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Sixth Circuit ruling allows legal team at DannLaw, Advocate Attorneys to continue battle against unconstitutional foreclosure process

June 14, 2021 By Marc Dann

DannLaw founder Marc DannDannLaw and Advocate Attorneys founder and former Ohio Attorney General Marc Dann and Andrew Engel of Advocate Attorneys LLP are hailing a recent Sixth Circuit Court of Appeals ruling that will enable them to continue fighting against Ohio’s unconstitutional  Board of Revision (BOR) tax foreclosure process in Federal District Court. The suit alleges that Montgomery County has used BOR foreclosures to steal millions of dollars in equity from property owners. A Federal District Judge in Cleveland has already found that Cuyahoga County is liable to a property owner for equity stolen in a similar manner.

The ruling in Harrison v. Montgomery County reverses a Federal District Court judge’s dismissal of a lawsuit filed by Dayton, Ohio resident Alana Harrison after the county seized her late mother’s home in 2017 via a BOR foreclosure due to a $20,000 property tax delinquency. (   ) The home’s fair market values of $22,600 was roughly $3,000 more than the taxes owed. Ms. Harrison never received the surplus equity because the BOR statute provides no way to pay it. You may read more about the case and view an interview with Ms. Harrison and Atty. Engel conducted by the Dayton Daily News here.  The Sixth Circuit ruling and all documents related to the case may be viewed and downloaded here.

In the suit Attorneys Dann and Engel contend that BOR foreclosures violate the Fifth Amendment’s Takings Clause, provisions of the Fourteenth Amendment, and sections of the U.S. Code because they do not give property owners the opportunity to seek and receive the equity that remains after a residential or commercial parcel is sold and the taxes, interest, and penalties due are paid.

“It’s well established that government has the power to take properties via public domain,” Atty. Dann said. “But government has never been permitted to do so without compensating the owner for its value until states began authorizing the use of administrative foreclosure procedures like the one we are challenging on behalf of Ms. Harrison, property owners across Ohio, and American Homeowner Preservation LLC (AHP), a company that specializes in offering ‘micromortgages’ to low-income families who want to enter the housing market.”

OH Foreclosure Timeline“This has happened to thousands of Ohioans,” Atty. Dann said. “The BOR process is a systematic taking that, according to a study by the by the Ohio Center for Journalism, robbed Ohio property owners and banks of more than $77 million in equity in 2019 alone. And because BOR foreclosures wipe out the tax debt that is owed, millions of dollars that should to school districts, local communities, and other taxing entities also vanish into thin air. Somewhere along the line what seemed like an efficient way to eliminate blight and improve neighborhoods has gone badly off the rails.”

According to Atty. Engel that view of the BOR process is gaining traction in the courts and the legal community. A number of legal journals and blogs, including JDSupra, inversecondemnation.com, and Reason reported on the Sixth Circuit decision and noted that the Supreme Court’s 2019 decision in  Knick v. Township of Scott  and the Michigan Supreme Court’s finding in Rafaelli LLC v. Oakland County make it likely that the U.S. Supreme Court will take up the issue sometime in the next five years.

In the meantime, the legal team at DannLaw and Advocate Attorneys will continue to aggressively represent clients like Ms. Harrison, AHP, and other victims of BOR foreclosures and other unconstitutional takings elsewhere. “We are eager to speak to anyone who has been impacted by this process,” Atty. Dann said. “Thousands of people have and will continue to lose millions of dollars until these illegal takings end. We won’t stop fighting until we achieve that goal.”

To arrange a no-cost consultation to discuss a BOR foreclosure contact DannLaw TODAY by calling 877-475-8100 or using the contact form on our website: dannlaw.brmcstaging.com/contact

Filed Under: Foreclosure, Founding Partner, SCOTUS Tagged With: Foreclosure Defense, Marc Dann

Live in PA? Borrow from TitleMax in the past four years? You need to call DannLaw TODAY!

June 10, 2021 By Marc Dann

The consumer protection team at DannLaw and Advocate Attorneys, along with Atty. Nathan Lloyd Gess are investigating reports that TitleMax has repeatedly violated Pennsylvania’s lending laws by charging borrowers interest rates that would make a loan shark blush. If you or someone you know has borrowed from TitleMax in the Keystone State in the past four years we urge you to contact DannLaw TODAY by calling 877-475-8100 or using the contact form on our website: www.dannlaw.brmcstaging.com/contact to arrange a no-cost consultation.

Here is what we know and why you should act immediately to protect yourself: Even though PA law caps the annual interest rate on title loans at 6%, TitleMax is reportedly charging as much as 132% which adds thousands, even tens of thousands of dollars in finance charges to title loans. They pull off this scam by refusing to allow consumers to view loan documents on computer screens before borrowers sign them electronically and using other tricks to conceal the true interest rate.

The outrageous and illegal interest rates TitleMax is charging often cause borrowers to miss payments. When they do, TitleMax quickly repossesses the vehicle that is securing the loan.

If you or someone you know has borrowed from TitleMax in Pennsylvania in the past four years you may be a victim of this scam. You should contact DannLaw today even if your loan has been paid off or your vehicle has already been repossessed. We will examine your loan documents and help you fight for justice.

And, because TitleMax may be violating state and federal lending laws, you may also be entitled to monetary compensation.

Don’t delay, contact DannLaw today at 877-475-8100 or www.dannlaw.brmcstaging.com/contact so we can begin fighting for you!

Filed Under: In the News

Attorneys Dann and Engel ask Supreme Court to compel STRS and consulting firm to release financial information

May 24, 2021 By Marc Dann

On Monday, May 24, 2021, Attorneys Marc Dann and Andrew Engel of Advocate Attorneys LLP filed a mandamus action that asks the Ohio Supreme Court to compel officials of the State Teachers Retirement System of Ohio (STRS) and consulting firm CEM Benchmarking to comply with Ohio’s public records law and release financial information for the STRS pension fund, including returns achieved, expenses incurred by the funds, fees charged by outside fund managers, and comparisons of STRS’s performance with those of similar public pension funds in other states.

The documents in question were first requested by Edward “Ted” Siedle, President of Benchmark Financial Services, the firm retained by the Ohio Retired Teachers Association in October 2020 to perform a forensic investigation of STRS. Seidle’s request, submitted on February 19, 2021, sought all contracts between STRS and CEM Benchmarking, all reports and analysis produced by CEM Benchmarking related to STRS’s investment management fees, costs, and expenses, and all reports and analysis produced by CEM Benchmarking related to alternative investments.

More than two months later STRS turned over only heavily redacted copies of some the requested documents and failed to provide a copy of the system’s contract with CEM.

“STRS’s response is contrary to law, but it is not surprising,” Dann said. “The system and CEM are stonewalling and denying active and retired teachers as well as Ohio taxpayers vital information about the fund’s performance, the fees it pays advisors, and its overall management and operations. The public has a right to know what the fund and CEM are hiding and why.”

Attorney Dann, Engel, and Seidle discussed the lawsuit during a Zoom news conference at 2:00 P.M. on Monday, May 24. A recording of the event may be viewed at News Conference 5-24-21.

The mandamus action and supporting documents are available for viewing and download here:

STRS mandamus

STRS affadavit 1

STRS affadavit 2

STRS affadavit 3

 

Filed Under: In the News

Emergency Alert: DannLaw launches probe of Premier Bank mortgage servicing practices

May 18, 2021 By Marc Dann

If you are a former Home Savings or First Federal customer who now banks with Premier, contact us TODAY so we can protect your family’s financial future and fight for the monetary compensation you need and deserve.

The slogan “Better Together” used by officials of Home Savings Bank and First Federal Bank to characterize the merger that created Premier Bank in April 2020 will ring hollow if the new bank has violated the federal laws and rules that govern mortgage lending and servicing by engaging in these and other abusive practices:

  • Failing to automatically withdraw and/or correctly credit monthly house payments to borrowers’ accounts;
  • Failing to send borrowers monthly mortgage statements;
  • Refusing to respond to requests for information, including loan payoff amounts, in the timeframe required by law;
  • Providing false and/or inaccurate information to the major credit bureaus about the status of borrowers’ loans.

The impact of illegal acts like these can be devastating. Victimized homeowners could see their credit scores plummet by hundreds of points, be unable to refinance their homes to take advantage of low-interest rates, find it difficult to obtain a mortgage for a new home, and be denied credit or charged higher interest rates on auto loans and other types of borrowing.

That means mistakes made by Premier could cost borrowers tens of thousands of dollars—even though they did nothing wrong.

If you believe you have been abused by Premier or have questions about the bank’s actions/activities, please contact DannLaw and Marc Dann immediately by email at [email protected], calling 877-475-8100 or via the contact form on our website: dannlaw.brmcstaging.com/contact to arrange a no-cost, no-obligation consultation that will enable us to
determine if you are eligible to receive substantial monetary damages under the provisions of the Real Estate Sales Practices Act (RESPA), the Truth in Lending Act (TILA), and the Fair Debt Collection Practices Act (FDCPA).

Please contact us TODAY so we can begin protecting you, your family, and your financial future.

Filed Under: CFPB, Consumer Fraud, Founding Partner, Mortgage Fraud, RESPA Tagged With: Consumer Fraud, deceptive practices, Fair Debt Collections Practices Act, FDCPA, Foreclosure Defense, RESPA

SPECIAL FRAUD ALERT FOR MR. COOPER/NATIONSTAR CUSTOMErs

April 28, 2021 By Marc Dann

On Tuesday, April 27, the Consumer Financial Protection Bureau announced that Mr. Cooper/Nationstar has been withdrawing multiple mortgage payments from the bank accounts of hundreds of thousands of consumers without authorization.
If your mortgage is serviced by these companies and your payments are automatically withdrawn from your bank account, you MUST do two things NOW:
Contact your bank to determine if your account has been debited for multiple payments.
If you are a victim of the Mr. Cooper/Nationstar ripoff, contact Marc Dann and DannLaw immediately at [email protected] or 877-475-8100 or dannlaw.brmcstaging.com/contact so we can begin protecting you, your family, and your finances.
These unauthorized withdrawals can cause serious problems for victims of the Mr. Cooper/Nationstar ripoff:
  • Checks written on affected accounts may be returned NSF.
  • Automatic withdrawals from the account for auto loans, utilities, and other consumer debts may be denied.
  • Banks may charge large, multiple overdraft fees.
  • Credit scores will be negatively impacted by late or denied payments.
We have launched a full scale investigation of Mr.Cooper/Nationstar’s actions and intend to fight to secure justice and just compensation for victims. Contact us TODAY!
Check our Facebook page and dannlaw.brmcstaging.com for updates and more information.

Filed Under: CFPB, Consumer Fraud, Mortgage Fraud, RESPA Tagged With: Consumer Fraud, Marc Dann, Mortgage Fraud, RESPA

TravelClick data breach exposes credit card info, victims urged to call DannLaw today!

April 26, 2021 By Marc Dann

Travel Click logoImportant notice for anyone who received a letter from a lodging chain regarding the TravelClick date breach:  Don’t delay. Protect yourself and your family. Contact DannLaw TODAY!

Hotel chains that use TravelClick, a third-party reservation system, recently notified customers that the company allowed hackers to steal their credit card information.

As a result of the failure to protect this sensitive personal information, many people are now at high risk for identity theft and credit card fraud.

If you received a letter from a lodging chain you should contact DannLaw today. We are now investigating this data breach and believe you and other victims may be entitled to substantial financial compensation.

To arrange a no-cost no-obligation consultation about this important matter call 216-373-0539, complete the contact form found at dannlaw.brmcstaging.com/contact, or send us a direct message via our Facebook page. We are here to protect you.

Filed Under: Consumer Fraud, Data Breach, Identity Theft, In the News Tagged With: Consumer Fraud, data breach, identity theft, Marc Dann

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