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Supreme Court ruling that CFPB may continue to operate is win for consumers, major blow to lenders, scam artists

Consumer Fraud

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Marc Dann - Marc Dann Consumer Fraud & Foreclosure Defense AttorneyThe 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 KrCFPB Complaint Databaseaninger, 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.

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Marc Dann - Marc Dann Consumer Fraud & Foreclosure Defense AttorneyI was mildly enthusiastic about the CARES Act immediately after it was passed because it appeared to be substantially different from the stimulus plan crafted by the federal government during the Great Recession of 2008.

That package funneled trillions of dollars to the big banks and Wall Street speculators whose unfettered greed nearly destroyed the world’s financial system but did relatively little to help working and middle-class families devastated by the collapse of the housing market. By the time the economy began to turn around 10,000,000 of them had lost their homes.

By contrast, the CARES Act appears to direct $937 billion in aid to where it’s needed most: into the pockets of the more than 20,000,000 million Americans who are now unemployed and the bank accounts of small business owners who are literally hours away from losing everything they have built.

Sure, Congress doled out hundreds of billions of dollars to corporate America, including the airlines who have been ripping off travelers for decades, but the stimulus checks, enhanced unemployment benefits, and small business loan programs funded by the Act will help millions of people weather the Covid-19 storm—at least for the next couple months.

While it appears that Congress got a few things right, there are holes in the legislation that could negatively impact consumers, homeowners and small business owners. In this update I’ll identify the gaps and provide advice on who to deal with or avoid them.

Problems with the Paycheck Protection Program 

As I mentioned earlier, hundreds of thousands of small businesses across the nation are about to go under. The Paycheck Protection Program (PPP) is designed to help keep them afloat by providing forgivable loans owners can use to pay expenses including employee wages, rent, and utilities.

In concept the program is great. In practice, not so much.

That’s because the nationally chartered banks and SBA approved lenders charged with administering the program are permitted to pick and choose which applications to accept and in what order. As a result, they’ve been playing favorites. Business owners who have an existing relationship with a PPP lender go to the front of the line. Those who don’t, including minorities, are shoved to the back—if they’re able to apply at all. I’m sure you won’t be shocked to learn that Wells Fargo and other large financial institutions are telling smaller customers to hit the road and “try other banks.”  Publically owned Ruth’s Chris Steakhouse just announced that they alone sucked up $20 Million of the funds appropriated.

This type of discrimination is especially troubling in light of the fact that  Congress did not appropriate enough money to meet the needs of all the small businesses that are in trouble. When the money runs out, thousands of hard-working entrepreneurs and their employees will be doomed simply because they couldn’t access the help they were promised and desperately need.

We launched an investigation into this situation after being contacted by frustrated and infuriated small business owners. If you think something is wrong with the way a lender is handling or, more to the point, not handling your PPP application, please give us a call or email me at [email protected]

On the positive side, a number of clients have told us that smaller community banks are eager to process PPP paperwork. We’re not surprised. Over the years we’ve learned that community banks are extremely responsive to the needs of small borrowers. If you’ve been unable to make headway with a large lender, I encourage you to contact one of the community banks listed here.

Stimulus Checks can be hijacked by Judgment Creditors and banks

Stimulus checks funded by the CARES Act are already being deposited in the bank accounts of millions of Americans. That’s the good news.

Here’s the bad news: The Act doesn’t prohibit private debt collectors from garnishing stimulus money. That means if you’re behind on debt payments and have an outstanding court judgment, a private debt collector can grab your stimulus check. Attorney Javier Merino, head of DannLaw’s New Jersey office, along with consumer lawyers Josh Denbeaux and Ira Metrick just published an op-ed in the New Jersey Law Journal dealing with this issue.

If you fall in this category you should keep a close eye on your bank account and withdraw the money as soon as it is deposited. To stay one step ahead of judgment creditors you can track your stimulus payment here.

Here’s more bad news: if you owe money to the bank where your stimulus payment is being direct-deposited the bank can grab it. For example, if you have a bank account that’s been overdrawn, and your stimulus payment is deposited into that account, the CARES Act does not prevent the bank from taking part or all of the stimulus payment to pay back the debt. So far J.P. Morgan Chase and Wells Fargo have said they will not seize stimulus funds. Bank of America, Citibank, and U.S. Bank have yet to clarify their positions.

Waiver of Federal Student Loan interest is in doubt 

Federal Student Loans servicers have not been completely transparent about how they are going to implement the six-month zero interest, zero-fee forbearance included in the Act. In addition, some observers speculate that Navient, Greatlakes, and Nelnet don’t have the technology needed to properly track accounts. If you are taking advantage of the forbearance program please pay close attention to your loan statements and contact DannLaw or other attorneys if you notice a discrepancy in your account.

The CARES Act does not provide relief for federal loans originated before 2005 and private student loans 

The CARES Act does not provide forbearance for federal student loans originated before 2005 that were not consolidated or private student loans. If your loan falls into these categories you must continue to make your payments. If you are unable to do so, contact your servicer in writing and request a modification, forbearance or another type of accommodation.

Monitor your credit if you are taking advantage of the mortgage forbearance provisions of the CARES Act.

As we’ve noted in previous updates, the CARES Act provides for up to 12 months of payment suspension/forbearance for borrowers with federally-backed loans owned by Fannie Mae, Freddie Mac or insured by the FHA, VA and the Department of Agriculture. To determine if you have a qualifying loan send a request for information (RFI) to your mortgage servicer. We’ve drafted a simple RFI you can use. To obtain a copy email us at [email protected].

Please remember forbearance isn’t forgiveness.  That means you may be subject to higher mortgage payments, escrow payments, and other fees when you begin making your payments after the forbearance period. If you do take advantage of the Act’s forbearance program you should look closely at your monthly statement to make sure it is correct. You should also subscribe to a credit monitoring service and check regularly to make sure your servicer is not entering negative information on your credit report. If you notice discrepancies contact us at [email protected] so we can help protect you and determine if you have legal claims that may entitle you to financial compensation.

Bankruptcy may be the solution to your financial problems 

My parents always encouraged me to hope for the best but prepare for the worst. Today, their advice is more valuable than ever before because the COVID-19 emergency is causing unprecedented damage to our economy and levels of unemployment not seen since the Great Depression. Study after study has shown that a majority of Americans would have a difficult time meeting their obligations for more than a month or two if they lost their source of income. The ongoing crisis has validated those studies.

The $1200 stimulus checks and small business loans may ease the pain in the short term, but when that money is gone many business owners and individuals will be forced to consider filing bankruptcy in the months ahead. And while many people are loathe to do so, bankruptcy protections may provide the best option for dealing with the devastation caused by the crisis—a crisis none of us created or could have anticipated.

The fact that the courts and collection activity are essentially shut down gives business owners and individuals a unique opportunity to closely examine their financial situation and begin planning for the future—including a future that includes bankruptcy. Doing so will put you in a good position to move forward once the crisis ends if you don’t have to file and will help ensure that bankruptcy provides the maximum protection for your family and your business if filing proves to be the best alternative.

If you would like to schedule a phone or video conference with one of our experienced bankruptcy attorneys to discuss your financial future and the options that are available to you, please email [email protected]  We are here to listen, to advise, and to help.

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Today, we’re going to tell you story about good vs. evil, right vs. wrong. The main character in the tale is Riad Ghosheh who owns a home that Ocwen Loan Servicing LLC and PHH Mortgage Services tried to steal. They’re the bad guys.

How bad?

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.

As of this year, more than 11,000 complaints against Ocwen had been lodged with the Consumer Financial Protection Bureau (CFPB). PHH, which Ocwen acquired in 2018, has been tagged 781 times. Ocwen, a company we’ve fought and written about many times, is truly among the worst of the bad actors that populate the mortgage servicing industry. It won’t come as a surprise that the company no longer operates under the Ocwen name. They decided to hide behind PHH’s relatively clean reputation. But believe us, Ocwen’s back there pulling the strings.

Those are the bad guys. Who are the good guys?

Well us, of course, the DannLaw legal team. When Riad learned that Ocwen/PHH was about to steal his home he contacted us. Here’s a spoiler alert: we saved his house. On October 30, Federal District Court Judge Mark Norris issued a temporary restraining order that stopped the bad guys from moving forward with a foreclosure that was scheduled for November 1. In the wake of Judge Norris’ ruling, Ocwen/PHH has decided to abort its attempt to swipe Riad’s residence. You can read Judge Norris’ order here: tnwd-2_2019-cv-02710-00015 (1)

Talk about riding to the rescue just in the nick of time…

But the saga doesn’t end there. Simply saving Riad’s house didn’t seem like justice to him or us. Ocwen/PHH had put him through a horrible ordeal. They broke the law—in fact, they broke a bunch of them. So we’re using those laws, in particular the Real Estate Sales Practices Act (RESPA) to hold Ocwen/PHH accountable and make them pay for nearly wrecking Riad’s finances and disrupting his life. You can read the complaint we filed against the companies in Federal District Court for the Western District of Tennessee here: Ghosheh Riad 2019 10 18 TS Complaint

Truth be told, we’ve helped hundreds of people like Riad over the years. But his story is both especially compelling and infuriating, so we thought we’d share it, both as a cautionary tale and to illustrate the strategies we use to fight giant banks and mortgage servicers—and WIN.

Here’s our story…

The home Ocwen/PHH tried to steal from Riad Ghosheh.

Riad Ghosheh, who is legally deaf and partially blind, owns a home in Cordova, Tennessee, a community just east of Memphis. Earlier this year, Riad went to Israel for an extended period of time to take care of family business. Before leaving he asked his son to make the mortgage payments on the home and gave him the money to do so.

You can probably guess what happened next: his son didn’t make the payments. Riad returned to the United States and learned that his loan had gone into default. Needless to say, this was not the homecoming gift he expected.

In order to stop the home from going into foreclosure, Riad filed for Chapter 13 bankruptcy on June 3, 2019. As we’ve noted in our blogs and on our website, filing Chapter 13 immediately brings foreclosure actions to a dead stop.

On or about the same day, Riad received a “Streamline Modification Trial Period Plan” (TPP) from Ocwen his loan servicer. Loan modification plans like this are designed to give homeowners the opportunity to prove they can make their mortgage payments and resolve arrearages. They are also supposed to stop foreclosures. Note the use of the word “supposed.” This will be important in just a bit.

The TPP Riad signed and returned to Ocwen well before the deadline set by the company. Ironically, the letter opens with the word “congratulations” and contains the phrase “We’re here to help!” The former was a cruel joke, the latter an outright lie.

If he accepted the proposed TPP, Riad would be required to make three payments of $1,418.15 beginning July 1. If he made the three payments on time, the company would offer him a permanent loan modification plan. Riad signed the TPP on June 18, 2019, and mailed it to Ocwen the same day.

Because he knew he could afford to make the payments called for in the TPP and because the agreement was supposed to prevent Ocwen from foreclosing on his home, Riad allowed his bankruptcy petition to be dismissed. After all, his main reason for filing was to save his home from foreclosure—a threat he supposedly no longer faced.

There’s that word again.

On June 24, Riad, as required by the TPP, made the July payment of $1,418.15. Records show Ocwen received the payment on June 28. He made the August payment on July 24 and the September payment on August 26. Three payments required. Three payments made—early.

So far so good, right?

Look, we told you this was a story of good vs. evil, not a fairy tale. Things were far from good.

Here’s what happened to the three payments:

Ocwen kept the July payment but never applied it to Riad’s loan;

On September 22, PHH, which had taken over the loan, sent the August payment back along with a letter notifying Riad that he had violated the terms of the TPP;

The September payment, which was made nearly a month before PHH sent back the August payment, is MIA. No one at Ocwen/PHH can find it.

Riad was, to say the least, alarmed by these events, so he asked the person who held his power of attorney to contact the bankruptcy lawyer who had filed the Chapter 13 petition on his behalf earlier in the year.

This was a good call on Riad’s part because the bankruptcy attorney was the person who notified him that his house was slated to be sold out from under him on November 1. Ocwen/PHH had never contacted him or his counsel. The lawyer only knew the sale was about to take place because he saw it advertised in the newspaper. It appears the fine folks at Ocwen/PHH who forgot to apply Riad’s July payment to his mortgage then forgot to notify him that they were about to steal his home did remember to advertise the attempted theft in the paper.

At this point, put yourself in Riad’s place. You trusted your kid to make your house payments. He didn’t.

You trusted your mortgage servicer to play by the rules and honor the terms of a mortgage modification plan they offered you. They didn’t.

You assumed that Ocwen/PHH would abide by the laws that govern the mortgage servicing industry. Of course they didn’t. Abiding by the law is not part of their business model.

And as a result of it all, you came within days of becoming homeless—even though you did everything you were supposed to do.

And Riad, like thousands of other people who have been victimized by Ocwen, would have been homeless had he not contacted the DannLaw team.

As we mentioned above, we’ve already saved Riad’s home. Now we’re suing Ocwen/PHH in Federal Court to make them pay for the emotional and physical distress their sordid behavior caused, for damaging Riad’s credit, and for violating both RESPA and Fair Debt Collection Practices Act (FDCPA). Our filing alleges that Ocwen/PHH did the following:

Count One: RESPA Violations

Count Two: Breach of Contract

Count Three: Promissory Estoppel (OK, we know you don’t know what that is, and the explanation is really long and complicated, but take our word for it, Ocwen/PHH did it.)

Count Four: Conversion

Count Five: Unjust Enrichment (This one is easy to understand, it basically means Ocwen/PHH stole Riad’s cash.)

Count Six: Violations of the FDCPA

The best thing is, Riad doesn’t have to pay us to wage this battle on his behalf. If we win the case, Ocwen/PHH will be required to pay our fees and we will receive a small percentage of any damages the court awards.

And the damages part is no fairytale—we’ve won significant financial awards for people like Riad numerous times in courts across the U.S.

That’s our story. We’ll let you know how it ends. But in the meantime, if you or someone you know is facing foreclosure or is being abused by a bank or mortgage servicer, don’t be a victim. Fight back like Riad, by contacting the experienced foreclosure defense attorneys at DannLaw. You can reach us by calling the office near you or by completing the form on our Contact page.

We’ll be happy to schedule a no-cost consultation, provide you with sound legal advice, and help you save your home and win the financial settlement you deserve.

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Attorneys for Cleveland, Ohio-based DannLaw, one of the nation’s leading consumer protection law firms, today filed separate class-action suits in Federal Court against Phoenix Financial Services, LLC and Central Research, Inc. The suits allege that both firms have repeatedly violated the Fair Debt Collections Practices Act (“FDCPA”), the federal law that prohibits debt collectors from engaging in abusive, deceptive and unfair practices.

Former Ohio Attorney General and DannLaw founder Marc Dann said the case against Phoenix Financial Services involves the firm’s efforts to collect “zombie” debt. “In Ohio, creditors are barred from suing to collect after four years,” he said. “But if the debtor makes a payment after the statutory time limit, the dead debt is brought back to life. That’s why the term zombie applies.”

“The law requires companies like Phoenix to tell consumers they aren’t obligated to pay a debt after the time limit has expired,” Atty. Dann continued. “Unfortunately, Phoenix and a number of other companies featured in a Washington Post story about the growing zombie debt industry, ignore that requirement and instead try to trick people into paying thousands of dollars they don’t actually owe. The practice is illegal and immoral so we’re asking the Court to make our clients whole and to bar the company from misleading consumers.”  The suit was filed in the United States District Court for the Northern District of Ohio, Eastern Division at Cleveland.

According to Attorney Brian Flick, Managing Partner of DannLaw’s Cincinnati office, the suit against Central Research alleges that the Lowell, Arkansas debt collection firm has engaged in false, deceptive, and or misleading conduct by sending collection notices to debtors that list the amount due but do not disclose that the balance may increase due to late fees, interest, and other charges.

“A number of courts have ruled that debt collectors must tell consumers the amount they owe when they receive a demand letter will grow each and every day,’ Atty. Flick said. “Central’s conscious decision to disregard those rulings and the FDCPA have harmed our lead client and hundreds of other Ohioans. We’re determined to hold the company accountable for willfully violating the law.” The Central Research case was filed in the United States District Court for the Southern District of Ohio, Eastern Division.

Both suits seek statutory and actual damages and include a demand for a jury trial.

For more information, please contact Atty. Marc Dann at 216-373-0539/[email protected] or Atty. Brian Flick at 513-951-7124/[email protected]

The pleadings and exhibits may be viewed/downloaded by clicking on the links below:

Allen_Candace_2019_08_08_Complaint_draft_v_2.0

Allen_Candace_2019_08_09_Exhibit_A_-_Dunning_Letter

Hall_Warren_2019_08_08_Complaint_v_2.0

Hall_Warren_2019_08_09_Exhibit_A_-_Dunning_Letter

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Lodging company data breach exposes hundreds of millions to identity theft, consumer fraud

DannLaw, one of the nation’s leading consumer protection law firms, is urging victims of the massive Starwood data breach to immediately take steps to both protect their personal information and preserve their right to seek financial compensation from the Marriott Corporation, Starwood’s parent company.

Last week Marriott announced that sensitive information belonging to 500,000,000 million people who used the company’s Starwood reservations system has been accessed by cybercriminals. According to the company the hackers copied names, addresses, dates of birth, passport numbers, email addresses, phone numbers, and encrypted credit card information from the Starwood reservation system. The company admits that the perpetrators may be able to overcome the encryption and use the credit card numbers.

“Starwood had a legal, ethical, and moral obligation to protect the information they obtained from consumers,” Atty. Marc Dann said. “The company utterly failed to meet those obligations and now as many as 500 million people are at risk of having their identities stolen and their credit damaged or ruined by cyber criminals. They must be held accountable for their actions.”

Atty. Dann noted that Marriott, like other companies that allowed customers’ personal data to be compromised, waited months to reveal that the reservation system had been hacked. “Even worse, cybersecurity experts agree that the company missed multiple opportunities to detect and/or prevent the breach since it occurred in 2014,” the former Ohio Attorney General said.

Those experts include Andrei Barysevich, a researcher with the security company Recorded Future Inc., who told the Wall Street Journal that a small breach the company suffered in 2015 should have set off alarms. “With all the resources they have, they should have been able to isolate hackers back in 2015,” he said. Instead, hackers mined the company’s reservation system for nearly four years.

“As a result, what could and should have been a minor problem has become one of the largest security failures in history,” Atty. Dann said. “Whether willful or careless, it appears that Marriott violated a number of consumer protection laws, and that means victims may be entitled to substantial compensation.”

Anyone who used the Starwood system to reserve a room at one of the following properties in the past four years may be at risk:

  • Sheraton Hotels & Resorts
  • Four Points by Sheraton
  • Westin Hotels & Resorts,
  • W Hotels
  • Regis, Element Hotels
  • Aloft Hotels,
  • The Luxury Collection,
  • Tribute Portfolio,
  • Le Méridien Hotels & Resorts, and
  • Design Hotels.
  • Starwood-branded timeshare properties

“Anyone who believes their personal or credit card information has been stolen should visit https://answers.kroll.com/, the website Marriott set up to deal with the problem and take advantage of the opportunity to enroll in WebWatcher for free,” Atty. Dann said. “But please, do not agree to any waiver or release the company offers via email, regular mail, or via phone. The last thing a victim of the company’s carelessness should do is surrender their right to hold Marriott accountable at a later date.”

Atty. Dann also urged anyone whose data may have been compromised to arrange a free consultation with the firm’s highly experienced legal team by calling 877-475-8100 or by completing the form that may be accessed at  https://docs.google.com/…/1FAIpQLSfWi22blTFnoe5fLD…/viewform “We will be happy to walk people through the steps they need to take to preserve their rights under the law.”

Finally, Atty. Dann suggested that potential victims take the following steps to protect themselves and their families:

  • Marriott is notifying impacted consumers by email. The email will come from [email protected]. When other companies provided notifications in this manner, cybercriminals sent fake emails asking individuals to provide information about themselves by providing links to fake websites or impersonating someone trusted. The email being sent by Starwood will not contain any attachments or request any information from consumers and links will only take recipients to the breach web site.
  • Check credit reports from Equifax, Experian, and TransUnion and look for any unauthorized entries or accounts.
  • Place a free credit freeze on your files. A credit freeze makes it harder for someone to open a new account in your name.
  • If you decide against a credit freeze, consider placing a fraud alert on your files. A fraud alert warns creditors that you may be an identity theft victim and that they should verify that anyone seeking credit in your name really is you;
  • Change your login information on your Starwood accounts. If you used that same username and password on other sites, change those as well;
  • Consider placing alerts on your financial accounts so your financial institution alerts you when money above a pre-designated amount is withdrawn;
  • Beware of potential phishing emails; don’t open email messages or attachments from unknown senders and do not click on any unknown links. Fraudsters will frequently send coercive and misleading emails threatening account suspension or worse if sensitive information is not provided;
  • Remember, businesses will never ask customers to verify account information via email or phone. If in doubt, contact the business in question directly for verification and to report phishing emails and phone calls; and
  • Be on the lookout for spoofed email address. Spoofed email addresses are those that make minor changes in the domain name, such as changing the letter O to the number zero, or lowercase letter I to the number one. Scrutinize all incoming email addresses to ensure that the sender is truly legitimate.

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DannLaw attorneys suspect troubled bank has understated number of victims, urges Wells borrowers who received loan modifications between 2010 and 2015 to seek legal advice.

Earlier this year Wells Fargo revealed in an SEC filing that a “software glitch” caused the bank to improperly deny mortgage loan modifications to 625 homeowners between 2010 and 2015. At the time, Wells said it had set aside eight million dollars to compensate borrowers impacted by the mistake, including the 400 families who lost their homes to foreclosure.  Now victims of the incident are receiving checks from Wells. Attorney Marc Dann, founder and managing partner of DannLaw, is urging them to seek legal advice before accepting the money.

“A number of borrowers who received checks from Wells have contacted us to ask if the amount being offered is fair,” Atty. Dann said. “Obviously, families who went through the trauma of losing or almost losing their homes due to Wells’ incompetence deserve more than a few thousand bucks—especially if the company violated federal lending laws and rules. We’ve launched an investigation to determine if that’s true.  No one should cash a check they receive from the company or sign a settlement agreement until our inquiry is complete.”

That investigation is likely to reveal Wells has understated the number of people damaged by the glitch. “Company officials admit 625 borrowers were improperly denied modifications,” Atty. Dann noted. “But that’s only part of the story. The same software error may have caused loan mods that were granted to be miscalculated. As a result, thousands of homeowners may be making payments that are much higher than they should be.”

“Wells has no intention of telling them about the problem, so we’re making a concerted effort to alert anyone whose mortgage was modified by Wells Fargo between 2010 and 2015 that they may have been cheated,” he said noting that borrowers with “conventional” loans owned by Fannie Mae or Freddie Mac comprise the pool of potential victims.

“Talking to those folks will enable us to assess whether and to what extent Wells violated lending laws and regs, including the Real Estate Settlement Procedures Act (RESPA) and the Truth in Lending Act (TILA)” Atty. Dann explained. “If we discover the law has been violated, borrowers could receive thousands of dollars in compensation from Wells whether they are a member of the group of 625 homeowners the bank admits to abusing or someone whose loan mod was miscalculated. In either case, we’re able and eager to take legal steps that will hold Wells accountable for its actions and make victims whole.”

Borrowers who receive a compensation/settlement check from Wells, as well as those who received a loan modification from the bank between 2010 and 2015, may call 877-475-8100 to arrange a free consultation with DannLaw.