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Another Attorney Runs Into the Connecticut Department of Banking

By on September 2, 2015

You’d think attorneys would avoid issues with the Connecticut Department of Banking, but you’d be wrong. Another attorney has received their unwanted attention for debt relief issues.

MATTERS ASSERTED

1. Pullin Law is a professional corporation organized under the laws of the State of New York with offices located at 7600 Jericho Turnpike, Suite 402, Woodbury, New York; 3075 Veterans Memorial Highway, Suite 130, Ronkonkoma, New York; 201 Old Country Road, Suite 208, Melville, New York; 2929 Expressway Drive North, Suite 310A, Hauppauge, New York; and 2929 Expressway Drive North, Suite 310A, Islandia, New York.

2. At all times relevant hereto, Allan Pullin was the Principal of Pullin Law.

3. On or about September 11, 2013, a Connecticut debtor executed, inter alia, a Scope of Representation and a Retainer Agreement with Pullin Law (together, the “Retainer Agreement”) pursuant to which Pullin Law would “negotiate a loan modification offer”, “negotiate a restructuring of your current mortgage”, and “contact[] and negotiat[e] with lien holders creditors etc . . . on your behalf”.

4. Pursuant to the Retainer Agreement, the Connecticut debtor referred to in paragraph 3 paid Pullin Law the sum of $4,000 through two $2,000 payments made on or about September 11 and October 25, 2013.

5. The $4,000 fee charged by Pullin Law is in excess of amounts that debt negotiators may charge for services related to secured debt pursuant to the Schedule of Maximum Fees established by the Commissioner on or about October 1, 2009 (“Schedule of Maximum Fees”).

6. The Schedule of Maximum Fees provides, in pertinent part, that “[a] debt negotiator of secured debt, including Short Sales and Foreclosure Rescue Services, may impose a fee upon the mortgagor or debtor for performing debt negotiation services not to exceed five hundred dollars ($500). Such fee shall only be collectable upon the successful completion of all services stated in the debt negotiation service contract”.

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7. At no time relevant hereto have Respondents been licensed to engage or offer to engage in debt negotiation in this state, nor did Respondents qualify for an exemption from such licensure.

8. On January 15, 2015, the Commissioner received a complaint filed by the Connecticut debtor referred to in paragraph 3 concerning Respondents’ failure to perform or successfully complete the debt negotiation services pursuant to the Retainer Agreement.”

That led to a finding that:

“THE COMMISSIONER FURTHER ORDERS, pursuant to Section 36a-50(c) of the Connecticut General Statutes, that Pullin Law Firm, P.C. and Allan L. Pullin, Esq., MAKE RESTITUTION of any sums obtained as a result of Pullin Law Firm, P.C. or Allan L. Pullin, Esq. violating Section 36a-671(b) of the Connecticut General Statutes, plus interest at the legal rate set forth in Section 37-1 of the Connecticut General Statutes. Specifically, the Commissioner ORDERS that: Not later than thirty (30) days from the date this Order to Make Restitution becomes permanent, Pullin Law Firm, P.C. and Allan L. Pullin, Esq., shall:

1. Repay $4,000 to the Connecticut debtor identified in the attached Exhibit A plus interest and repay to any other Connecticut debtor who entered into an agreement for debt negotiation services with Pullin Law Firm, P.C. or Allan L. Pullin, Esq., on or after October 1, 2009, any fees paid by such Connecticut debtor to Pullin Law Firm, P.C. or Allan L. Pullin, Esq., plus interest. Payments shall be made by cashier’s check, certified check or money order; and

2. Provide evidence to Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov of such repayments.

NOW THEREFORE, notice is hereby given to Pullin Law, that the Commissioner intends to issue an order requiring Pullin Law to CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes, and impose a CIVIL PENALTY upon Pullin Law, as set forth herein, subject to Pullin Law’s right to a hearing on the allegation set forth above.” – Source

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

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