Foreclosure Update October

Just when you think things can't get worse...they do. In California, the State Bar Association was shocked at the number of attorneys who are taking advantage of clients who have hired them to help with their foreclosure...only to find out they may have been scammed! The problem apparently has gotten so bad, they are " waiving investigation confidentiality in favor of public protection".

According to my source, “The number of attorneys using their law licenses to essentially take money from unwary but trusting consumers is astounding,” Weiner added. “There are literally thousands of victims who have lost money they could not afford to lose. Under the circumstances, the need for public information and protection is paramount.” Among the cases against attorneys, nearly 25% are related to issues revolving around home foreclosures.

The complaints from these unsuspecting homeowners include charges that the attorney took their money and then did nothing to help them. They made promises and then failed to deliver on them. When clients tried to call, they wouldn't return phone calls.

Things are so out of hand that the state Bar has developed a team of special investigators to deal with all of the complaints coming in. The majority of lawyers who are in trouble offering loan modification service are often associated with companies that use telemarketers or phone banks to obtain clients.

Several attorneys have resigned pending investigations. Among the charges are the use of non-licensed office staff who are preforming duties that are considered "practicing law".

"The following attorneys have received a significant number of complaints related to the loan modification services they were hired to perform. They are entitled to a full and fair hearing on any charges that may be filed in the future. No discipline may be imposed unless and until the State Bar proves allegations of misconduct by clear and convincing evidence" (website reference here)

▪ David Arase, Bar No. 233705, Arase Law Firm and National Housing Assistance

▪ Stephen Burns, Bar No. 113371, Legal Group Network

▪ Robert Buscho, Bar No. 122556, United Law Group

▪ Nicholas Chavarela, Bar No. 251632, Rodis Law Group and America’s Law Group

▪ Steven Feldman, Bar No. 103676, Feldman Law Center

▪ Eric Johnson, Bar No. 224065, Avantgarde Group

▪ Paul Lucas, Bar No. 163076, Lucas Law Center

▪ Brandon Moreno, Bar No. 233750, U. S. Foreclosure

▪ Jeffrey Nemerofsky, Bar No. 213014, U.S. Advocacy Law Group and U.S. Financial Products

▪ Gregory Paiva, Bar No. 207218, Law Offices of Gregory Paiva

▪ Adrian Pomery, Bar No. 249664, U.S. Foreclosure

▪ Ronald Rodis, Bar No. 181873, Rodis Law Group and America’s Law Group

▪ Mark Shoemaker, Bar No. 134828, Advocates for Fair Lending

▪ Marc Tow, Bar No. 78429, Marc Tow and Associates

▪ Michael Yellin, Bar No. 255050, A Fresh Start Loan Modification

▪ Sean Rutledge, Bar No. 255938, United Law Group

The best way to find a good attorney is through the referral of someone who has used them. Another way is to contact the State Bar Association and ask for a referral. This is true whether you are in California or any other state. There are legitimate and honest attorneys out there, you just need to use caution when betting your money on one.

Some of the things to be wary of if you are in need of legal assistance:

• Ads should disclose who the attorney is that will be responsible- if not, be wary.
  
• Be on guard if the office personnel won't disclose the name of the attorney
  
• The attorney is too busy to meet with you in person and sends someone else in his stead
  
• The attorney tells the potential client to stop paying their loan payment.
• The rate of success is very high- 90% and above. Realistically, this would be unlikely.
  
• The company requires a large upfront fee even prior to any case assessment.
  
• The attorney isn't licensed for your state
  

References:

http://calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10144&n=96395