individuals are allegedly falsely identifing themselves and their actions as being a valid participant in the BOA lawsuit. In this case they are falsely identifying themselves as customers and consumers of Brookstone Law PC. These are the same allegedly fraudulent actions of identity theft and outright fraud using blogs and internet postings under fake names (spoofing) that Mass Litigation Alliance and others have previously attempted. If any client or potential client encounters this false and defamatory information, we request they call us directly and immediately on the Brookstone Law PC Consumer Alert hotline at 1-800-489-0734 or by email to clientalert(at)brookstone-law(dot)com,” said Vito Torchia, Jr.

According to Torchia, through Brookstone Law PC’s investigation, the negative campaign is due partially to firms and individuals notified through Cease and Desist letters sent to stop them from representing themselves as participants in the BOA lawsuit when they were not authorized to do so, such as those posted on the internet and similar warnings on the website of attorney Mitchell J. Stein, Esq. The letters put the individuals and firms on notice that they were not allowed to represent themselves as being authorized legal counsel in the BOA lawsuit and similar actions, and to stop soliciting clients under those false pretenses. Brookstone Law PC also plans to aggressively defend their brand and reputation against any individual or business that fraudulently misleads the public for their own monetary benefit.

“We will file actions against any perpetrator who uses fake blogs or engages in fraudulent “spoofing” tactics designed to harm the public and our Firm,” said Vito Torchia, Jr. “As leaders in the industry, we are protecting the public from firms and individuals who are not attorneys nor have any experience in this industry.”

“We take any complaints and claims against Brookstone Law very seriously and are dedicated to fighting for our clients and their rights while adhering to the highest ethical and legal standards in our work,” said Vito Torchia, Jr. “We welcome any legitimate inquiries or comments about Brookstone Law PC, its attorneys, staff or services and will gladly and personally respond to them.”
The Brookstone Law PC case is Wright et al v. Bank of America, N.A. et al., case no.30-2011-00449059-CU-MT-CXC filed in Orange County Superior Court.

About Brookstone Law, PC
Based in Newport Beach, with offices in Los Angeles, CA, and Ft. Lauderdale, FL, Brookstone Law, PC, is a law firm comprised of attorneys with experience and success in civil litigation, criminal defense, business, corporate, employment, entertainment & media, art & museum, intellectual property and real estate law. The firm has a network of more than 40 affiliate attorneys nationwide and employs highly trained specialists, paralegals, paraprofessionals and administrative staff dedicated to serving our clients. For information, call (800) 946-8655 or visit http://www.brookstone-law.com.

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Get Out of Debt Guy – Twitter, G+, Facebook

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  • CABar – CrookStone

    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 Mass Joinder Complaint Hotline: 1-800-843-9053
    or 1-213-765-1200 (outside California)

    http://www.calbar.ca.gov/Conta

    http://getoutofdebt.org/26821/

  • CA DRE – CrookStone Law

    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 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.

  • NoWhereToGo

    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 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.

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