Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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stressed
Can anyone explain what to do when the attorney you hired files a "Notice of Disqualification"? Attorney takes our money and case. Defenses were filed. He told us he was going to take care of every thing as long as we make our payment to him.

Plaintiff filed a motion for summary judgment and we have only a certain time to respond.

But instead of file an answer, the attorney he file a "Notice of Disqualification". It say he advise the court of disqualification pursuant to order of state Supreme Court. His law license is suspended.

When we call to find out about our defense he say that it is too bad but that he can not represent us because state Supreme Court say so.

We now find out he is under investigation for a long time. He even lose his job and is convicted of some crime. He know all this when he took our retainer. He say that he do not have to give us our money back because he all ready do a lot of work for us and gave us a good defense. He say if we send him more money he will get someone else from his firm to ask for more time and to file a response.

Does this happen to anybody else? Doesn't attorney have to tell when he is under investigation? Does suspension from practice of law really mean he can keep our money because Supreme Court says he isn't allowed to practice?

Can we file defense to summary judgment that Supreme Court took our lawyer away before we could file a response? Other lawyer say we should not have use him and that we have to pay a new retainer to get a real lawyer who will defend us.

Does any body know?
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?
Has anybody else seen this? Maybe Nye has seen this in other foreclosure cases.
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$&?!
I think I know which dishonest and corrupt Ohio attorney you mean.  You are very likely to find that you have very little legal recourse.  If it is the attorney I think it is, he probably included some express language in his retainer agreements whereby you agreed to completely waive any claims against him and even to give up the full balance of your retainer if he was subject to any discipline.  Like many litigants, you probably didn't bother to read the fine print of the retainer agreement, which is usually quite oppressive, offering many protections to the attorney and very few to the person engaging the legal services.

Here, the details about the previous criminal conduct and even the existence of the disciplinary complaint was probably already publicly known when you signed the agreement and began to use this dishonest lawyer, so arguably you were making an informed waiver of your rights.

Interestingly, several corrupt and dishonest attorneys, often supported by advertising and sponsorship of so-called foreclosure defense websites, actually loaded up on cases before being disciplined or pleading guilty knowing full well that they could simply pocket the retainer fees pursuant to the devious provisions of these retainer fee agreements.  They can legitimately claim that they are precluded by court order from performing the contemplated services and entitled under the express provisions of the agreement to keep the retainers without completing the services.

Thus, you will lose your house if you do not cough up money for another attorney (often the dishonest attorney even has negotiated to obtain a referral fee for referring your business to a former partner even after stealing your retainer).  The corrupt and dishonest attorney hits an even better payday than if he wasn't disciplined, actually getting paid for performing no work at all!  Attorneys like this throw a few dollars at the corrupt site administrators of sites like MS Fraud to keep this all on the hush hush, while continuing to extoll the virtues of the crooked lawyers.  It is all too cozy!
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Emily
I think I know who you mean. This attorney was recommended to me by someone I trusted, but it seems like this was some kind of scam. Now we have to find a new attorney. Same notice of disqualification filed in December. Attorney was suspended. Supposedly the person who was referring business is getting represented by some associate of the crooked attorney. Everyone else gets the shaft and has to come up with a new retainer. Uggh!
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$&?!
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I think I know who you mean. This attorney was recommended to me by someone I trusted, but it seems like this was some kind of scam. Now we have to find a new attorney. Same notice of disqualification filed in December. Attorney was suspended. Supposedly the person who was referring business is getting represented by some associate of the crooked attorney. Everyone else gets the shaft and has to come up with a new retainer. Uggh!


It is not at all uncommon for these crooked attorneys to give preferential treatment to foreclosure activist bloggers or those involved in operation of foreclosure defense websites.  The crooked attorney can get a bit of favorable online mention even while continuing to shaft the bulk of their clients.

The attorney you allude to is particularly notorious for pretending to be sympathetic to distressed borrowers.  He has cozied up to several high profile or activists foreclosure defendants and has used his pretense to build a very lucrative foreclosure practice even though he has had almost no success at all, at least as to keeping borrowers in their homes.  But that was never the objective anyway.  This attorney's only goal was to line his own pockets while pretending to advocate on behalf of those whose homes are at risk. 

We understand that he is very pleased with the profits he has secured through his suspension.  While his clients are pretty much out the full amount of their retainers and must seek new representation, he gets a six month vacation fully funded by the amounts he collected as retainer from those foolish enough to secure his services.

Next time someone recommends an attorney who has already pleaded guilty to criminal charges and who is the subject of an ongoing disciplinary complaint, you should ask yourself whether the person advocating such a disreputable person is worthy of any trust and whether this recommendation has been purchased.
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