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How Can I Stop an Ohio Sheriff Sale?

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If you are in danger of losing your home to foreclosure, you should contact an Ohio foreclosure defense attorney immediately. That’s true even if your mortgage lender, Wells Fargo, Bank of America, etc., has obtained a final judgment and a sheriff sale of your home has already been scheduled. There are laws in place to protect your rights, and you can still fight back. Here’s what you can do to postpone or stop an Ohio sheriff sale.

Options to Stop an Ohio Sheriff Sale

Obtain a Stay of Sale Motion. You can file a motion asking a state court judge stay the sale.

Seek Bankruptcy. Filing for Chapter 7 or Chapter 13 bankruptcy will generate an Automatic Stay that stops all creditor actions including foreclosure lawsuits and sheriff sales. This is true even if you file for bankruptcy the morning of the scheduled sheriff sale. But please don’t wait until the last minute, contact DannLaw to arrange a no-cost consultation before a foreclosure lawsuit is filed or sheriff sale is scheduled so we can determine which course of action is best for you.

Apply for a Loan Modification. If you apply for a loan modification in Ohio at least 38 days before the date of a sheriff sale your lender must halt the sale and review the application before proceeding. If your loan modification is approved and you begin making payments your lender cannot pursue a foreclosure action or sheriff sale.

Learn more about the OH Sheriff Sale Timeline

Contact the Foreclosure Defense Attorneys at DannLaw

It is important that you contact a foreclosure defense attorney as soon as possible if you are facing an Ohio sheriff sale. DannLaw’s knowledgeable and experienced attorneys have helped hundreds of families stay in their homes. Reach out today for a free consultation so we can discuss your situation and begin fighting for you.

We can help you stop a sheriff sale in all Ohio counties including:

Keeping the Dream Alive

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Last year, Edwardo Sanchez, a paralegal in DannLaw’s New Jersey and New York office became the first person in his family to graduate from college, an event he proudly shared on Twitter. His tweet was noticed and retweeted by none other than Bill Gates who told his 43.2 million followers that Edwardo’s story was an “amazing moment of hope and progress” in what had been a “really tough year.” I agree with Mr. Gates, Edwardo’s achievement gives us all hope that the American Dream is still alive.

Like Mr. Gates I also believe 2017 was a really rough year – and I’m afraid it may have been the first in an epoch during which it will become increasingly difficult for people to realize their dreams whether they involve graduating from college, buying a home, living in a safe neighborhood with good schools, achieving financial security, participating in the democratic process, realizing their full potential as human beings, or enjoying their retirement years. All those things are now at risk because the current administration is rolling back regulations and refusing to enforce laws that ensure Edwardo and other Americans have the opportunity to use their talents to achieve and succeed.

I’ll readily admit I was depressed about the situation until I realized that there was one group in the country that could step in and assume the responsibilities government was abdicating – lawyers. That’s right, lawyers like me, like my colleagues at DannLaw, like the thousands of lawyers across the country who do one thing in many different ways – help clients achieve their dreams.

When you think about it, we lawyers have always been in the hope and progress business. We’ve always been there when the government failed to protect its citizens. Lawyers were at the forefront of the civil rights movement, the drive to make cars safer, to rid medicine of bad doctors and dangerous drugs, to clean up our air and water, to protect consumers, and advocate for the disabled.

Armed with only JDs, knowledge, guts, and an unwavering belief in the principle of equal justice under law, lawyers made America a better place to live time and time again.

That aspect of our profession has never been more important than it is today.

With that in mind, we at DannLaw are redoubling our efforts to battle the home foreclosure crisis that is still roiling communities across Ohio by using Regulation X of the Real Estate Settlement Protection Act (RESPA) and Regulation Z of the Truth in Lending Act (TILA) to hold lenders and servicers accountable when they ignore the law and abuse borrowers.

Fortunately, these powerful tools managed to escape the fate that has befallen large portions of the nation’s regulatory regime over the past year. Indeed, I’m both happy and astonished to report that Reg. X is stronger than ever thanks to the enactment of additional amendments that became effective in October. Readers can learn more about the new provisions by visiting DannLaw.com or by contacting Dan Solar, leader of our RESPA practice group.

We also plan to do more to help borrowers deal with student loan debt which now exceeds $1.31 trillion and is turning the dream of obtaining a college degree into a nightmare for American families. According to Emily White, director of our student loan practice group, the Department of Education’s decision to relax oversight of the industry has freed lenders to use increasingly aggressive tactics against borrowers. Although people who took out loans backed by the government have few options, we can help students who borrowed from National Collegiate and other private lenders because those companies, like their counterparts in the mortgage industry, often commit sloppy mistakes and paperwork errors that make it difficult if not impossible for them to collect. Emily and I will have more to report during 2018.

Which is a great segue into an area in which we made great progress during 2017 – disability rights law. I’m extremely proud of the work we’ve done to convince companies to bring their digital platforms into compliance with the Americans With Disabilities Act and similar state statutes.

Here’s a special note to my friends who practice corporate defense law and their clients – complying with the ADA is a win/ win. Enabling people with disabilities to purchase goods via your websites and apps will create millions of new customers and generate billions in profits. Don’t take my word for it, just ask Target, the company’s reaped huge profits since becoming a leader in accessibility.

Those are just a few areas where we have and will continue to step in and use the law to do what government won’t – protect and enhance our clients’ ability to achieve their dreams.

Knowing we have the power to do it has made me prouder than ever to be a lawyer.

New documentary chronicles “The Con” that nearly destroyed America’s economy and the role Marc Dann played in pursuing scam artists

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In 2007 then-Ohio Attorney General Marc Dann was among the first officials in the nation to recognize that years of predatory mortgage lending and Wall Street greed was about to devastate the housing market and bring the U.S. economy to the brink of collapse.

Now the filmmakers at Red Point Digital have produced and are preparing to release The Con, a documentary that chronicles the crisis, the people crushed by it, and those like Marc Dann who attempted to stop the economic carnage and hold those responsible for it accountable. Marc plays a prominent role because he, unlike federal officials, actually formed a criminal investigation task force that led to arrests and prosecutions of the scam artists who came close to utterly destroying the American Dream.

You can watch a trailer of The Con by clicking on the pic above. We’ll let you know when the full movie is released.

And just in case you think all is right with the world ten years after the crash, read the following piece about the ongoing foreclosure crisis in Ohio…

“The reports of my death are greatly exaggerated.” American author and humorist Samuel Clemens (Mark Twain) commenting on his supposed demise in 1897.

Unfortunately, the same thing can be said of the supposed demise of the housing crisis that’s cost millions of Americans their homes, savings, and peace of mind. Yes, like everyone else, I’ve seen the stories touting the economic recovery that’s sweeping the nation, but a number of things prevent me from adding my voice to the chorus singing Happy Days are Here Again.

First, there’s my own experience: distressed homeowners contact my firm every day desperately searching for a way to save their homes.. According to media reports, the only thing I should be hearing in my office are crickets, but the opposite is true.

Second, there’s the 2016 presidential election. I normally avoid the temptation—my spouse would call it a compulsion—to be overtly political in these columns, but pundits of all persuasions point to the economy and working class angst as the main reasons Donald Trump won. It’s not a coincidence that the voters who handed him the keys to the Oval Office live in states like Ohio that have been hit hard by a housing crisis that’s supposed to be over.

Except it isn’t, as a new report issued by Attom Data Solutions clearly shows. According to the company’s figures, nearly 20% of Ohio homeowners are underwater, i.e. they owe more than their houses are worth. The numbers are even more depressing when you look at the negative equity statistics city-by-city: Cleveland, 22.9%; Akron, 20.3%; Dayton, 20.3%; Toledo, 20.0%. If that data set isn’t bleak enough for you consider this: Columbus and Cincinnati are among the cities with the fastest rate of growth in underwater mortgages in the nation.

All of which explains why my phones will be ringing incessantly for some time to come.

I have often written about the economic toll the ongoing housing crisis already has and, based on the Attom report, will continue to extract from individuals, families, and entire communities in Ohio and other states. What we don’t talk about often enough is its impact on domestic relations law.

Let me explain…

Fifteen years ago, when I ran a law firm located in a strip plaza just outside Youngstown, Ohio, domestic relations work made up a considerable portion of my practice. Then, fighting over the equity in the marital home often led two people who had once been madly in love to regard each other with disdain that bordered on downright hate. But, in the end, at least one or both parties walked away with some cash and/or a home at the end of the day.

In 2008 the housing market collapsed and the situation changed. Although I had stopped doing domestic work, colleagues who did told me couples regularly engaged in “I don’t want it, you can have it” battles to determine which spouse would be stuck with a residence that was tens of thousands of dollars or more underwater. Divorce and dissolution proceedings ground to a halt as couples struggled to find a way to deal with crushing debt and the consequences of foreclosure. When people mired in this type of situation finally were divorced they ended up homeless and deeply in debt.

Nine years later not much has changed. The stress caused by attempting to bail out a home that’s underwater not only destroys marriages, it forces people who want to separate to stay together, increases the negative financial impact that often accompanies divorce, and makes it even harder for both parties to get on with their lives.

That’s why we readily agree to work with couples and attorneys who call us to help resolve mortgage and negative equity issues. They trust us to act as honest, impartial professionals who know how to delay, defend and deal with the aftermath of foreclosures. Whether we negotiate loan modifications, arrange short sales, ensure that mortgage companies have legal standing to foreclose, or use Regulations X and Z to hold financial institutions accountable when they break the rules, we extricate homeowners from situations that appeared hopeless and put them in a position to build a brighter future for themselves and their families.

That’s what makes foreclosure defense the most satisfying work I’ve done since I graduated law school. But I have to admit that I dream of the day when my phone’s not ringing because that would mean the housing crisis had ended, mortgage lenders and servicers were acting responsibly, and all was right with the world.

I know, it’s not going to happen, but I can dream can’t I? Until then, we at the Dann Law Firm will just keep doing what we do: helping people deal with the ongoing nightmare that is the housing crisis.

Hundreds of thousands snared by Wells Fargo auto loan scam, victims are entitled to monetary compensation

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Look up the word “scam” in the dictionary these days and you just might find the Wells Fargo logo. The giant lender, already accused of cheating homeowners in bankruptcy and creating fraudulent credit card and bank accounts for millions of unsuspecting customers, has now been caught charging people who took out car loans for insurance they didn’t need.

According to media reports more than 800,000 people were charged for insurance they did not need. Charges for the insurance, which were often deducted directly from customers’ bank accounts, forced 274,000 borrowers into delinquency and resulted in almost 25,000 wrongful vehicle repossessions. Members of the military on active duty were among the victims of WF’s latest scam.

Wells Fargo will soon begin sending out letters to customers who have been caught up in the auto insurance scam. Along with the letter, borrowers will be offered a settlement of approximately $140. Those whose cars were possessed illegally will be offered $800. Both amounts are laughably low and fall far short of compensating victims for the harm done to their credit rating, the premiums they paid for insurance they neither wanted nor needed, the embarrassment caused by vehicle repossession, and the bank’s utter negligence and unethical behavior.

If you or someone you know receives a letter and a check from Wells Fargo do not cash it or sign the settlement agreement that may be attached to it. Instead, you should immediately call 216-373-0539 oremail the experienced attorneys at the Dann Law firm to schedule a no-cost consultation. We’ll review your loan documents and if we learn you’ve been cheated we’ll begin fighting for the money you need and deserve.

If you do not receive a letter and a check but have taken out a Wells Fargo car loan in the past ten years you should contact us. That’s because the company obviously can’t be trusted to do the right thing and may not reach out to every customer who has been scammed. Our free review is the sure way to establish if you’re entitled to monetary compensation.

And here’s an important note: we’ll also conduct a free review of your Wells Fargo mortgage that will enable us to determine if the bank is cheating you. If that’s the case you may be entitled to a substantial cash award.

The New York Times recently published a comprehensive report about the car insurance scam. You may read it here. In the meantime, please contact us at once at 216-373-0539 or via email to arrange a free consultation if you obtained a car loan through Wells Fargo in the past ten years. We’re ready to fight for justice and the compensation you deserve.

Battling the powerful on behalf of the powerless: AAL article explores the influences that shaped Marc Dann’s commitment to consumer law

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Anyone who knows Marc Dann: clients, colleagues, opposing counsel, judges, reporters, is well aware of what he does for a living. But only the members of his family and closest friends truly understood why he does what he does.

Until today. That’s because the “Attorney of the Month” article about Marc that appears in the latest edition of Attorney at Law magazine delves into the influences that shaped his remarkable legal career and led him to eschew life as a partner in a “tall building” law firm for an office in a strip plaza with a waiting room overflowing with “regular, working-class people” who needed his help.

The article traces his life in the law from his first job as director of the anti-trust division in the office of the West Virginia AG, through his tenure as a crusading Ohio state senator and attorney general, to his current position: one of the nation’s most successful and innovative consumer protection and foreclosure defense attorneys.

You may access the entire article here. It’s well worth the click…

PaytonDann and Manning law firms file suit alleging McDonald’s website and mobile app violate Americans with Disabilities Act, California’s Unruh Civil Rights Act

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Lawsuit claims restaurant chain’s website and mobile app are not fully accessible to and independently usable by the blind or visually-impaired.

CHICAGO, April 25, 2017 —The Manning Law Firm of Newport Beach California has joined with former Ohio Attorney General Marc Dann of the Dann Law Firm to file suit in federal court alleging that the McDonald’s restaurant chain is in violation of the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act (UCRA). The suit was filed because the company’s website and mobile app are not fully accessible to or independently usable by people who are blind or visually impaired. The action was filed on behalf of Sean Gorecki, a legally blind California resident who, despite numerous attempts, has been unable to access goods and services regularly offered on McDonald’s website and/or mobile app that are readily available to the non-visually impaired.

The Case, Sean Gorecki vs. McDonald’s Corporation, Case No. 1:17-cv-03036, was filed in The United States District Court for the Northern District of Illinois Eastern Division because McDonald’s is headquartered in Oak Brook, Illinois. Among other remedies, the suit seeks a permanent injunction ordering McDonald’s to make its website and mobile app readily accessible to and usable by blind and visually-impaired individuals.

“McDonald’s could easily make the legally-required accommodations called for in the suit,” Atty. Dann said. “Every day thousands of blind and visually impaired people, including Mr. Gorecki, use screen reader software programs like Job Access With Speech (JAWS) for Windows devices or Apple’s VoiceOver to access websites and apps. But in order to function properly, the information on a website or app must be formatted so the screen reader can render it into meaningful text. Numerous companies have built that capability into their sites and apps. McDonald’s has chosen not to do so. That’s an unfortunate business decision and, we contend, a clear violation of the ADA and the UCRA.”

“The Department of Justice and case law, including National Federation of the Blind v Target Corp., establish that websites and apps belonging to private companies fall within the ADA’s accessibility requirements,” Atty. Manning noted. “The NFB v Target case is compelling because after denying wrongdoing, Target began working with the NFB to ensure that blind and visually impaired consumers had equal access to products and information on Target.com. As a result, the case was settled, Target received Gold Level NFB-NVA Certification and the company is now recognized as a leader in web accessibility.”

“The settlement was a win for the blind and visually impaired and for Target,” Manning commented. “Mr. Gorecki, I, and the other members of his legal team believe we can achieve a similar outcome in our case.”

The numerous problems Mr. Gorecki encountered when attempting to access McDonalds.com and the company’s mobile app to purchase goods and services include:

  • The home page has graphics, links, and buttons that are not labeled or are incorrectly labeled, or lack alternative text (“Alt-text”).
  • The Nutrition Calculator does not add items to the meal when a screen-reader user selects “add”, and the values for the Nutrition Calculator are not clear.
  • There are several links throughout the website that say “void (0).”
  • The menus and sub menus have redundant coding that causes screen-readers to repeatedly state “menu sub-menu.”
  • Finding a location is not fully accessible due to the structure of the headings and the constant pop-up to urge the screen-reader user to enter e-mail and zip code to sign up for the mailing list.
  • The website is structured in a confusing manner for screen-readers

“McDonald’s knows these deficiencies exist, but they’ve elected not to address them so Mr. Gorecki was left with no other recourse than to assert his rights under the ADA and the UCRA,” Dann said.

In order to address the issues and bring the company into compliance with the law, the suit asks the court to order McDonald’s to make its website and app accessible to the blind and visually impaired, regularly check the performance of both platforms, conduct end-user accessibility tests, and develop an accessibility policy as well as a process for reporting and resolving accessibility-related issues.