I have a nearly identical experience with the now defunct Cal West Law, later known as GreenBrook Law Group, and named Glenn M. Rosen as managing attorney- as desribed in the article you featured “Cal West Law – Consumer Complaint – 9-25-2012” GreenBrook and Cal West have now closed their doors.
I received a correspondence from Glenn Rosen, advising Cal West Law has closed it’s doors and Mr. Rosen is personally responsible for the execution of legal retainer contracts- which I entered with the company. Cal West Law sent unsolicited post cards in the mail to areas outside Irvine Ca, where they are listed in business.
I received the notice in Sacramento County, offering hope to distessed homeowners for in default. I received a number of these solicitations, as the senders troll the public records for victims. Cal West Law claimed to be able to help distessed homeowners stay in their homes by challenging the lender with legal filings for a variety of improper loan procedures.
I did the preliminary background checking on Glenn Rosen. I found his biography of legal cases and no complaits at that time against Cal West Law. From the begining, there were communication problems, a total lack of professionalism and complete negligence in the attempted execution of their duties. Darren Brown, Daniel Castillo(Non-attorneys) and a number of paralegals were all attempting to author and file motions and complaints, failing miserably. In the end, I lost me home to foreclosure, after the tactics all failed- many due to improper notifications and delays.
Consumer Action Taken:
Cal West and Glenn Rosen failed to perform specific duties, as outlined in the retainer. In spite of their failures and demand for return of the retainer, no communications have been received from either party. A certified signature return receipt has been sent withy the demand to Glenn Rosen’s Laguna Niguel address. Mr. Rosen has refused to accept or sign the parcel receipt, now after 4 weeks from delivery.
Date This Problem Happened: August 16, 2012
State You Live in: California
Age Range: 51-65
Total Amount of Fee Paid: $6,295
Company Name: Cal West Law, GreenBrook Law Group, Glenn M. Rosen
2400 Main Street
Irvine, CA 92614
Company Telephone Number: 866-605-0990
Website of Company: calwestlaw.com
Consumer Supplied Documentation:
CONSUMER ADVOCACY PROGRAM SERVICES AGREEMENT
This ATTORNEY-CLIENT FEE AGREEMENT (“Contract”) is entered into by and between Greenbrook Law. (“Attorney”) and Client (“Client(s)”) Property Address: on the date specified on Page 4. Attorney and Client hereby agree that Attorney will provide legal services to Client as set forth below.
1. CONDITIONS. This Contract will not take effect, and Attorney will have no obligation to provide services, until Client returns a signed copy of this Contract and pays the retainer fee called for on page 2 of this Contract.
2. SCOPE OF SERVICES. Client hereby hires Attorney to review and analyze information regarding Client’s loan, the circumstances surrounding the origination of the loan as well as any past modification attempts that have been made.
A. ADVOCACY SERVICE: A phone interview will be conducted so that we can complete our analysis, and then will develop a strategy of appropriate venues for a complaint and an angle for the campaign. We will assist the Client in preparing templates for complaints as well as drafts for letters of complaint and will instruct Client specifically on how to file the complaints to research and develop a strategy and assist the Client in filing complaints and composing letters to the applicable agencies who oversee and regulate the Client’s lender. Attorney will assist the Client with responses to the Lender and any agency that gets involved in their case. We will help coordinate with the Client whatever steps need to be followed to get the lender to come to the negotiating table.
B. DISPOSITION ANALYSIS REPORT SERVICE: Review and analyze information provided by the client to determine qualification of subject for potential assistance programs; prepare a Disposition Analysis Report containing results of analysis, and grant to the Client a limited, non-exclusive, non-transferable sublicense to use the Disposition Analysis Report for Client’s internal use only. Once the Lender has engaged with the Client, we will review and oversee the preparation of the documents in conjunction with the Disposition Analysis Report, and be available to assist and oversee the process.
Attorney agrees to provide those legal services reasonably required to represent Client. Client expressly consents and agrees that Attorney retains the right to employ and/or retain additional attorneys, brokers, agents, non-employees, independent contractors, consultants, negotiators and contract workers, to be selected and directly supervised solely by Attorney, at no additional cost to Client. Attorney agrees to take reasonable steps to keep Client informed of the progress of this Matter and to respond to Client’s inquires.
3. CLIENT’S DUTIES. Client agrees to be truthful with and cooperate with Attorney by timely and fully responding to all requests, written correspondence, emails, and telephone calls, and to keep Attorney informed of developments.
4. FEE SUMMARY: Attorney offers its services in PHASES. No future PHASE shall be contracted for by Client(s) or Attorney until Attorney has fully performed each and every service in the prior PHASE. Attorney shall not be entitled to accept payment for services in a PHASE until each and every service in that PHASE has been fully performed. The total retainer fee for this agreement is $3,000.00 which client has agreed to pay by execution of this contract.
Payment Schedule: 1st Payment $1,500.00 May 11, 2012 2nd Payment $1,500.00 June 11, 2012
Attorney shall be paid $1,500.00 upon completion of PHASE 1 and $1,500.00 upon completion of PHASE 2 unless specified otherwise herein. The Client(s) has retained Attorney solely for the purpose to perform the services described in PHASE 1: once each PHASE is completed and paid for, then the Client(s) will retain Attorney for the subsequent PHASES, but not more than one PHASE at a time. The arrangement set forth above is not set forth by law but is negotiable between Attorney and Client(s). If Client(s) fails to pay for services provided, Attorney shall consider failure to pay a breach of contract and shall withdraw from further representation.
PHASE ONE (Estimated completion within 2-10 days)
D. Review and analyze information and documentation provided by Client(s)
E. Preparation of correspondence
F. Preparation of complaints
G. Consultation with Client(s) to provide guidance for submission of complaints
H. Analyzing financials of Client(s) to determine qualification for potential assistance programs
PHASE TWO (Estimated completion within 2-20 days)
A. Consultation with Client(s) following contact from the financial institution’s executive office
B. Preparation of the Loan Disposition Analysis Report
C. Assisting Client with the preparation of package for Lender if necessary
5. FORECLOSURE PROCEEDINGS Client understands and acknowledges that the Advocacy services provided do not prevent or cease foreclosure proceedings. Client is responsible for relaying any information in regards to foreclosure to Attorney. Attorney will make best efforts, but is not responsible to inform Client of initiated or continued foreclosure proceedings and makes no guarantee of protection against the loss of property through the foreclosure process. Client agrees to hold harmless Attorney in the event the property is lost due to non-compliance of this agreement.
6. DISCLAIMER OF GUARANTEE. Nothing in this Contract and nothing in Attorney’s statements to Client will be construed as a promise or guarantee about the outcome of Client’s matter. Attorney makes no such promises or guarantees. Attorney’s comments about the outcome of Client’s matter are expressions of opinion only.
7. ERRORS AND OMISSIONS COVERAGE BY ATTORNEY. Attorney maintains errors and omissions insurance coverage applicable to the services to be rendered.
Although Attorney is NOT performing Loan Modification services, California State Law requires the following disclosure be made in this retainer:
It is not necessary to pay a third party to arrange for a loan modification or other form of forbearance from your mortgage lender or servicer. You may call your lender directly to ask for a change in your loan terms. Nonprofit housing counseling agencies also offer these and other forms of borrower assistance free of charge. A list of nonprofit housing counseling agencies approved by the United States Department of Housing and Urban Development (HUD) is available from your local HUD office or by visiting www.hud.gov.
8.ENTIRE AGREEMENT: This Contract contains the entire Agreement of the Parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the Parties.
9. DISCLAIMER OF GUARANTEE: Nothing in this agreement and nothing in Attorney’s statements to Client(s) will be construed as a promise or guarantee about the outcome of the matter. Attorney makes no such promises or guarantees. Attorney’s comments about the outcome of this matter are expressions of opinion only. Client (s) acknowledges that Attorney makes no promises, representations or guarantees as to entering this agreement.
Upon the execution of this Agreement, Client is hiring Attorney who may provide any or all of the services it is required to render pursuant to this Agreement through an independent third party; provided that such independent third party is reasonably capable of fulfilling the Attorney’s obligations set forth in this agreement, such as providing services to assist Client to pressure Lender to engage in a “fair and transparent negotiation” and to guide Client through the process as a consultant/advocate, with a goal of ultimately obtaining a restructured or modified loan, loan modification, repayment plan and/or workout agreement with Client’s lender(s) (“Matter”) pursuant to the terms set forth above through the Consumer Advocacy Program.
THE PARTIES HERETO HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDES SERVICES. IF MORE THAN ONE CLIENT SIGNS THIS AGREEMENT, EACH SIGNATOR AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL CLIENT OBLIGATIONS UNDER THIS AGREEMENT.
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