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Keeping the Dream Alive

Foreclosure Defense

February 12, 2018 By Marc Dann

Last year, Edwardo Sanchez, a paralegal in DannLaw’s New Jersey and New York office became the first person in his family to graduate from college, an event he proudly shared on Twitter. His tweet was noticed and retweeted by none other than Bill Gates who told his 43.2 million followers that Edwardo’s story was an “amazing moment of hope and progress” in what had been a “really tough year.” I agree with Mr. Gates, Edwardo’s achievement gives us all hope that the American Dream is still alive.

Like Mr. Gates I also believe 2017 was a really rough year – and I’m afraid it may have been the first in an epoch during which it will become increasingly difficult for people to realize their dreams whether they involve graduating from college, buying a home, living in a safe neighborhood with good schools, achieving financial security, participating in the democratic process, realizing their full potential as human beings, or enjoying their retirement years. All those things are now at risk because the current administration is rolling back regulations and refusing to enforce laws that ensure Edwardo and other Americans have the opportunity to use their talents to achieve and succeed.

I’ll readily admit I was depressed about the situation until I realized that there was one group in the country that could step in and assume the responsibilities government was abdicating – lawyers. That’s right, lawyers like me, like my colleagues at DannLaw, like the thousands of lawyers across the country who do one thing in many different ways – help clients achieve their dreams.

When you think about it, we lawyers have always been in the hope and progress business. We’ve always been there when the government failed to protect its citizens. Lawyers were at the forefront of the civil rights movement, the drive to make cars safer, to rid medicine of bad doctors and dangerous drugs, to clean up our air and water, to protect consumers, and advocate for the disabled.

Armed with only JDs, knowledge, guts, and an unwavering belief in the principle of equal justice under law, lawyers made America a better place to live time and time again.

That aspect of our profession has never been more important than it is today.

With that in mind, we at DannLaw are redoubling our efforts to battle the home foreclosure crisis that is still roiling communities across Ohio by using Regulation X of the Real Estate Settlement Protection Act (RESPA) and Regulation Z of the Truth in Lending Act (TILA) to hold lenders and servicers accountable when they ignore the law and abuse borrowers.

Fortunately, these powerful tools managed to escape the fate that has befallen large portions of the nation’s regulatory regime over the past year. Indeed, I’m both happy and astonished to report that Reg. X is stronger than ever thanks to the enactment of additional amendments that became effective in October. Readers can learn more about the new provisions by visiting DannLaw.com or by contacting Dan Solar, leader of our RESPA practice group.

We also plan to do more to help borrowers deal with student loan debt which now exceeds $1.31 trillion and is turning the dream of obtaining a college degree into a nightmare for American families. According to Emily White, director of our student loan practice group, the Department of Education’s decision to relax oversight of the industry has freed lenders to use increasingly aggressive tactics against borrowers. Although people who took out loans backed by the government have few options, we can help students who borrowed from National Collegiate and other private lenders because those companies, like their counterparts in the mortgage industry, often commit sloppy mistakes and paperwork errors that make it difficult if not impossible for them to collect. Emily and I will have more to report during 2018.

Which is a great segue into an area in which we made great progress during 2017 – disability rights law. I’m extremely proud of the work we’ve done to convince companies to bring their digital platforms into compliance with the Americans With Disabilities Act and similar state statutes.

Here’s a special note to my friends who practice corporate defense law and their clients – complying with the ADA is a win/ win. Enabling people with disabilities to purchase goods via your websites and apps will create millions of new customers and generate billions in profits. Don’t take my word for it, just ask Target, the company’s reaped huge profits since becoming a leader in accessibility.

Those are just a few areas where we have and will continue to step in and use the law to do what government won’t – protect and enhance our clients’ ability to achieve their dreams.

Knowing we have the power to do it has made me prouder than ever to be a lawyer.

Filed Under: Consumer Fraud, Disability Rights, In the News, Mortgage Fraud, RESPA Tagged With: Bankruptcy, Consumer Fraud, Foreclosure Defense, Housing Market Crisis

December 7, 2017 By Marc Dann

Marc Dann - "The Con" Documentary Screenshot

In 2007 then-Ohio Attorney General Marc Dann was among the first officials in the nation to recognize that years of predatory mortgage lending and Wall Street greed was about to devastate the housing market and bring the U.S. economy to the brink of collapse.

Now the filmmakers at Red Point Digital have produced and are preparing to release The Con, a documentary that chronicles the crisis, the people crushed by it, and those like Marc Dann who attempted to stop the economic carnage and hold those responsible for it accountable. Marc plays a prominent role because he, unlike federal officials, actually formed a criminal investigation task force that led to arrests and prosecutions of the scam artists who came close to utterly destroying the American Dream.

You can watch a trailer of The Con by clicking on the pic above. We’ll let you know when the full movie is released.

And just in case you think all is right with the world ten years after the crash, read the following piece about the ongoing foreclosure crisis in Ohio…

“The reports of my death are greatly exaggerated.” American author and humorist Samuel Clemens (Mark Twain) commenting on his supposed demise in 1897.

Unfortunately, the same thing can be said of the supposed demise of the housing crisis that’s cost millions of Americans their homes, savings, and peace of mind. Yes, like everyone else, I’ve seen the stories touting the economic recovery that’s sweeping the nation, but a number of things prevent me from adding my voice to the chorus singing Happy Days are Here Again.

First, there’s my own experience: distressed homeowners contact my firm every day desperately searching for a way to save their homes.. According to media reports, the only thing I should be hearing in my office are crickets, but the opposite is true.

Second, there’s the 2016 presidential election. I normally avoid the temptation—my spouse would call it a compulsion—to be overtly political in these columns, but pundits of all persuasions point to the economy and working class angst as the main reasons Donald Trump won. It’s not a coincidence that the voters who handed him the keys to the Oval Office live in states like Ohio that have been hit hard by a housing crisis that’s supposed to be over.

Except it isn’t, as a new report issued by Attom Data Solutions clearly shows. According to the company’s figures, nearly 20% of Ohio homeowners are underwater, i.e. they owe more than their houses are worth. The numbers are even more depressing when you look at the negative equity statistics city-by-city: Cleveland, 22.9%; Akron, 20.3%; Dayton, 20.3%; Toledo, 20.0%. If that data set isn’t bleak enough for you consider this: Columbus and Cincinnati are among the cities with the fastest rate of growth in underwater mortgages in the nation.

All of which explains why my phones will be ringing incessantly for some time to come.

I have often written about the economic toll the ongoing housing crisis already has and, based on the Attom report, will continue to extract from individuals, families, and entire communities in Ohio and other states. What we don’t talk about often enough is its impact on domestic relations law.

Let me explain…

Fifteen years ago, when I ran a law firm located in a strip plaza just outside Youngstown, Ohio, domestic relations work made up a considerable portion of my practice. Then, fighting over the equity in the marital home often led two people who had once been madly in love to regard each other with disdain that bordered on downright hate. But, in the end, at least one or both parties walked away with some cash and/or a home at the end of the day.

In 2008 the housing market collapsed and the situation changed. Although I had stopped doing domestic work, colleagues who did told me couples regularly engaged in “I don’t want it, you can have it” battles to determine which spouse would be stuck with a residence that was tens of thousands of dollars or more underwater. Divorce and dissolution proceedings ground to a halt as couples struggled to find a way to deal with crushing debt and the consequences of foreclosure. When people mired in this type of situation finally were divorced they ended up homeless and deeply in debt.

Nine years later not much has changed. The stress caused by attempting to bail out a home that’s underwater not only destroys marriages, it forces people who want to separate to stay together, increases the negative financial impact that often accompanies divorce, and makes it even harder for both parties to get on with their lives.

That’s why we readily agree to work with couples and attorneys who call us to help resolve mortgage and negative equity issues. They trust us to act as honest, impartial professionals who know how to delay, defend and deal with the aftermath of foreclosures. Whether we negotiate loan modifications, arrange short sales, ensure that mortgage companies have legal standing to foreclose, or use Regulations X and Z to hold financial institutions accountable when they break the rules, we extricate homeowners from situations that appeared hopeless and put them in a position to build a brighter future for themselves and their families.

That’s what makes foreclosure defense the most satisfying work I’ve done since I graduated law school. But I have to admit that I dream of the day when my phone’s not ringing because that would mean the housing crisis had ended, mortgage lenders and servicers were acting responsibly, and all was right with the world.

I know, it’s not going to happen, but I can dream can’t I? Until then, we at the Dann Law Firm will just keep doing what we do: helping people deal with the ongoing nightmare that is the housing crisis.

Filed Under: In the News Tagged With: Foreclosure Defense, Housing Market Crisis, The Con, U.S. Economy, Wall Street Greed

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