In the News

July 27, 2020 By Marc Dann

I was Ohio’s Attorney General when the fraud-driven collapse of the housing market documented in “The Con” began. I’m proud to say that my office was at the forefront of the effort to hold the big banks, predatory lenders, rating agencies, mortgage brokers, stock and bond speculators, brokerage firms, real estate appraisers and others who ignited the near-collapse of the global economy accountable for their actions.

The things I learned as we investigated the mortgage industry were extremely disturbing and distressing. We discovered the home mortgage, which had for decades been the very foundation of the American dream, had become the cornerstone of a multi-trillion dollar racket run by charlatans, scam artists, and cheaters who gleefully used deceit and trickery to prey upon and ruin working and middle-class families.

While their behavior was deplorable, I was even more outraged by the fact that the regulators responsible for protecting the American people had turned a blind eye to the scam that was taking place under their noses and then refused to prosecute any of the criminals once it blew up.

I founded DannLaw in response to the government’s utter failure to protect and seek justice for homeowners and consumers. For more than a decade, DannLaw has filled the void left by regulators and prosecutors who refuse to do their jobs. We have used the law and the civil justice system to help thousands of families save their homes and to force banks, mortgage servicers, and other cheaters to play by the rules and compensate our clients.

I urge you to watch “The Con” which is fascinating and infuriating and to remember that we at DannLaw are here to do the job the regulators won’t.

You can register for the August 5 free Virtual live premiere of The Con here: https://www.thecon.tv/event

I hope you will join me for this important event.

July 20, 2020 By Marc Dann

Marc Dann - Marc Dann Consumer Fraud & Foreclosure Defense Attorney A lot has happened since we issued our first COVID-19 on March 13. In our tenth update we’ll take a look at recent developments, discuss impending challenges and opportunities, issue a couple warnings, and dispense some sage advice…

Involuntary Forbearance can threaten your financial future

Let’s start with a cautionary tale about involuntary mortgage forbearance. As we’ve said repeatedly, while it can be a lifesaver for people who are facing financial disaster as a result of the pandemic, forbearance is NOT forgiveness. Homeowners will eventually have to make the interest, principal, and escrow payments they have been delaying.

In addition, forbearance may jeopardize court-approved bankruptcy repayment plans and could make it difficult to buy a new home or refinance an existing loan. That’s why we urged homeowners to think carefully before taking advantage of the forbearance programs made available by the CARES Act and many private lenders.

Unfortunately, a number of banks and servicers didn’t give borrowers a choice. Back in May we warned that a number of banks and mortgage servicers were putting homeowners into forbearance by “mistake.” One of the offenders, and I’m sure this will shock no one, was Wells Fargo. According to a CNBC report, borrowers who called servicers seeking information about forbearance and other relief programs were put into forbearance without their consent by swamped call center workers.

At that time we doubted that Wells, perennial winner of the worst bank in the world award, was really doing this by accident. Turns out we were right. NBC News reported on July 16 that Wells was purposely placing borrowers into forbearance without seeking or receiving their permission.

The story focused on Troy Harlow of Buchanan, Virginia who filed personal bankruptcy in 2017 after a kidney transplant put him on permanent disability. Troy never missed a house payment because his primary goal was to stay in his home.

Wells Fargo is among the banks and servicers who have placed borrowers into forbearance without their consent.

That didn’t matter to Wells. Without his knowledge or permission, on April 29 the bank told the bankruptcy court overseeing Harlow’s payment plan that he had asked to pause his mortgage payments because he had been hurt by COVID-19. Harlow who never even thought about asking to be placed in forbearance continued to forward the full amount owed on his mortgage to Wells.

Harlow’s attorneys soon learned that he wasn’t the only victim. Wells had played the same dirty trick on homeowners in 11 states.

That news set off alarm bells here at DannLaw and led us to launch an investigation to determine if borrowers in Ohio and New Jersey have been scammed by Wells and other lenders. With that in mind, we’re asking homeowners to do two things:

First, contact your lender to determine if they have placed you in forbearance without your permission.

Second, if they have you should contact us right away so we can help rectify the problem and determine if we should file a class-action suit on behalf of every borrower who has been abused by Wells and other lenders. You can reach us by calling 216-373-0539 or filling out and submitting our contact form. Please do this right away because involuntary forbearance can cause real problems for years to come.

Is it time to take your loan out of forbearance?

If you chose to place your loan in forbearance, it’s time to start thinking about an exit strategy. If you haven’t been able to make payments because you lost your job or were laid-off when the COVID-19 crisis cratered the economy but are now back to work you should consider taking your loan out of forbearance before the amount of delayed interest, principal, and escrow you owe becomes unmanageable.

To determine if you should begin making your house payment again, consider the amount you owe on your home relative to its value. If your home is worth more than your mortgage balance it is an asset that you should protect. If it is worth less than you owe it is a liability so your mortgage payment should be viewed as a housing cost and compared to alternatives like paying rent. You should also evaluate other factors including the state of the housing market in your neighborhood, the company that owns your loan, and whether you intend to sell your house sometime in the next few years.

The moratorium on foreclosures is about to end

OH Foreclosure Timeline The moratorium on foreclosures imposed at the beginning of the COVID-19 crisis are coming to an end in some Ohio counties and will lapse for federally backed mortgages at the end of August. That means sheriff’s sales will resume soon.

If you were in foreclosure when the pandemic struck you should contact your attorney right away. If you have not retained a lawyer contact us to arrange a no-cost consultation so we can review your case and discuss ways we may be able to help save your home. To learn more about the options available to you click here to visit the Foreclosure Defense page on Dannlaw.com.

Evictions set to resume

Dann Law Firm - Foreclosure Defense Today it is estimated that more than 8 million Americans, including tens of thousands of Ohioans, are behind on their rent payments and may soon be evicted from their homes. This number could rise substantially when the CARES Act’s Pandemic Unemployment Insurance payments sunset at the end of July.

While distressing, the situation is not hopeless if renters and landlords communicate with each other and work together to overcome the challenges caused by the pandemic. Here are some important steps to take:

1. Renters should communicate in writing with their landlords about their ability to pay, partially pay, or not pay rent. Both renters and landlords are trapped in a dilemma they did not cause, so landlords may be willing to work out payment arrangements. No one benefits from a vacant apartment.
2. Check this list to determine if your landlord has a federally backed mortgage and is therefore prohibited from evicting tenants. If you are a landlord with a federally backed mortgage you may apply for forbearance if your tenants are unable to pay their rent. The eviction moratorium/forbearance program will end in late August unless Congress extends it.
3. If you reach an agreement with your landlord regarding late or partial payments put it in writing. We will soon post a form on our website that will make it easy to create written versions of tenant/landlord agreements.
4. Do not ignore letters or emails you receive from a court and always attend hearings when ordered. While there are legal defenses available to renters and strict procedures that must be followed before a landlord can evict a tenant, ignoring notices and/or failing to appear just about guarantees that your belongings are going to end up on the street.
5. Retain legal counsel. If you cannot afford an attorney call your local legal aid office. As a service to people impacted by COVID-19, we are making DannLaw’s Cleveland and Cincinnati offices available if you need a computer or internet access to participate in a virtual eviction hearing. A member of our legal team will also be on hand to answer general questions about evictions.
6. I and Jeff Watson, General Counsel to a number of real estate investor groups will conduct a virtual seminar for landlords and tenants on Thursday, July 23 at 8:00 P.M. This informative session, titled, “The Eviction Tsunami: Facts and Strategies that Lawyers, Landlords and Tenants Must Know,” will feature a discussion of the growing eviction crisis as well advice and strategies that will help landlords avoid insolvency and tenants escape homelessness. To register for the seminar click here.

Collection firms are up to their old (dirty) tricks

While debt collectors are typically shameless, there has been noticeable slow-down in activity since the onset of the COVID-19 crisis in March. But as states take steps to restart their economies and courts begin to reopen, we’ve received reports that collection lawyers, debt buyers and creditors are ramping up operations. That means debtors must be on the lookout for and pay close attention to any legal notices they receive.

As we noted in our discussion about evictions, the quickest way to lose a case and have a judgement entered against you is to ignore the problem. Trust me, it’s not going to go away simply because you toss a letter in File 13 or don’t show up for court. So please, respond in writing to communications you receive and appear in court when ordered.

In addition, you should contact us to arrange a no-cost consultation. We’ll be happy to discuss your situation and your options. We’ll also determine if debt collectors have violated any of the laws and rules that protect consumers. If they have, you may be entitled to financial compensation. Here’s a brief overview of the rules that govern the collections industry:

The Fair Debt Collections Act (FDCA). Enacted in 1978, the FDCPAis the most well-known federal consumer protection statute. Its primary purpose is to prevent third-party debt collectors from using abusive, unfair, false, or deceptive practices to collect debts. To put it simply, collectors may not lie to or mislead consumers in the course of attempting to collect a debt. Violators of the Act may be liable for statutory damages, actual damages, and attorney’s fees.
Telephone Consumer Protection Act (TCPA) The TCPAlimits the use of automatic telephone dialing systems (ATDS) and artificial or prerecorded voice messages by telemarketers. Since its passage in 1991, the TCPA has been expanded to cover the use of ATDS’s and voice messages by debt collectors and now applies to cell phones if an affected consumer does not have a landline. Under the law collectors may not call a cell phone unless the owner gives consent. That means it’s important for consumers to deny consent verbally during the initial call and then to immediately withdraw consent in writing.

Statutory damages under TCPA range from $500.00 to $1,500.00 per call and may be applied to each and every call made if it is found that a debt collector willfully violated the Act. The ability to “stack” damages serves as an effective deterrent and provides just compensation for consumers who have been victimized by aggressive debt collectors who willfully violate the law.

Check Your Credit Report Weekly

The CARES Act allows you to obtain copies of your credit reports from annualcreditreport.com on a weekly basis. You should take advantage of this opportunity because a number of state unemployment computer systems have sustained massive data breaches. DannLaw has filed class-action lawsuits in Ohio and Arkansas related to those breaches.

In addition, several provisions of the CARES Act are inconsistent with the Fair Credit Reporting Act. Please reach out to us right away if you notice inaccuracies on your credit report because you can sue credit reporting agencies and entities that furnish information to them if they refuse to correct mistakes.

The Con Premieres August 5

Marc Dann - "The Con" Documentary Screenshot Finally, I would like to extend a personal invitation for you to join me on August 5 for the premiere of “The Con,” a four-part series about the 2008 fraud and corruption-fueled collapse of America’s housing market. I’m both proud and humbled to say the series highlights the steps I took as Ohio Attorney General and at DannLaw to hold those responsible for the crisis that led to 10,000,000 families losing their homes accountable for their actions. The series provides a lesson for the risks we face as we hurtle toward a pandemic-related recession.

“The Con,” like all movies being released in the midst of the pandemic, is being released direct to video via independent theatres. To receive your invitation to the free live premiere, click here and then click on “Follow” above the video. If you like The Con on Facebook, you’ll be invited to the free live premiere on August 5. We’ll be posting more news about “The Con” in our blog and on our Facebook page in the weeks to come.

July 1, 2020 By Marc Dann

Marc Dann - Marc Dann Consumer Fraud & Foreclosure Defense Attorney The U.S. Supreme Court’s decision in Seila Law v. Consumer Financial Protection Bureau marked the culmination of a years-long attack against the agency by the business community, Congressional Republicans, and the Trump administration. It also provided a major dose of “be careful what you wish for because you just might get it” for the powerful forces who have been trying to destroy the CFPB since it was created in the wake of the collapse of the nation’s housing market in 2007-2008.

Precipitated by Donald Trump’s decision to fire director Richard Cordray in defiance of the statute that established the agency, the suit, filed by a firm that ran a mortgage modification scam, was expected to deal a fatal blow to the CFPB. Or at least that’s what those who lined up on the side of Seila, including the DOJ, U.S. Chamber of Commerce, the National Foundation of Independent Businesses, the Mortgage Bankers Association, and a number of entities that had been tagged by the Bureau for abusing consumers, hoped.

The Court, in a 5-4 decision dashed those hopes. Yes, the majority upheld Cordray’s firing and found that the governing structure of the agency was unconstitutional, but this sentence dealt the CFPB’s foes two staggering blows:

“The agency may therefore continue to operate, but its Director, in light of our decision, must be removable by the President at will.” You may read the entire decision and the amicus briefs here.

The first blow: the CFPB may continue to operate and, thanks to this decision, constitutional challenges to its validity are now at an end. That’s not quite what the boys at the USCOC and the NFIB were looking for when they filed their amicus briefs.

And here’s the second: Kathy Kr CFPB Complaint Database aninger, the unqualified anti-consumer political hack Trump appointed to succeed Cordray can be booted out the door 30 seconds after Joe Biden is sworn into office.

The ironic part of this entire affair is that the governing structure of the CFPB was specifically intended to shield the agency from politics. The GOP’s attacks have now made who will run the Bureau and whether they will use its immense power to protect consumers a perpetual issue in presidential campaigns.

Along with taking great satisfaction at seeing the business community’s attack on the CFPB blow up in their collective faces, we at DannLaw are also extremely pleased that the ruling preserves our ability to act as “private attorneys general” who can use the Real Estate Sales Practices Act (RESPA) and the Truth in Lending Act (TILA) to protect our clients and seek and secure damages from mortgage servicers and lenders who violate the law.

While little noticed, Director Cordray’s creation of a private right to action is one of the most important components of the laws and regulations enacted after the housing crisis. He, along with Senator Chris Dodd, Congressman Barney Frank, and then-professor Elizabeth Warren recognized that the failure of government regulators to exercise their oversight authority played a major role in bringing the nation and the world to the brink of a catastrophic financial meltdown. By giving private attorneys the power to use RESPA and TILA to hold bad actors accountable they created a second line of defense for homeowners, consumers, and the American economy.

At DannLaw, we’ve used that power to help hundreds of people fight off illegal foreclosures, obtain loan modifications, safeguard their assets, and hold onto their hopes and dreams. We’re truly grateful that those who sought to destroy the CFPB have instead guaranteed that we and lawyers like us across the country will be able to use the law to fight for our clients well into the future.

In fact, I’m so grateful, I think I’ll send the guys at Seila and the Trump Justice Department a thank you note today.

June 22, 2020 By Marc Dann

Marc Dann - Marc Dann Consumer Fraud & Foreclosure Defense Attorney Founder Marc Dann and Managing Partners Brian Flick and Javier Merino are pleased to announce that DannLaw has acquired the Zingarelli Law Office, one of the Cincinnati area’s most highly respected consumer and small business bankruptcy law firms.

Atty. Nick Zignarelli, who will work with DannLaw on an “of counsel” basis, has been widely recognized for his work in bankruptcy and consumer law. He is rated 10 out of a possible 10 by Avvo, has been named a top rated bankruptcy attorney by Super Lawyers, is highly recommended by Martindale, and was awarded the Medal of Excellence by the American Institute of Bankruptcy Attorneys. “We are gratified and proud that Atty. Zignarelli agreed to affiliate with DannLaw and excited about the prospect of working with and learning from him,” Atty. Dann said.

“Nick’s experience and knowledge will be especially valuable at a time when individuals who lost their jobs and small business owners forced to close up shop by the coronavirus pandemic are staring financial devastation in the face,” Dann said. “As I’ve noted in a number of our COVID-19 updates, bankruptcy may be their best, and in some cases, their only option. Nick’s small business bankruptcy expertise will significantly enhance DannLaw’s ability to help clients utilize the law to preserve their assets and secure their financial future.”

Atty. Flick, Managing Partner of DannLaw’s Cincinnati office and Atty. Zignarelli will work together to ensure a smooth transition as the acquisition progresses. “I look forward to working with Nick as we strive to provide the best possible legal representation to new and existing clients in southwest Ohio and northern Kentucky,” he said.

May 23, 2020 By Marc Dann

THIS IS AN URGENT ALERT FOR INDEPENDENT CONTRACTORS OR SELF-EMPLOYED INDIVIDUALS WHO FILED FOR PANDEMIC UNEMPLOYMENT ASSISTANCE BENEFITS IN OHIO:

YOUR PERSONAL DATA MAY BE AT RISK!

PROTECT YOURSELF AND YOUR FAMILY BY CONTACTING DannLaw TODAY!

We just learned that DeLoitte Consulting allowed unauthorized persons to view and access the social security numbers, names, addresses, and other personal and financial information of independent contractors and self-employed Ohioans who filed for PUA benefits.

We are outraged that this private company has put so many people already impacted by the COVID-19 crisis at risk so we are taking immediate action to hold DeLoitte Consulting accountable for allowing this serious data breach to occur.

To that end, we have filed a class-action lawsuit against DeLoitte in Cuyahoga County Common Pleas Court seeking financial damages and other relief. If you believe your personal information may be at risk, please contact us today by emailing [email protected] or [email protected] so we can determine if you are eligible for financial compensation.

Along with contacting us, you should immediately take steps to protect yourself. Please check your credit report and set up credit alerts that will notify you of suspicious activity. We also urge you to keep track of the time and money you spend dealing with the breach.

Again, if you are an independent contractor or self-employed individual who filed for PUA benefits in Ohio contact DannLaw today so we can begin fighting for and protecting you!

You may read more about the breach here.

May 14, 2020 By Marc Dann

Marc Dann - Marc Dann Consumer Fraud & Foreclosure Defense Attorney Since the COVID-19 emergency began DannLaw has issued regular updates featuring important information and advice for homeowners struggling to make their mortgage payments because they have lost jobs or been laid-off as a result of the crisis. As we’ve noted numerous times people with federally-backed loans are eligible for various types of relief under the CARES Act including a prohibition on foreclosures, an automatic 90-day payment suspension, and up to one year of forbearance.

If used correctly, the assistance provided by the Act can be a real lifesaver for families facing financial disaster.

Unless something goes wrong. And as we’ve learned over the years, in situations involving banks and mortgage servicers something ALWAYS goes wrong.

In this case, banks and servicers have been placing homeowners into forbearance by mistake. According to a CNBC report, borrowers who called servicers seeking information about forbearance and other relief programs were put into forbearance without their consent by swamped call center workers. It will come as no surprise that Wells Fargo, perennial winner of the worst bank in the world award, is among the offending lenders.

One borrower quoted in the story said he contacted Wells in early March because he was concerned that his wife, a teacher, might no longer be paid. “I was asking to be educated on what my options were. Someone put me in this[forbearance] and never told me what it was. No one ever used the term forbearance…”

His spouse didn’t lose her job so they could continue to make their house payment. Only problem: because they had been placed in forbearance Wells couldn’t accept it. After making multiple calls the borrower was told the situation was resolved and his loan was “fine.” Wells blamed the SNAFU on a “website problem.”

Anyone familiar with Wells will immediately know two things: there was no website problem and the loan was not fine—something the borrower learned when he tried to take advantage of historically low-interest rates by refinancing his home. His mortgage broker told him he couldn’t do it because his mortgage—the one that was “fine”—was in forbearance. The poor guy is still trying to get Wells to correct the mistake.

So here are some important takeaways from a story that would be unbelievable if it didn’t involve banks and mortgage servicers:

First, never communicate with a bank or servicer over the phone. Always do so in writing, preferably by certified letter. It may be inconvenient and time-consuming, but in the end you’ll have a written record of what the bank said or promised and what you said or promised. That information will prove to be extremely valuable if you’re engaged in a serious dispute with a lender.

Second, contact us at 877-475-8100 or [email protected] to arrange a free consultation if you’re confused or unsure about whether you should take advantage of forbearance or other forms of relief offered via the CARES Act or a private lender. We’re here to help you avoid mistakes that could impact your finances for years to come.

Third, contact us right away if you’re having a problem or dispute with a bank or servicer and they refuse to respond to you or correct it. The lender may be violating federal and/or state consumer protection laws, which means you may be entitled to financial compensation.

Fourth, remember, forbearance is NOT forgiveness. You will eventually have to make the payments that you are delaying. You must understand how much you will be expected to pay when the forbearance period ends.

Fifth, make your house payment if you can. Doing so will protect any equity you have in your home and make it possible for you to refinance at a lower interest rate. You won’t be able to do that if you place your loan in forbearance.

Sixth, if you don’t follow our advice make sure to write down our phone number. You’re probably going to need it at some point in the not-to-distant future.

Finally, be well, stay safe, and remember we’re here to provide advice and guidance during this troubling and confusing time.