dannlaw.com

Foreclosure Defense | Ohio | Chicago | New Jersey | Oregon | New York

Cleveland Office
216-373-0539
Cincinnati Office
513-951-7124
Columbus Office
877-475-8100
NY/NJ Office
201-355-3440

An Update from DannLaw on Coronavirus and Emergency Legal Issues

In the News

By

Marc Dann - Marc Dann Consumer Fraud & Foreclosure Defense AttorneyAn important message from Marc Dann:

We are open and reachable during normal business hours and beyond and you can reach me on my cell phone at 330-651-3131. Rest assured that I will either be at home or at the office because like you, I’m really not allowed to go anywhere else.  We will be happy to answer any questions you have about your existing case(s) as well as the many coronavirus-related legal issues our friends and clients are facing on an almost hourly basis. If you need to speak to one of our attorneys please use our toll-free line 877-475-8100. We answer 24 hours a day.

Here are several things to remember:

  1.  We can arrange for phone and video conferences for new and existing clients.
  2. You can make retainer payments online. If you are a client of our Ohio office click here: DannLaw Payment Link  Clients of our New Jersey office click here: DannLaw NJ Payment Link
  3. If you are experiencing additional financial hardship related to the COVID-19 emergency and need to make financial arrangements please contact us right away.
  4. We are constantly monitoring legal developments related to the emergency that are important to consumers, borrowers, homeowners, and small businesses. If you have questions or need information please contact us and we will try to find answers for you.
  5. If you are unable to make your mortgage payment or pay other consumer debts please contact us so we can discuss options and alternative strategies. We can’t help you unless and until you contact us.
  6. If you are in Chapter 13 Bankruptcy and are unable to make a Chapter 13 Payment, please contact us ASAP so we can discuss options and alternative strategies.  Working preemptively with the Chapter 13 Trustee and the Court regarding payments will help avoid unnecessary Motions to Dismiss.
  7. For our clients in Chapter 13 Bankruptcy and all other clients: the COVID-19 emergency has not changed deadlines for filing tax returns.

Here are some other important developments:

  1. Ohioans can now apply for and receive unemployment benefits immediately if they are laid off due to the emergency. Click here for information about how to apply online for unemployment benefits.
  2. SBA Loans should be available to Small Business Owners facing financial challenges from the current situation. Click here to learn more.
  3. Judge Brendan Sheehan in Cuyahoga County has issued a 60 day stay on foreclosure sales and on the prosecution of foreclosure cases. See the details here. Please note that all deadlines that apply to those in foreclosure or who are working to resolve disputes with their mortgage companies remain in effect. Rules and regulations have not been adjusted. Lawsuits that have been filed and served must be answered. Any matter that needs to be objected to or appealed would not be covered by this order.  This is good news but please keep in close touch with us about your existing case or any issues you might learn about relating to your mortgage. If you have questions, please email Attorney Whitney Kaster at [email protected]. 
  4. While Cuyahoga County has stayed these cases, many other courts in Ohio have not. One of our Partners, Brian Flick in his role as Ohio Chairperson of the National Association of Consumer Attorneys wrote to Chief Justice Maureen O’Connor on March 16, 2020 asking that she issue guidance to local courts to stay all non-essential Debt Collection and Eviction Cases and to postpone all pending Sheriff’s sales until the State of Emergency Declaration is terminated. If you are in a County that has not adopted emergency procedures staying civil cases, please email [email protected]  He and NACA are committed to ensuring access and due process to all consumers during the pandemic.
  5. Both the Hamilton County Municipal Court and the Court of Common Pleas have issued a 30-day stay of all civil and criminal trials in the Courts (with limited exceptions).  See the details here. This is good news but please keep in close touch with us about an existing case or any issues you may learn of related to your case.  If you have questions, please email Brian Flick at [email protected].
  6. The New Jersey Legislature has enacted statewide mortgage relief including forbearance of payments and a stay on foreclosure proceedings. Here is what we know about it. The same disclaimer applies here:  Please note that all deadlines that apply to those in foreclosure or who are working to resolve disputes with their mortgage companies remain in effect. Rules and regulations have not been adjusted. Lawsuits that have been filed and served must be answered. Any matter that needs to be objected to or appealed is not covered by this order. Javier Merino stands ready to answer all of your New Jersey Consumer Law Questions [email protected]
  7. My earlier post on how to protect yourself if you experience financial hardship is here.
  8. The Ohio State Bar has advice on what your employer may and may not do.
  9. The Veterans Administration has directed servicers to not report to credit agencies or assess late fees to borrowers who are late as a result of the virus.For more information on that contact [email protected]

 

As always we stand ready to help our friends, neighbors and clients as this crisis unfolds. Never hesitate to call 877-475-8100 or email us at [email protected] or [email protected].

By

Marc Dann - Marc Dann Consumer Fraud & Foreclosure Defense AttorneyWhen I woke up this morning to another stream of stories about the Coronavirus, I wasn’t worried about the impact the growing crisis was having on big banks or the stock market—as has been proved time and again, they’ll recover or be bailed out, or both.

Instead, I was concerned about the people reporters obsessed with Wall Street losses ignore:  people like the guy who was counting on catching up on his Christmas credit card charges by selling hot dogs at the NCAA tournament at Rocket Mortgage Fieldhouse, the Cleveland cop banking on overtime earned by working the St.Patricks Day parade to pay his daughter’s college tuition, and the self-employed vendors who eke out a living selling jewelry and crafts at kiosks during the Cleveland International Film Festival. I’m worried about them because there’s no bailout in the offing for the millions of retail clerks, waitresses, Uber drivers, and other hourly workers who lose billions of dollars in wages as the rest of us follow orders to engage in “social distancing.”

Along with living paycheck to paycheck, many of the workers I’ve described have no or inadequate health insurance. They don’t have paid sick leave. And many are saddled with crushing student loan debt, mortgage payments that consume nearly half their gross income, or are renters who will be evicted quickly if they miss their monthly rent payments.

At DannLaw, our experience helping consumers and homeowners recover from the Great Recession gives us a unique perspective and valuable insight on how people can avoid financial disaster as the coronavirus crisis spreads and what government should do to support working families.

Here is our best advice for individuals and families:

  1. Don’t put your head in the sand. As soon as you know you may not be able to pay one, some or all your bills contact your creditors, explain your situation, and ask for forbearance or other adjustments to your account. It is important for you to communicate with mortgage servicers, credit card companies, landlords and other creditors via letter or email. Make sure to keep copies of all correspondence because it will serve as a  permanent record of what you promise them and what they promise you.
  2. Closely review automatic payments being charged to your credit cards or bank accounts. Avoid costly bank fees and overdraft overcharges by canceling payments you aren’t sure you can make. One overdraft can cause a cascade of bounced checks resulting in hundreds of dollars in NSF charges and late fees that could have been avoided
  3. Don’t try to borrow your way out of the situation. You’re going to see lots of solicitations from “debt consolidation” companies and payday lenders. While these loans may provide short-term relief, their steep interest rates will cause long-term problems that will jeopardize your financial future. Working with existing creditors is a much more sensible and safe approach.
  4. Do not ignore anything delivered to you in person or by regular or certified mail from a court. If you do not respond to a summons or hearing notice you will soon be subject to wage garnishments, bank account attachments or judgment liens. Call a lawyer if you are sued even if you think you can’t afford one because there are often legal defenses to collection actions, evictions and foreclosures. Our firm and many others will provide free phone or in-person consultations. If an attorney finds that fee-shifting or counterclaims exist in your situation they may represent you on a contingency fee basis.
  5. Keep an eye on your credit report. Credit Karma and other free services will notify you immediately if a creditor reports you as delinquent or puts a claim in collection. You may be able to mitigate damage to your credit score by communicating with the creditor or placing an explanation of your situation in your credit report. Contact a lawyer right away if you find that someone is entering inaccurate information in your report. You may be entitled to protection and compensation under Federal Law.
  6. Avoid withdrawing funds from your retirement accounts. Withdrawals will cause tax consequences that you may regret the following year and they are often the only assets people have that are exempt from collection efforts.

Now let’s turn to what government can do to support and protect hourly and self-employed workers:

  1. Suspend the obligation to pay government student loans. Offer immediate forbearance with no accruing interest. This will provide immediate relief to borrowers who are not working or whose income has been reduced. In addition, it will boost the economy by giving people who are still working additional disposable income.  The Secretary of Education and the President could issue forbearance with the stroke of a pen.
  2. Place a moratorium on negative credit reporting for the duration of the pandemic and for a six-month period after the crisis ends. This will enable borrowers who were not in default before the crisis to maintain their positive credit rating.
  3. Suspend tuition payments to state community colleges and universities. Dorm closings are costing Ohio families millions of dollars. Suspending tuitions payments during the crisis will give many parents and self-supporting students the opportunity to stabilize their finances during the crisis. Once the emergency ends payments could be spread out over the years a student remains enrolled or be extended until after graduation.
  4. Allow Fannie Mae Freddie Mac, FHA and VA to suspend their rules governing how often and how many times a mortgage modification may be granted. This move, coupled with forbearance upon proof of reduction or elimination of unemployment will help working people hold onto their homes during this difficult time.
  5. Allow student loans and home mortgages to be modified in bankruptcy. This reform is long overdue and will provide both creditors and debtors with an equitable way to determine how much a borrower can pay while maintaining stable housing and jobs.
  6. Expand unemployment insurance to include sick days related to the outbreak and waive the one week waiting period for the duration of the crisis.

We hope our insight and advice is helpful to consumers and will spur positive action among policymakers at the state and federal level.

Be well and remember, wash your hands—often.

By

Elliot Feltner lost thousands of dollars in value when the Cuyahoga County Board of Revision seized his property.

The Ohio Center for Investigative Journalism just published an article that documents the severe problems afflicting Ohio’s Board of Revision (BOR) foreclosure process. According to the story, published in the Center’s “Eye On Ohio” investigative reporting series, the BOR foreclosures have cost local governments, homeowners, and banks at least $91 million over the past 13 years. The process, created by the Ohio General Assembly in 2006, enables BORs to cease properties without going to court. In most cases, the properties are then deeded over to county land banks.

DannLaw founder and former Ohio Attorney General Marc Dann who has filed suit on behalf of a number of property owners victimized by the process, says the law, not the members of the BORs utilizing it are at fault. “BOR members are working hard to improve their communities, but the law they’re using is unconstitutional,” he said. “People across the state, banks, and local governments are losing millions. This simply can’t be allowed to continue.”

One of Dann’s clients, Elliot Feltner, is profiled in the story. After dealing with a number of personal tragedies, including the death of this father-in-law and wife, Mr. Feltner learned that a number of tax liens had been filed against the auto body shop he inherited after they passed away. He didn’t have the money to pay the back taxes so he put the building on the market and was going to use the proceeds from the sale to pay off the liens. There was only one problem: he didn’t own the building. To his complete surprise, the BOR had foreclosed on the property, which was valued at more than $140,000, and given it to a private company. If Mr. Feltner had been able to sell the building local governmental entities, including the county and the local school district, would have received nearly $70,000 in taxes and interest. Instead, they and Mr. Feltner got nothing.

DannLaw sued Cuyahoga County’s Board of Revision on Mr. Feltner’s behalf. The Ohio Supreme Court is expected to hand down a ruling soon.

Unfortunately, what happened to Mr. Feltner is far from an isolated incident. Research by DannLaw and the reporters who wrote the “Eye on Ohio” story revealed that thousands of Ohioans have been victimized by the BOR process. You can read the report here.

If you or someone you know has lost a residential or business property to a BOR foreclosure, we urge you to call DannLaw at 216-373-0539 to arrange a no-cost consultation today. We are eager to evaluate your situation and, if appropriate, take legal action to help you secure justice and just compensation for your loss.

By

I have dedicated my entire legal career to helping people who have been hurt, scammed, cheated, or victimized seek and secure justice. I’m proud to say I’ve done just that at my first small law firm, as an Ohio State Senator, Ohio Attorney General, and now as the founder of DannLaw. That’s why I seized the opportunity to urge the members of the Ohio Senate Judiciary Committee to first strengthen and then pass SB 162 which would eliminate the criminal and civil statutes of limitation for rape and sexual assault.

The changes called for in the bill are both much-needed and long overdue. I’m pleased to share my testimony with all of you and to urge you to contact your state legislators and ask them to support this important measure. You may also watch my presentation to the Committee on the Ohio Channel.

Good morning, Chairman Eklund, Ranking Member Thomas and members of the Committee. I am here today to express my support for Senate Bill 162 which would eliminate criminal and civil statutes of limitations for rape. I want to thank my State Senator Nikki Antonio and Senator O’Brien who represents the district I once held for continuing the work I and colleagues of both parties began in this very room in 2005. Passage of this much-needed and long-overdue legislation would represent a monumental step toward securing justice for victims and imposing justice upon those who have escaped punishment and evaded accountability for their monstrous acts simply because they have managed to run out the statutory clock.

I first learned about the terrible physical and psychological pain victims endure when I led the effort to pass Senate Bill 17 while serving as the Ranking Member of the Senate Civil Justice Committee. After listening to the harrowing and heart-wrenching testimony of women and men who had been sexually abused as children, both the Committee and the Senate unanimously passed the bill which included a provision that extended the civil SOL for sexual assault to 17 years.

Unfortunately, in one of the ugliest and most destructive displays of the negative impact big-money donors can exert in the state’s pervasive “pay-to-play” culture, the nation’s multi-billion-dollar insurance companies placed the pursuit of profits ahead of the interests of victims and succeeded in stripping the civil SOL extension from SB 17 when it reached the House.

I learned even more about the grave challenges victims of sexual assault endure while serving as Ohio’s attorney general. I, like everyone who has had the privilege of serving in that position, devoted much of my time to ensuring that law enforcement had the resources needed to pursue, prosecute, and incarcerate offenders. Although I’m proud of all that I, my staff, and the AGs who preceded and succeeded me have done to ensure that offenders are prosecuted and incarcerated, anyone who truly cares about victims knows we must do more than throw their rapists in jail. We must provide them with the opportunity to seek just compensation for the severe physical and psychological injuries most will suffer for as long as they live.

I applaud Senators Antonio and O’Brien and co-sponsors Craig, Fedor, Kunze, Lehner, Maharath, Sykes, Thomas, Williams, Yuko for opening the courthouse door that was slammed shut in the faces of thousands of victims in 2005.

But today, 14 years after SB 17 was eviscerated by the insurance industry, we need to do more than lift the civil SOL applicable to offenders. That’s because sexual predators like Larry Nassar, Jerry Sandusky, Richard Strauss, Jeffrey Epstein, abusive priests, and others are judgment-proof due to the fact that they are broke, dead, or both.

But institutions like the Catholic Church, U.S.A. Gymnastics, Penn State, Michigan State, and the Ohio State University along with the powerful officials who looked the other way as monsters under their control abused innocent victims can and should be held accountable. To my point, Rep. Brett Hillyer of Uhrichsville recently introduced House Bill 249 which will allow the more than 170 people abused by Richard Strauss to sue OSU. Rep. Hillyer is on the right track, but he’s not going far enough. Every victim in the state should be afforded the opportunity to seek and secure justice.

This Committee could and should provide that opportunity by amending this bill to include the elimination of the civil SOL that now protects institutions and officials who knew or should have known what was occurring on their watch.

Thank you again, Chairman Eklund, Ranking Member Thomas and members of the Committee for allowing me to appear before you today. I would be pleased and eager to answer any questions you may have.

By

Brian Flick - Managing Partner Dann LawI am pleased to announce that Brian Flick, Managing Partner of DannLaw’s Cincinnati office, has been named a “Super Lawyer Rising Star” in the area of consumer law for 2020. Only 2.5% of attorneys in Ohio are named rising stars in a particular practice area. This prestigious designation is reserved for attorneys who excel in their field, contribute to their community, and abide by the highest professional and ethical standards.

Super Lawyers selects attorneys using a patented multi-phase process that combines peer nominations and evaluations with independent research. Each candidate is evaluated on 12 indicators of professional achievement. Those who score highest then undergo a “blue ribbon” peer review by practice area. Only the highest-rated attorneys make the Super Lawyer list for each state. We are proud that Chris and Doug are among them.

Brian was previously named a Rising Star in the area of consumer bankruptcy law.

Super Lawyer Selection Process Emphasizes Peer Recognition, Accomplishment, Performance, Experience

By

A recent federal appeals court decision may spell “relief” for Americans buried under private student loan debt held by Navient. In a unanimous decision, a three-judge panel of the Court of Appeals for the Fifth Circuit held that Navient private student loans ARE dischargeable in bankruptcy.

This decision, to put it mildly, IS A BIG DEAL!

We won’t go into the complex legal issues discussed in the Court’s 28-page decision–although you can read it here if you are so inclined:5th cir private loans dischargeable

What matters is the bottom line: Navient debtors may now be able to climb out from under crushing private student loan debt by filing for bankruptcy.

While the ruling is great news, there are some important things you should know:

  • The decision only applies to private student loan debt issued or serviced by Navient. Non-Navient and government-backed loans cannot be erased via bankruptcy. To learn more about how to deal with government-guaranteed indebtedness visit www. https://dannlaw.com/student-loan-debt/
  • Bankruptcy may not be the best way to resolve your private student loan debt problems. The members of DannLaw’s legal team are well-versed in the laws governing both student loans and bankruptcy. We will be able to help you decide if bankruptcy is right for you and determine whether you should file Chapter 7 or 13. We may also be able to offer other options and strategies to deal with your debt.
  • Although the decision will serve as precedent within the Fifth Circuit’s jurisdiction which includes Louisiana, Mississippi, and parts of Texas, our experienced attorneys will be able to use the ruling to persuade judges across the country to discharge Navient private student loan debt via bankruptcy.

To learn more about this exciting decision and whether you should resolve your Navient private student loan debt dilemma by filing for bankruptcy,  call Atty. Brian Flick at 513-951-7124, Atty. Emily White at 614-705-0107 or use our contact form to arrange a free, no-obligation initial consultation. They will be happy to evaluate your situation and offer sound advice that will put you on the road to financial security.