Recently, I have been reading a number of opinions throughout the 11th Circuit, and Southern District of Florida, which bear the names of uniquely
Haitian families. In each of the cases the borrower Plaintiffs did not
succeed on their claims under the Real Estate Settlement Procedures Act
(RESPA), and in each of these cases, which should not have been filed,
the Court, their Orders and quite frankly I as well, began to wonder “how
this case was filed?” Last week, I met with a potential client in
my office. This potential client was certain their loan servicer had violated
federal law and touted an already filed Complaint in our meeting as “proof”
thereof. Although the potential client told me in broken English that
it could take a couple of hours for them to relate what they perceived
as a long story, I felt it best I ask some introductory questions first.
I asked the potential client about a few minor, but important details
so that I can better assess the situation, and the cause of action already pending.
Within 3-5 minutes I had my answer. The potential client’s case pending
was a sham. I informed the client I could do not help them fight their
servicer under RESPA. As we wrapped up the meeting I felt it best to ask
the potential client how they came to file a Complaint in federal court
with such a limited knowledge of the English language which although both
quoting and citing the complexities of RESPA, was clearly founded upon
poor facts. The potential client confided in me that there was a well-dressed
man who approached him with a promise to review his loan for a $150.00
charge. Following a “loan review”, this well-dressed man,
a non-attorney, allegedly told the potential client of “clear violations”
on their federally related mortgage loans, and then provided him a ready-made
RESPA Complaint to file in federal court. The man required they pay all
their own court filing fees and costs. Essentially the scammer stole $550
from this potential client who did not seem to have that kind of money
just laying around for disposal.
We at Loan Lawyers suspect that there is a new scam targeting minorities,
and feel we are obligated to make as much “noise” about the
scam as possible. The scammers are targeting people at their most vulnerable
points, which quite frankly is nothing new. However, we are concerned
that scammers may demand monies for alleged RESPA causes of action that
simply do not exist. Although you may feel overwhelmed by sheer frustration
with your loan servicers who all too often also prey upon the unsuspecting
and weary, to have viable cause of action in federal court you must have
good facts and equally good compliance with the law. When either of those
two pieces of the litigation puzzle is missing, do not proceed. Again,
the potential client was fooled into paying for a service that we provide
FOR FREE. And while the potential client had their troubles discovered
within 3-5 minutes of basic work on my part; asking the right questions
and looking in the right places for the right answers, surprisingly, the
troubles for this potential client, possibly like many other minorities,
did not come from the loan servicer, but rather from scammers using an
immigrant’s legal unfamiliarity and naiveté to the personal
financial gain and advantage of the scammers themselves.
I informed the potential client to tell their friends and neighbors that
at Loan Lawyers we do NOT charge to review potential cases under RESPA
and rather we take use our resources, skills, knowledge and our time to
ensure that each of our potential clients are provided excellent loan
servicing from their loan servicers, and that when they are not, that
our clients also have an excellent legal team behind them. Filing a case
in federal court without any legal basis to do so can have serious consequences.
If you believe you have an issue with your loan servicer and need help
to resolve it, I highly recommend that you do not look elsewhere, schedule
an appoint with Loan Lawyers and Attorney Michael Citron today!
For more information about the FDCPA or RESPA
please click here.
Loan Lawyers has helped over 5,000 South Florida homeowners and consumers
with their debt problems.
Contact us to see how we may be able to help you.