Legal Question in Consumer Law in Michigan

Deceptive, Abuse, Opportunism of a Mortgage Servicing Company.

Now before I start, I would definitely like to know why majority of the firms/attorneys declines cases that they haven't even seen one shred of evidence? Especially if an individual has ALL the proofs and records of the documents, letters, proof of payment, proof of communications, proof of attempted amendments, to name a few with a letter written chronologically regarding to the situation. I faced the same dilema when I was trying to find a malpractice attorney.

This case is regarding to a mortgage servicing company abusing, harassing, deceiving, opportunism, threatening foreclosure four or five times (but did no go through with it), and reporting unecessary negative damaging remarks to the credit bureau on my 73 year- old mother. The thing is that she have all the proofs and they don't. I have been assisting my mother in the gathering of these information and attempting to contact a legal representation. We are met with declines but ''other lawyers may have a different opinion'' familar excuses with no referrals that we asked of them. I refuse to let my mother lose her house over lies, deception, threats, and more. What is it that these lawyers were looking for? Isn't there any ''true'' justice for people who really needs help?


Asked on 4/16/07, 2:44 pm

2 Answers from Attorneys

Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Deceptive, Abuse, Opportunism of a Mortgage Servicing Company.

With all due respect, I disagree with Mr. Courtright's response about the integrity of mortgage servicers. In my opinion, mortgage lenders and servicers (especially in the subprime market) frequently use illegal tactics and practices to collect money from borrowers they are not legally entitled to. I understand your frustration, but this is a highly specialized area of consumer law; however, your comments about attorneys in general are unfair. Attorneys and law firms work on tight budgets and only take cases they think they can win. Lawsuits are very expensive, law firm overhead is very expensive, and not all attorneys can fund litigation -- especially when he or she is not familiar with the area of law or do not think they can win and the client cannot contribute financially to the expenses incurred during the lawsuit.

I also think you unfairly took your frustration out on Mr. Courtright who used his valuable time to give you free legal advice he thought would benefit you. You are not entitled to free legal representation unless you are a defendant in a criminal case and meet certain criteria. If you want to discuss your mother's issues with the mortgage servicer, call me at 248.679.1552.

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Answered on 4/17/07, 10:47 am
Jay Courtright Jay Courtright, Attorney at Law

Re: Deceptive, Abuse, Opportunism of a Mortgage Servicing Company.

I can't really comment on why other attorneys decline to represent you because I don't know what any specifics of these allegations your are making are. Having said that, I would find it highly unlikely that a mortgage servicing company in a highly regulated environment such as mortgage lending would lack for 'proofs' that you are referring to. Ultimately, maybe what the other attorneys are looking at is that your mother's situation doesn't really require a lawyer. It sounds like you should contact the mortgage servicer 'compare' your proofs with theirs and find out where the confusion lies. If you show a payment being submitted that the servicer hasn't posted, find out through your mother's bank where if the check cleared and who cashed it. If there is misinformation on the credit bureau, get a copy of your credit report and find out what it is. If there is inaccurate information, then file a formal dispute with the credit bureau. The credit bureau will forward your dispute to the company reporting it. If they don't respond within 30 days then the credit bureau assumes the consumer is right and alters the information. Legal action should be your last resort, not your first.

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Answered on 4/16/07, 7:09 pm


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