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DannLaw, Advocate Attorneys continue legal battle to restore federal unemployment benefits cut by DeWine

August 18, 2021 By Marc Dann

Lawyers from DannLaw and Advocate Attorneys LLP will continue the legal battle to force Governor Mike DeWine to accept federally funded supplemental unemployment insurance benefits today in the Tenth District Court of Appeals.  The hearing in the case, Bowling et al v. DeWine et al will begin at 1:00 PM and may be viewed here: (3) Ohio Tenth District Court of Appeals – YouTube.

The DannLaw/Advocate Attorneys legal team filed the lawsuit in Franklin County Common Pleas Court shortly after the governor and Matt Damschroeder, Director of the Ohio Department of Jobs and Family Services, announced that the state would terminate Ohio’s participation in the Federal Pandemic Unemployment Compensation (FPUC), Pandemic Unemployment Assistance (PUA), and Pandemic Emergency Unemployment Compensation (PEUC) programs on June 26, 2021. The plaintiffs argue that Ohio Revised Code Section ORC 4141.43(I) requires the state to accept the benefits and that DeWine and Damschroeder lacked the legal authority to cut them off.

On July 29 Franklin County Common Pleas Court Judge Michael Holbrook denied the plaintiff’s request for a writ of mandamus that would force the state to restore the $300 a week supplemental benefits through September 6, the sunset date set by the Biden Administration. The plaintiffs are asking the Tenth District Court to reverse the trial court’s decision and order the state to immediately restore the federally funded benefits. The brief may be viewed here: Bowling Candy 2021 07 30 Appellate Brief

Former Ohio Attorney General and DannLaw founder Marc Dann was set to argue the case, but he is now in quarantine after testing positive for COVID-19 despite having been vaccinated earlier this year. “My situation illustrates the fact that COVID-19 remains a serious threat to the health and financial well-being of Ohioans,” Dann said. “While I am fortunate enough to be able to work from home, many Ohioans, including our clients in this case, simply cannot. That is why we are fighting to force the governor to rescind his callous and politically motivated decision to terminate benefits people need to survive during the ongoing crisis.”

Andrew Engel, who will present the plaintiff’s case, noted that although the policy considerations and practical impact of DeWine’s decision are important, the Bowling case raises two purely legal issues: May the State refuse to participate in the FPUC for its entire term and did the Governor possess the authority, by himself, to terminate Ohio’s participation in the FPUC program? “If the answer to either of these questions is ‘no,’ then we believe the Court must reverse the trial court and order the state to restore the benefits,” Engel concluded.

For more information please contact Marc Dann at 216-373-0539 or [email protected]

Filed Under: Founding Partner, In the News, Managing Partner Tagged With: Coronavirus, Covid-19, Marc Dann, U.S. Economy

COVID-19 Update, August 2021

August 7, 2021 By Marc Dann

DannLaw founder Marc DannIt seems like just weeks ago we saw bright light at the end of the COVID-19 tunnel. Turns out that thanks to people who refuse to be vaccinated and the resultant spread of the highly contagious Delta variant of the Coronavirus that light may once again be an oncoming train that puts both lives and the nation’s economic recovery at risk. To eliminate that risk, we encourage everyone who has not already been vaccinated to roll up their sleeves and get their shot ASAP.

Unfortunately, the economic slowdown, more than 400,000 people a week are now filing new jobless claims, combined with Ohio Mike DeWine and other governors’ decision to rescind federally funded unemployment benefits leave millions of people at risk for losing their homes via eviction or foreclosure.

With that in mind, this update includes vital information about evictions, forbearance, and foreclosure…

First, a few updates on what we’ve been up to:

DannLaw Leads the Fight to Restore $1 Billion in Federal Benefits that Governor Dewine turned down for Unemployed Ohioans

You may have read about our effort to have the supplemental unemployment benefits restored to over 330,000 Ohioans. We argued in court that  Governor Dewine lacked the legal authority to refuse benefits made available to unemployed Ohioans by the Federal Government. While we lost the first round in Franklin County Court we are urging that the 10th District Court of Appeals to reverse the trial Judge’s decision. We are optimistic that our legal arguments on behalf of over 330,000 Ohioans will prevail. This is important not only to unemployed people but also to all of us. Those benefits will (and would have) pumped over $100 Million a week into Ohio’s economy. That money would be spent to support small businesses and employed workers throughout the state.

Ryder v. Wells Fargo Class Action Settles for $12 million: DannLaw Leads the Way

DannLaw and its co-counsel recently helped their clients resolve a class-action lawsuit against Wells Fargo related to glitches in the bank’s loan modification program: Ryder v. Wells Fargo Bank N.A., No. 1:19-cv-00638-TSB (S.D. Ohio). Through the settlement, roughly 1,830 class members will receive over $ 9 million in direct cash payments. No claim forms are required–checks will be issued directly to the class members. The rest of the settlement amount will be used to pay settlement administration fees and expenses, attorneys’ fees and expenses, and class representatives’ incentive awards. A copy of the settlement agreement may be found here and Plaintiffs’ Unopposed Motion for Preliminary Approval, filed on July 2, 2021, may be viewed here.

Foreclosure Moratorium Ends

The federal government’s foreclosure moratorium ended on July 31, 2021. Under new rules issued by the Consumer Financial Protection Bureau, foreclosure actions may proceed if the borrower:

  • Has abandoned the property.
  • Was more than 120 days behind on their mortgage before March 1, 2020.
  • Is more than 120 days behind on their mortgage payments and has not responded to specific required outreach from the mortgage servicer for 90 days
  • Has been evaluated for all options other than foreclosure and it is determined that foreclosure is unavoidable.

While foreclosure proceedings may begin, foreclosure is not necessarily a done deal. DannLaw’s experienced foreclosure defense attorneys have helped hundreds of families save their homes and their financial futures. We know how to use the law to protect borrowers and to hold lenders who violate the rules accountable.

If you were in foreclosure when the moratorium went into effect last year or believe your servicer or lender is about to begin proceedings to take your home, do not delay, contact DannLaw today to arrange a no-cost, no-obligation foreclosure defense consultation.

If you even suspect that a foreclosure will be initiated or reinstated Do not delay, contact us TODAY!  Click here to schedule an in-person, video conference, or telephone appointment or call us at 877-475-8100.

In Forbearance? Now is the time to begin planning your exit strategy…

There is also good news for homeowners in forbearance. The CFPB recently issued new rules designed to protect homeowners as mortgage forbearance programs and the moratorium on foreclosures end. The CFPB said the regulations, which take effect August 31, 2021, will give borrowers who stopped making their mortgage payments time to explore their options and require servicers to “redouble their efforts to work to prevent avoidable foreclosures.”

Among other things, the new rules will:

  • Give borrowers a meaningful opportunity to pursue loss mitigation options. To ensure that borrowers can pursue foreclosure avoidance options, servicers must meet temporary special procedural safeguards before initiating foreclosures through the end of the year.
  • Allow mortgage servicers to help borrowers faster.Servicers can now offer streamlined loan modifications to borrowers without making borrowers submit all the paperwork for every possible option. These streamlined loan modifications cannot increase borrowers’ payments and have other protections built into them.
  • Tell borrowers their options.Servicers will be required to increase their outreach to borrowers before initiating foreclosure and tell borrowers key information about their repayment or other options when they communicate with borrowers who are exiting forbearance or struggling to make mortgage payments.

Along with issuing the new rules, the federal government is also:

  • Extending the application deadline for homeowners who have not previously requested forbearance from July 1, 2021 to September 30, 2021. Six months of forbearance is available for new filers.
  • Providing homeowners who entered forbearance between July 1, 2020, and September 30, 2020, one additional three-month extension that will allow them to recover financially before resuming mortgage payments.

 Now is the time to begin planning your forbearance exit strategy.

Remember: forbearance is not forgiveness. At some point, borrowers will be responsible for missed payments, taxes, and other fees. The phase-out of the forbearance program and end of the foreclosure moratorium means now is the time for borrowers to plan and execute an exit strategy.

Fortunately, the CFPB’s new rules provide a clear roadmap to the future for many homeowners. Let’s take a look at the options available based on the type of loan you have. As always, the experienced legal team at DannLaw is available to help assess your situation and select the path that is right for you and your family. To arrange a no-cost, no-obligation consultation please complete and submit our contact form. We are eager to help you.

Generally speaking, borrowers whose loans are backed by the federal government have four ways to repay balances that accumulated during forbearance:

Repayment Plan

This option might be right for you if…
You can afford to pay more than your regular mortgage payment for a few months.

How it works
A portion of the amount you owe will be added to the amount you pay each month.

Deferral or Partial Claim

This option might be right for you if…
You can resume your regular payments but can’t afford to increase your payments.

How it works
These options will either move your missed payments to the end of your loan or put them into a subordinate lien repayable only when you refinance, sell, or terminate your mortgage.

Loan Modification

This option might be right for you if…
You can no longer afford to make your regular mortgage payment.

How it works
Your payment can be reduced to an affordable amount and your missed payments will be added to the amount you owe. Your monthly payments could also be lower, but it could take longer to pay off your loan.

Lump-sum Reinstatement

This option might be right for you if…
You want to pay back all of your missed payments at once.

How it works
For most loans, servicers cannot require you to pay a lump sum. So, if you only hear about a lump-sum repayment, ask about other options.

Now let’s look at the options available by the type of loan:

Fannie Mae/Freddie Mac.

Fannie Mae and Freddie Mac do not require a lump sum payment at the end of forbearance and offer repayment plans, deferrals and partial claims, and loan modifications. Your servicer should reach out to you about 30 days before your forbearance plan ends to determine which program is best for you.

HUD/FHA

HUD/FHA  does not require lump sum repayment at the end of the forbearance. Servicers will determine if the borrower is eligible for FHA’s COVID-19 Recovery Standalone Partial Claim home retention option no later than at the end of the forbearance period. This program is for homeowners able to resume making their monthly mortgage payments and places arrearages into a subordinate lien that is repaid only when the home is refinanced, sold, or the mortgage is terminated. This lien does not accrue interest.

Borrowers who cannot resume making existing monthly mortgage payments may be eligible for the COVID-19 Recovery Modification which extends the term of the mortgage to 360 months at a fixed rate and targets reducing the monthly principal and interest portion of monthly mortgage payments.

USDA Rural Housing Service 

USDA does not require a lump sum payment at the end of the forbearance. Borrowers able to resume making regular payments should be offered an affordable repayment plan or term extension that defers arrearages to the end of the loan. Servicers should determine if borrowers unable to begin making regular payments qualify for other loss mitigation options.

VA Loans

Servicers of VA loans cannot require borrowers to make a lump sum payment at the end of forbearance. VA currently offers repayment plans and loan modifications and is now evaluating other options that may be made available in the future.

An important note for borrowers with private loans.

Homeowners whose mortgages are held by private lenders are especially at risk at the end of forbearance. If you are in forbearance, please stay in regular contact with your servicer because they have the ability to change the terms of your plan at any time. They can also require you to make a lump sum payment when forbearance ends. In addition, it is highly likely that any repayment options they offer will be designed to maximize their profit at your expense.

DannLaw’s experienced legal team knows how to deal with and hold private lenders accountable. If you have a private mortgage, don’t hesitate to contact us to arrange a free consultation so we can assess your situation and help ensure that your home and your finances don’t become victims of the pandemic.

For comprehensive information about forbearance, repayment options, and other COVID-19-related mortgage issues please visit the CFPB’s Help for Homeowners webpage.

For Renters

The good news: on Tuesday, August 3, the Centers for Disease Control and Prevention (CDC) extended the eviction moratorium that had expired on July 31 until October 3, 2021. The eviction ban is in effect for areas of the nation experiencing “substantial and high levels of community transmission” of the coronavirus. That means 90% of the nearly 11 million people behind in their rent are protected.

According to the Biden administration, the extension will give renters and landlords time to access the more than $46 billion in aid that has been approved by Congress. To date only $3 billion has been disbursed. That means lots of dollars are available to pay for rent, late fees, utilities, and moving costs. You can learn more about the assistance programs here.

If you are behind in your rent payments, we strongly urge you to take the following steps:

  1. Determine if you are eligible for assistance. To be eligible you must have an agreement to pay rent for your home or mobile home lot. You don’t need to have a signed lease, and your home could be an apartment, house, mobile home, or other place. In addition, these factors must apply to at least one member of your household:
  • They did or should qualify for unemployment benefits;
  • They lost income
  • They owe large expenses or had other financial hardships
  • They are experiencing housing instability, which means they are at risk of becoming homeless or would have trouble finding a stable place to live.

Eligibility is also determined by household income based on where you live. For detailed information about eligibility click here then select your state, territory, or tribe from the pulldown menu.

  1. If you are eligible, apply TODAY! Do not wait, take advantage of the help that is available as soon as possible by clicking here then select your state, territory, or tribe from the pulldown menu.
  2. Communicate with your landlord. If you are behind in your rent, please communicate with your landlord. If you have applied for aid tell them. If you are not eligible, keep them advised of your situation and explore the possibility of working out a payment plan that will enable you to stay in your home when the moratorium ends.
  3. Do not ignore letters or summonses issued by a court. When and if you receive an eviction notice or are summoned to court, you must respond. Ignoring letters or failing to appear practically guarantees that you will be evicted.

Thanks for taking the time to read this important update, and as always feel free to contact us should you have questions or need our help. https://calendly.com/mdann

Filed Under: CFPB, Class Action Lawsuit, Covid-19, Evcitions, Foreclosure, Founding Partner, In the News, RESPA Tagged With: Coronavirus, Foreclosure Defense, Loan Modification, Marc Dann, RESPA, Wells Fargo

DannLaw, Advocate Attorneys refile lawsuit against DeWine, Damschroeder in Franklin County Common Pleas Court

July 16, 2021 By Marc Dann

The team of attorneys who filed suit in Cuyahoga Common Pleas Court to force Governor Mike DeWine and Matt Damschroeder, Director of the Ohio Department of Jobs and Family Services to rescind their decision to terminate federally-funded supplemental unemployment benefits announced today that they have refiled the action in Franklin County Common Pleas Court. The decision comes after Judge Michael Shaughnessy granted the state’s motion for a change of venue. The case has been assigned to Franklin County Common Pleas Judge Michael Holbrook.

Former Ohio AG Marc Dann and Brian Flick of DannLaw and Andrew Engel of Advocate Attorneys LLP said they are refiling in Franklin County because battling over venue would have delayed hearings on the substantive issues raised in the case and their motion for a temporary restraining order and preliminary injunction that would compel the state to restore the benefits. They hope to have an initial hearing on or before July 21.

“We want to get to a hearing before a judge as quickly as possible because, as the emails and phone calls we’ve received since we filed the suit clearly demonstrate, many, many Ohioans are being hurt by the governor’s callous and illegal decision to cut off these essential benefits,” Dann said.

The Mandamus complaint may be viewed here: Bowling Candy 2021 07 15 TS Franklin County Complaint1

The motion for a TRO and preliminary injunction may be viewed here: Bowling Candy 2021 07 15 TS Motion for TRO Franklin1

DannLaw’s response to the State’s motion may be viewed here: Bowling Candy 2021 07 21 Reply in Response to Memorandum in Opp

Filed Under: In the News

DannLaw asks court to compel Governor DeWine to reverse decision to cut off federal unemployment benefits for workers devastated by pandemic

July 6, 2021 By Marc Dann

Marc Dann and Brian Flick of DannLaw, one of the nation’s leading consumer protection law firms and Attorney Andrew Engel of Advocate Attorneys, LLP, today filed suit in Cuyahoga County Common Pleas Court to force Governor Mike DeWine and Matt Damschroeder, Director of the Ohio Department of Jobs and Family Services to rescind their decision to terminate Ohio’s participation in the Federal Pandemic Unemployment Compensation (FPUC), Pandemic Unemployment Assistance (PUA),  Pandemic Emergency Unemployment Compensation (PEUC) programs. The first hearing in the case has been set for July 21, 2021 at 1:30 P.M. before Judge Michael P. Shaughnessy in Courtroom 16 C in the Cuyahoga County Justice Center, 1200 Ontario St, Cleveland, OH.

DeWine and Damschroder announced on May 13, 2021 that the federally-funded benefits would be cutoff on June 26, 2021. Ohio is one of 27 states governed by Republicans that decided to terminate the benefits early.

“Along with jeopardizing the personal and financial well-being of Ohioans who are struggling to recover from the pandemic, DeWine and Damschroder’s callous and politically-motivated decision to terminate the federal benefits represents a willful and blatant violation of Ohio law,” Brian Flick said.

According to the lawsuit, Ohio Revised Code Section ORC 4141.43(I) requires Damschroder to

“…cooperate with the United States department of labor to the fullest extent…[and] take such action…as may be necessary to secure to this state and its citizens all advantages available under the provisions of the “Social Security Act” that relate to unemployment compensation…”

The mandamus action asks the Cuyahoga County Common Pleas Court to:

  • Declare Governor Dewine and Director Damschroder to be in violation of their statutory duties under R.C. 4141.43(I) by terminating Ohio’s participation in PUA, PEUC, and FUPC benefits as of the week of June 26, 2021;
  • Enjoin Dewine, Damschroder, their officers, employees, and agents, from withdrawing the State of Ohio from unemployment benefits offered through the CARES Act;
  • Order Dewine and Damschroder to immediately notify the United States Department of Labor of Ohio will participate in the programs for their duration;
  • Issue a peremptory writ of mandamus requiring the Defendants’ perform their statutory duties required by ORC 4141.43(I) and immediately take all action necessary to reinstate Ohio’s participation in all federal unemployment insurance benefit available from the United States Department of Labor.

DannLaw and Advocate Attorneys are also seeking a Temporary Restraining Order and Preliminary Injunction enjoining Dewine and Damschroder from denying Ohioans

the right to receive FPUC benefits.

The mandamus action may be viewed here: Bowling Candy 2021 07 06 First Amended Complaint TO FILE

The motion for a temporary restraining order may be viewed here: Bowling Candy 2021 07 05 Motion for TRO Final

Similar suits have been filed in three other states: Indiana, Maryland, and Texas. On June 25 Indiana Superior Court Judge John Hanley ruled that the state must continue paying the benefits and said “Indiana law recognizes the importance of these benefits. Indiana law requires the State to accept these benefits.” Court action is pending in Maryland and Texas.

“Indiana’s statutory language is very similar to Ohio’s,” Atty. Dann noted. “We believe we are right on the law an absolutely right as it relates to public policy that protects the interests of the people of the state of Ohio.”

For more information, please contact Atty. Marc Dann at 216-373-0539 or by emailing [email protected]

Filed Under: Attorneys, Class Action Lawsuit, Covid-19, Founding Partner, In the News Tagged With: Coronavirus, Marc Dann, U.S. Economy

It’s Official, DannLaw’s Cleveland office has moved to 15000 Madison Avenue, Cleveland, Ohio 44107

July 1, 2021 By Marc Dann

DannLaw new address 15000 Madison Avenue, Cleveland, Ohio 44107

Filed Under: In the News

Blue Line Solutions agrees to settlement in Girard speed camera class action, DannLaw, Zimmerman Law Offices vow to continue fighting to hold city accountable for issuing bogus tickets

June 22, 2021 By Marc Dann

DannLaw founder Marc DannBlue Line Solutions, LLC, co-defendant with Girard, Ohio in a class-action lawsuit filed by DannLaw and Zimmerman Law Offices PC on behalf of 7,700 motorists wrongly cited for speeding while traveling through the city on Interstate 80, has agreed to pay $175,000 to settle claims made against the speed camera company according to DannLaw founder and former Ohio Attorney General Marc Dann. The city of Girard has not settled and remains a party to the suit.

The $175,000 payment from Tennessee-based Blue Line will be distributed after all class members have been notified that the settlement has been reached and when the remaining claims in the suit against Girard have been resolved. Those eligible for compensation will automatically receive checks unless they choose to opt-out of the settlement and pursue legal action against the city and company on their own.

DannLaw and Zimmerman Law Offices PC filed the class action in July 2018 after being approached by a number of motorists who were erroneously ticketed by the city and Blue Line between December 7, 2017 and January 7, 2018. “The speed limit on the stretch of I-80 that passes through Girard had been reduced to 55 miles per hour while The Ohio Department of Transportation was repairing the road,” Atty. Dann explained. “The limit was raised to 65 when work was completed on December 7, but for the next month the city and Blue Line continued to cite people for speeding through a construction that no longer existed.”

“As a result, thousands of people paid fines of $100 to $150 they did not owe, many were charged substantial late and collection fees and those who appealed the citations were hit with an additional fee of $25 even though they had done nothing wrong,” Atty Dann said. “The entire situation was inexcusable and outrageous.”

55 mile per hour sign“Filing the class action was the only way to secure justice and obtain compensation for motorists victimized by Girard and Blue Line,” Atty. Dann said. “City officials won’t admit they were wrong, continue to falsely claim they were not aware of the fact that construction had been completed and the speed limit raised to 65 MPH, and refuse to refund money they essentially pilfered from innocent people. Now that Blue Line has settled, we are going to focus our efforts on holding city officials accountable for their actions—no matter how long that may take.”

Atty. Dann noted that there is also a public policy aspect to the case. “Our suit and the evidence we developed in the course of pursuing justice, shines a spotlight on the dangers that accompany privatizing important public services like law enforcement,” he said. “Blue Line, which does not answer to voters or taxpayers, could care less that bogus tickets were being issued and unfortunately, city officials were more than willing to abdicate their responsibilities as long as the dollars were rolling in.”

“This sordid affair makes it easy to understand why the General Assembly has repeatedly attempted to rein-in the speed camera racket,” Atty. Dann said. “Hopefully the information we’ve uncovered while litigating this case will advance that cause.”

Filed Under: Class Action Lawsuit, Consumer Fraud Tagged With: Class Action Lawsuit

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