Articles Posted in Cases Filed

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We recently sued Wells Fargo for wrongful foreclosure and fraud and since it is a common type of fraud, we thought it might be helpful to show you the complaint we filed in federal court.

If you live in Alabama and you are dealing with anything similar to this with any mortgage company (especially Wells Fargo), please let us know as we would like to hear about your experiences.

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We recently filed suit (19 pages for the Complaint) under the FDCPA and Alabama state law against the debt collectors out of Kansas — National Credit Adjusters and Smith Haynes & Watson.

There is a great deal of scams going on in the collection world related to pay day loans.

This lawsuit exposes a different facet of pay day loan collection scams — assuming that the allegations are correct, which we believe they are.

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You can read about what happened to an Alabama consumer after LVNV sued her, lost its case against her, and then continued to collect against her.

The collection activities included sending her collection letters from a law firm.

LVNV reported this debt on the consumer’s credit reports, even though the court ruled the consumer did not owe the debt.

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For several years we have sent out every Thursday (except when I am running late!) a free email newsletter where we talk about suing collection agencies, defending against collection lawsuits, correcting errors on your credit reports, fighting wrongful foreclosures, protecting against identity theft, and other consumer issues.

We call it “Consumer Power” as our intention is to give you knowledge and to give you encouragement to take action. Knowledge plus action is truly power and we want to empower consumers.

We have now set up a website, ConsumerPowerNewsletter.com, where we have all of the back issues. Usually a day or so after we put out our weekly newsletter, we will have the new issue up.

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Debt collectors must give the appropriate disclosures when leaving voicemails which means, among other things, that the collection agency must inform the consumer that the call is “from a debt collector” and that the call is “an attempt to collect a debt.”

Debt collectors do not like giving full disclosures because it can expose them to suit for illegally disclosing to a third party that the collector is collecting a debt. So . . . they don’t want that but they still want to leave a message.

What to do?

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We have talked about the rampant violations of the federal law known as the TCPA — Telephone Consumer Protection Act — which prohibits automated calls to cell or mobile phones without permission.

In a case we filed against Chase (credit card company) and the large debt collector NCO, allegations were made about alleged violations of the FDCPA (Fair Debt Collection Practices Act) and the TCPA.

These allegations are listed below:

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We have warned consumers to be very careful about settling debts as sometimes debt collectors will come after you even after you have settled your case.

Here is an example of a lawsuit against the well known debt collector (debt buyer) LVNV and Leading Edge Recovery Solutions, LLC, related to allegations that the consumer settled the debt but yet LVNV then sued the consumer. LVNV refused to dismiss the case with prejudice but when the trial came, LVNV did not show up to court according to the judge’s order.

Here are the allegations if you are interested in reading:

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LPP is a mortgage company (perhaps only the servicing company) that has taken over a lot of defaulted loans of New South Federal. Many Alabama consumers were in the process of modifying their loans with New South when the FDIC took over the bank in December, 2009.

We have met with a lot of consumers who claim that LPP has not treated them right in the loan medication process and some claim that LPP lied to them about whether a foreclosure would occur.

You may know that in Alabama foreclosures are “non judicial” which means no judge gets to approve the foreclosure before it happens. But after foreclosure, the alleged new owner (almost always the mortgage company) must sue you to eject (evict) you from the home. This gives you an opportunity to have a judge review what has happened.

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We have talked extensively about the problem of companies, particularly car finance companies, violating the Telephone Consumer Protection Act (TCPA) by using autodialers or computer dialers and using pre-recorded messages against consumer’s cell phones illegally.

If you never gave permission to the auto finance company (GMAC, Nuvell, GMAC, Capital One Auto, Santander (Drive Financial), etc) then there is no excuse for them calling your cell phone with a robo-dialer or autodialer or using a pre-recorded message. This normally violates the law including the TCPA.

If you gave permission, you can always revoke it. We suggest doing this by a written letter sent certified mail, return receipt requested. Calls after that may be illegal if they are from a computer dialer (auto dialer or predictive dialer) or contain pre-recorded messages.

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Bankruptcy is a legitimate option for many Alabama consumers but what do you do when after you have received a discharge (meaning you don’t owe the debt anymore) the mortgage company — such as Bank of Americar (BAC Home Loan Servicing) — continues to call and write to collect on a debt that does not exist anymore?

What do you do after you tell the company to not bother you — to not call you on your cell phone with an illegal autodialer, to not write you anymore?

When the mortgage company — whether Chase, GMAC, Litton Loan, PHH, LPP, Wells Fargo, Bank of America, etc — won’t stop breaking the law then one way to get them to stop is to sue them.

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