It’s all over the news. All 50 of the state attorneys general, the OCC, the newly formed Consumer Financial Protection Bureau (CFPB), the Department of Justice (through the Office of the United States Trustee), and even local district attorneys general and deed registrars from around the nation are investigating allegations of fraud against the major mortgage servicers, like Wells Fargo, Bank of America (formerly Countrywide), Citimortgage, Citibank, Ocwen, EMC, Litton, PNC, Ally (formerly GMAC), Chase, American Home Mortgage Servicing Inc. (AHMSI), Aurora, Deutsche Bank, Fannie Mae, Freddie Mac, U.S. Bancorp, HSBC, as well as related companies like Mortgage Electronic Registration Systems, Inc. (MERS), Lender Processing Services, Inc. (LPS), DOCX, Prommis Solutions, NDEX, National Bankruptcy Solutions (NBS), Moss Codilis, and others.

So what’s all the hubbub about? The illegal mortgage servicing practices we are fighting include illegal robo-signing (fraudulent documents filed in court or with the deed records, like false affidavits and mortgage assignments), bankruptcy discharge and stay violations (trying to collect amounts in violation of bankruptcy laws), willful failure to modify in good faith, improper and/or illegal fees and charges, wrongfully force-placed insurance (flood insurance, hazard insurance), and other escrow / accounting errors. We never cease to be amazed by all the ways the servicers are finding to squeeze money from folks illegally; we hear something new almost every day.

Are you a victim of mortgage servicing abuse or fraud? Unfortunately, many more people may have been victimized by their mortgage servicers (and their henchmen) than will ever know it. Oftentimes, faced with foreclosure and beaten down by overwhelming financial hardship, people decide to give up their homes without a fight. Sometimes, that is a wise financial decision, but sometimes, it makes sense to stand and fight. We can help you evaluate whether your circumstances justify going toe-to-toe with the big banks.

What types of cases do we file? We sue mortgage servicers (and related entities) in individual cases and class actions. The vast, vast majority of our cases are individual cases for a variety of reasons too numerous to list here. However, we also represent classes of plaintiffs against the mortgage servicers (and other creditors) in appropriate cases. Class cases are not for the faint of heart. Often, they can take years to litigate to conclusion, with many appeals, motions, depositions, and other legal maneuvers happening along the way. Class representatives must be willing to stand up for themselves and the other class members. They must be diligent about paying attention to and understanding the case. Most of all, class members must be patient, for the wheels of our justice system often turn very slowly.

However, fair warning: we are highly selective about what cases we accept, for both individual and class cases. So many people have been subjected to the industry-wide fraud committed by the mortgage servicers. Yet we have found that many victims of this fraud are nevertheless unable to afford their homes even if they had not been defrauded. At this time, unfortunately, if you cannot afford to pay the loan against your home, we probably cannot help you fight the mortgage company. In truth, despite the servicers’ deplorable behavior, many courts lack sympathy for borrowers who cannot afford to repay their debts. On the other hand, if you are among the many unfortunate folks who had a rough time financially in the past, but you can now to pay your mortgage going forward, we may be able to help.

What do we look for in a potential client? Above all else, honesty, excellent record keeping, and reasonable expectations are what matter to us most. We know that many, many folks have struggled under the weight of this horrible economy caused by the banks. We understand that most of our clients have some blemishes on their payment histories. That’s okay. We are not here to judge you on what has happened in the past, and we believe that the mortgage servicers have no right to use your past financial hardship as an excuse to commit fraud or to take more than they are due. We are here to help you fix the problem.

Our best clients are those who help us do just that – fix the problem – by keeping records of all of their payments, all of their mortgage statements, and all of their communications with the banks. Our best clients are also those who are up-front with us about any missed payments or other circumstances affecting their situation, both good and bad. Finally, our best clients understand and respect the limitations of what we are able to accomplish.

While the legal climate and the laws themselves may change in the future with regard to what we can achieve for our clients, our best clients understand that success is often defined by getting their problem fixed, and often, by getting some or all of our fees paid by the defendant. As much as we believe and wish the state of the law were different, mortgage litigation is extremely unlikely to produce a “jackpot” result for our clients.

Sometimes, we are able to obtain modest cash settlements or damages for our clients in mortgage litigation, but it is important that our clients understand that the principal goal of our litigation is to solve the problem, not to achieve a financial windfall. Indeed, we are often able to get our clients’ mortgage accounts corrected, unlawful amounts credited back, and in many cases, we get our attorneys’ fees paid by the other side. Of course, results vary, and we do not and cannot promise or predict any specific future outcome. What we can and do promise is that, if we represent you, we will represent you zealously and fearlessly no matter how big and bad your mortgage servicer may be!