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DannLaw asks federal court to order officials of Woodland Behavioral Health to stop interfering with Disability Rights New Jersey’s investigation of abuse and neglect at troubled facility

In the News

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On Tuesday March 8, Attorneys Javier Merino and Andrew Wolf of DannLaw asked the Federal District Court for New Jersey to issue an injunction ordering the owners and operators of Woodland Behavioral Health to stop interfering with Disability Rights New Jersey’s (Disability Rights NJ) ongoing investigation of abuse and neglect at the troubled Andover, New Jersey nursing facility. A hearing on the motion will be held via Zoom at 10:00 A.M. on Friday, March 11, 2022, before Judge Brian R. Martinotti.

Pleadings in the case and supporting declarations from Ms. Orlowski and other Disability Rights NJ staff members may be viewed here.

Disability Rights NJ, a private non-profit organization, is designated by New Jersey to protect and advocate for people with disabilities across the state.  Designated Protection and Advocacy systems like Disability Rights NJ have unique authority under federal law to conduct unannounced and unaccompanied visits to any facility serving people with disabilities to monitor for and investigate alleged abuse and neglect.

In April 2020, the New York Times published a story indicating that a high percentage of residents at Woodland, then known as Andover II, had died from COVID-19 and bodies were being stored on site.[1] Disability Rights NJ requested information from the administrators to better understand the population, and learned that the facility houses a disproportionately high percentage of residents with mental health issues, developmental disabilities, and traumatic brain injuries compared to other long term care facilities in the state.

Disability Rights NJ determined there was probable cause to suspect that all residents at Woodland have been subject to ongoing abuse, neglect, and rights violations based on serious incidents of abuse and neglect documented in a “Notice of Violations, Corrective Action, and State Monitoring” that had been issued by the New Jersey Department of Health on February 10, 2022. As Disability Rights NJ began its investigation with on-site visits in the following month, Woodland administrators and staff consistently tried to interrupt the investigation and obstruct unaccompanied access to the facility and residents. Without unaccompanied access, residents that depend on Woodland staff for every need may worry that any candid complaints they make about the conditions there may be overheard by the management and staff.

The suit filed by DannLaw asserts that Woodland’s management and staff have repeatedly interfered with and are attempting to stop Disability Rights NJ investigators from speaking privately with individuals with disabilities at the facility and reviewing pertinent records in violation of three federal statutes: the Protection & Advocacy for Individuals with Mental Illness (PAIMI) Act, the Protection & Advocacy for the Developmentally Disabled (PADD) Act, and the Protection and Advocacy of Individual Rights (PAIR) Act.

“Disability Rights NJ has the absolute right under federal law to access and communicate privately with residents of the facility formally and informally, in person, by mail, and by phone and to access the records,” Merino said. “Denying that access is not only against the law, it impedes Disability Rights NJ’s ability to protect and advocate for Woodland’s residents.”

To address the situation, Disability Rights NJ is asking the Court to issue the following:

  • A declaratory judgment that Defendant has violated Plaintiff Disability Rights New Jersey’s rights under the PAIMI Act, PADD Act, and PAIR Act;
  • An injunction ordering Defendant to provide Plaintiff Disability Rights New Jersey with reasonable unaccompanied access to speak privately with individuals with disabilities at Woodland pursuant to its federal authority;
  • An injunction ordering Defendant to provide Plaintiff Disability Rights New Jersey with reasonable unaccompanied access to the facility at Woodland pursuant to its federal and state authority.

For more information please contact:

Dana Caro, Director of Communications and Individual Giving Disability Right New Jersey, [email protected], direct/vm: 609-984-1880

Javier Merino, Managing Partner, DannLaw New Jersey/New York, [email protected], 201-355-3440.

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Marc Dann and Brian Flick, lead counsel in Ryder v Wells Fargo

While we often receive and greatly appreciate testimonials from our clients, we are rarely complimented by a judge on the record in open court. But that is exactly what happened during the Final Approval Hearing in our class action lawsuit against Wells Fargo.

During the proceeding, Federal District Court Judge Tim Black lauded our work as lead plaintiff’s counsel in the case which produced a $12 million settlement for borrowers who were prevented properly receiving a loan modification between 2018 and 2019 due to a technical “glitch” in company’s software.

Following is what Judge Black had to say about our performance in the case which took nearly two and one-half years to litigate and settle.

Brian, I, and everyone at DannLaw would like to thank Judge Black for his comments.

We also want everyone to know that we always bring the same level of professional and unwavering commitment to justice that enabled us to win against Wells to every case we handle and every client we represent.

If you or your family are struggling to make your house payments, are facing foreclosure, are being harassed by a lender or creditor, Contact us today. We are ready, willing, and eager to fight for you.

Wells Fargo

Not to tip my hand, but I think it’s a credit to everyone at this hearing that this matter is proposing to resolve in this way.

All right. I’m impressed with the work of numerous lawyers on this and I congratulate you all.

I’m enormously impressed by the legal talent that was brought to bear here and the settlement that is proposed and to be achieved.

The recovery is substantial and excellent. The case faced potential risks. The method of distributing relief…is clearly efficient and effective and fair.

The fact that there are only about ten opt outs and one remaining objection speak to the absent class members strongly supporting the settlement.

Class counsel and the class representatives have zealously represented the class and effectively. The Settlement’s in the public interest supported by class counsel and Plaintiffs. The allocation and distribution plan is fair, reasonable and adequate.

Mr. Dann, while I have you, can I tell you that Mr. Flick is a good lawyer who carries your water

  1. DANN: Thank you very much. He’s an excellent lawyer and I rely on him all the time.

Toward the end of the hearing, Judge Black asked Amanda Groves, one of the attorneys who represented Well in the case this question: This is a loaded question and it’s my last one and I’m sort of a wise guy. But as I look at the plaintiffs’ attorneys’ fees motion, given your enormous experience, do you think this class action was complex?

Ms. Groves: Yes, Your Honor, it was complex. I think that’s a fair description of the case

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DannLaw founder Marc DannDannLaw Founder and former Ohio Attorney General Marc Dann today expressed satisfaction with the $12.9 million settlement that has been reached in the firm’s class action lawsuit against Well Fargo Bank, N.A. Judge Timothy Black of the Federal District Court for the Southern District of Ohio signed an order approving the settlement on January 25, 2022. More than 1,800 class members will receive between $1,000 and $19,000. While Wells agreed to the settlement, the company admitted to no wrongdoing in the matter.

DannLaw’s complaint in Ethan Ryder et. al. v Wells Fargo may be viewed and downloaded here1413000-1413765-wells complaint (2)

DannLaw and a number of other firms filed the suit in August 2019 on behalf of thousands of homeowners who qualified for but were not offered a home loan modification or repayment plan under the U.S. Department of Treasury’s Home Affordable Modification Program (HAMP) due to what Wells Fargo termed a “glitch” in the computer software the bank used to evaluate applications.

“In addition to being a major victory for consumers, this case underscores the importance of the fee-shifting provisions of the federal laws and regulations that govern the mortgage industry,” Dann said. “Those provisions enable us to fight for working-and middle-class families by holding big banks accountable when they act irresponsibly. Without fee shifting, clients like ours would be left with little or no recourse when lenders and servicers break the rules.”

Wells Fargo

Dann also noted that multi-million-dollar settlements strengthen consumer protection laws by deterring bad behavior in the financial services industry. “State and federal regulators simply don’t have the manpower or resources to pursue all the bad actors in the financial services sector,” Dann said. “The civil justice system empowers DannLaw and other consumer protection firms to police the industry and secure justice and just compensation for people who have been abused—no matter how many challenges we encounter or how much time and effort it takes to win.”

Dann praised the work of DannLaw Managing Partners Brian Flick, Dan Solar, and Javier Merino as well as the firms that co-counseled on the case. “I’m incredibly proud of our performance and our total commitment to our clients,” the former Ohio AG said. “The fact that a team of talented, tireless consumer lawyers can take on the biggest ‘white shoe’ law firms in the country and win demonstrates why the American legal system is the best in the world and why we will continue to use it to protect homeowners and consumers for years to come.”

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Liner Legal is a disability law firm, serving clients in the state of Ohio and beyond. Our team specializes in Social Security Disability, Long-term Disability, Short-term Disability, Deaf Discrimination, and more. One of the most common questions clients ask our staff is; How do I win my disability case? While each case is very different, Liner Legal Managing Partner Michael Liner wants to share his top seven secrets to help you win a disability case!

Michael Liner’s 7 Secrets to Winning Social Security Disability Benefits:

Tip 1: Communicate your functional limitations to your doctors
Michael says it is important to let your doctors know how your disability impacts your everyday life. For example, if you are unable to stand for long periods of time, let your doctor know how that changes your day, such as struggling to cook dinner or clean or house.
Tip 2: Adhere to deadlines
Make sure you are aware of and are adhering to all deadlines in your disability case. For example, after receiving your denial, you only have 60 days to appeal.
Tip 3: Adhere to your medical treatments
Michael says that Social Security is eager to deny people if they are not following the orders of their doctors. So it is very important that you comply with the treatment recommendations from your providers in order to receive disability benefits.
Tip 4: Get Medical Source Statements from your doctors
Have your doctors document your disability and fill out Medical Source Statements for your disability case. Michael says the key to winning a disability case is in the medical records, so make sure everything is documented by your doctor.
Tip 5: Abstain from drugs & alcohol
Social Security is eager to say that conditions are caused by, worsened or exacerbated by substance use. That’s why Michael says abstinence from drugs and alcohol can be very helpful and ensures there’s no way that Social Security says that you are disabled because of a substance problem.
Tip 6: List ALL of your conditions on your application
Michael says it is important to list all of your conditions on your disability application, not just the most serious condition/s. Sometimes one of the lesser conditions, or a combination of lesser conditions can be the reason that your disability benefits are approved. Again, the key to winning benefits is in the medical records.
Tip 7: Carefully fill out forms from Social Security
Social Security sends a lot of different paperwork to be filled out. It is very important that when filling out paperwork, you’re actually thinking about the questions that they’re asking and carefully answering them. Rushing through paperwork from Social Security can be very harmful in the long run.

BONUS TIP: Call Liner Legal!
Many times, a disability lawyer can be the difference in winning the disability benefits that you deserve. At Liner Legal, we offer free consultations to all potential clients. Please reach out if you have questions about your disability case.

The Disability Warriors at Liner Legal are here to help you win the disability benefits you deserve. When Liner Legal takes on your case, you become more than just our client; you become a part of our family. And we always look after our family. As disability lawyers in Cleveland, Ohio and surrounding areas, we pledge to help our clients face their daily challenges brought on by the inability to work and do everything possible to help restore normalcy to their lives. With us, you are a client for life. For more information on Liner Legal and to contact us, visit our website at LinerLegal.com.

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Ocwen logo
Ocwen/PHH: The bad guys who tried to steal Riad Ghosheh’s home. Nearly 12,000 consumers have lodged complaints about the company with the CFPB.

In 2010 Kim Naimoli of Geneva, New York who was struggling to make her mortgage payments in the wake of the 2007-2008 collapse of the housing market, applied for a loan modification under the provisions of the federal Home Affordable Modification Program (HAMP). Over the next six years Ms. Naimoli did everything right: she completed and returned forms, complied with document requests, made her house payments on time, and, in accordance with the law, filed a “Notice of Error” (NOE) when Ocwen the company that was servicing her loan made mistakes.

During that same period Ocwen, now known as PHH, did everything wrong. The company failed to register mortgage documents, refused to abide by the terms of the loan modification agreement it had approved, did not acknowledge or respond to correspondence from Ms. Naimoli or her legal counsel, began refusing to accept her mortgage payments, revoked the loan mod agreement, and rejected an NOE requesting that the firm correct its blatant errors.

In 2017 DannLaw, one of the nation’s leading consumer protection law firms, sued Ocwen/PHH on Ms. Naimoli’s behalf in the Federal District Court for the Western District of New York alleging the company had committed multiple violations of the federal Real Estate Sales Practices Act (RESPA). In April of 2020 Judge Elizabeth A. Wolford granted the company’s motion for summary judgement and dismissed the case.

DannLaw immediately appealed and, in what DannLaw founder and former Ohio Attorney General Marc Dann hailed as a major victory for homeowners, the United States Court of Appeals for the Second Circuit reversed Judge Wolford and held that Ocwen/PHH had indeed violated the law. According to Dann the decision, handed down on January 7, 2022, will have wide-ranging impact on the mortgage servicing industry because the New York City-based Second Circuit is one of the most influential courts in the federal judicial system.

The significance of the case is underscored by the fact that the judges asked the Consumer Financial Protection Bureau to a file a brief after oral argument. In the brief the CFPB essentially supported DannLaw’s position.

Javier Merino, leader of the DannLaw team that litigated the case said Ocwen/PHH never denied engaging in the conduct that nearly cost Ms. Naimoli her home. “The record is clear: the company made numerous errors, would not correct them, and then used their mistakes as justification for walking away from the loan mod they had previously approved,” he said. “Once we got them into court, they contended that because their admitted misdeeds were related to the denial of the loan mod and not mortgage servicing they weren’t covered by RESPA. Fortunately, the Second Circuit saw through that specious argument and ruled in our favor.” The decision may be viewed here.

“Ocwen/PHH is perennially ranked among the worst mortgage servicers in the U.S. so I’m certainly not surprised that their bad acts served as a catalyst for this landmark decision,” Marc Dann noted. “I find it both incredibly satisfying and ironic that the company’s persistent and willful violations of the law will strengthen and expand the protections offered by RESPA and benefit homeowners who are too often abused by the mortgage servicing industry.”

Dann said the case, which took years to move through the courts, demonstrates the importance of RESPA’s fee-shifting provisions which balance the legal playing field. “Contingency fee arrangements ensure that homeowners like Ms. Naimoli have the opportunity to seek and secure justice and receive the financial compensation they need and deserve,” he said. “They enable plaintiff’s law firms like ours to stand toe-to-toe with and defeat the white shoe law firms that represent the financial services industry case after case, year after year.”

Dann also said the case illustrates why borrowers must document in writing and preserve all communications and interactions they have with lenders. “The records Ms. Naimoli retained, including delivery receipts and originals and copies of all correspondence, allowed us to present clear and convincing evidence of Ocwen/PHH’s conduct to the Court. The value of those records and the role they played in our victory cannot be understated.”

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

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DannLaw founder Marc DannAs the new year begins nearly all the mortgage support programs implemented in response to the Covid 19 pandemic are coming to an end. That means millions of homeowners who have taken advantage of mortgage forbearance must begin making their house payments again. Many are finding it difficult to secure permanent loan modifications or repayment plans, some are about to lose their homes because the foreclosure moratoriums imposed by the Consumer Finance Protection Bureau (CFPB) have been lifted, and others are unable to make mortgage payments  because advance Child Tax Credit payments ended abruptly  just as a new wave of COVID-19 infections began sweeping across the nation.

The mortgage and foreclosure experts at DannLaw are already helping hundreds of homeowners deal with the challenges we described above. If you or someone you know is leaving forbearance, attempting to negotiate a loan modification with a lender, facing foreclosure, or having difficulty making mortgage payments please contact us at once to arrange a no-cost, no-obligation consultation.

It is important to contact experienced attorneys like the members of the DannLaw legal team because loan mods and foreclosure proceedings are extremely complicated areas of the law. Last week Whitney Horton, Brian Flick, Dan Solar and I shared our expertise and strategies with more than 200 lawyers from across the U.S. As we prepared our presentation, we identified numerous problems borrowers are confronting as they deal with lenders and servicers:

  1. OH Foreclosure TimelineMortgage loan servicers often provide inaccurate and/or incomplete information about the loss mitigation options available to borrowers leaving forbearance or seeking loan modifications.
  2. The CFPB has developed and implemented specific rules and procedures designed to protect homeowners with federally-backed loans, i.e. those issued by the FHA, VA, USDA or owned by Freddie Mac or Fannie Mae, who are exiting forbearance. Unfortunately, some servicers are ignoring the rules and pushing borrowers to accept options that offer less favorable terms or are easier for the lender to implement. This deplorable practice puts borrowers at risk of entering into a repayment plan that isn’t right for them.
  3. Servicers may seek exceptions to the above-mentioned rules in certain circumstances.
  4. Servicers are misrepresenting the rights of borrowers whose FHA, VA, USDA, Fannie Mae or Freddie Mac loans have been sold to new, private investors.
  5. The incompetence of mortgage company staff combined with the mail delivery problems that are plaguing the U.S. Postal Service have caused some borrowers to miss first payment deadlines established under reinstatement or loan modification agreements through no fault of their own.
  6. Some mortgage servicers are adding unjustified/unwarranted fees and charges to mortgage loan balances.
  7. People attempting to contact servicers by phone are placed on hold for hours. When they do manage to speak to a staff member, they often receive inconsistent or incorrect information.
  8. Mortgage companies are not completing their work within the 30-day time limit established under the CFPB rules.
  9. Mortgage companies have initiated foreclosures against borrowers in violation of Federal Dual Tracking prohibitions.

While the CFPB offers extensive online resources, borrowers who attempt to deal with servicers on their own are at a serious disadvantage. Accepting the wrong loan modification or repayment plan could put your home and your family’s financial future at risk. Fortunately, you don’t have to go it alone: the experienced attorneys at DannLaw are here to help.

Whether you are ready to exit forbearance or are now facing foreclosure, we are just a phone call or email away. To arrange a free consultation call 216-373-0539 or complete and submit our contact form.

Stay well, stay safe, and Happy New Year to you and yours.