How to Settle Foreclosures lawsuits with Lerner Sampson Rothfuss
How do you settle Foreclosures lawsuits with Lerner Sampson Rothfuss? Whether you have just been served with a summons and complaint or you are about to have the home sold there may be time to settle a foreclosure. The lender needs to have the account up to date. You may need to stay in the home or you may have equity in the home you need to save.
Who is Lerner, Sampson & Rothfuss and Manley Deas Kochalski?
Lerner, Sampson & Rothfuss Sampson and Rothfuss is a Cincinnati Ohio law firm which handles the majority of foreclosure cases in Kentucky. They operate similarly to other law firms like Manley Deas Kochalski and Fessler, Schneider & Grimme. They all file foreclosure cases in Kentucky and are competent strong lawfirms.
Lerner Sampson and Rothfuss work for companies who hold mortgages and service mortgages. Mortgage companies collect the mortgages through servicers who manage the loan. Companies like Ocwen and New York Mellon operate much like any other debt collector or debt buyer but these are servicing companies or holders who are not the original lender.
These law firms do not work for you . They do not offer you legal advice against the people they work for. To my knowledge they have never recommended to a consumer suing their clients or filing bankruptcy as an option. They record every phone call you make to them. These phone calls are admissions and the information can and will be used against you. Use an attorney to settle you case.
Servicing Companies and Debt Buyers as Mortgage Holders
Servicing companies either collect for banks that have loans in default or they buy portfolios of bad mortgages and debts banks, for pennies on the dollar. These Servicing companies then try to collect the full amount from consumers, plus interest, penalties, late fees, overdraft fees, attorney’s fees and whatever other kinds of fees they can dream up. Often the original mortgage company has filed bankruptcy itself. The new loan may be owned by Bank of America, Greentree, Ocwen or a New York Mellon Trust.
The servicers are notorious violators of the FDCPA Fair Debt Collection Practices Act (FDCPA). They are sued often in class action lawsuits by consumers for these violations. The FDCPA prevents third party debt collectors from using false, misleading, deceptive and harassing debt collection tactics. What happens is they believe unfair and deceptive tactics are necessary to collect the debt. Being caught and paying a fine is just a cost of doing business. They know the law. They just choose to ignore it. There are many other laws and regulations which regulate Mortgage collections and foreclosures which includes the CFPB.
The Problem with Ocwen and New York Mellon Trust as Holders and Servicers:
To servicers and Debt buyers the consumer is no more than an entry on a spreadsheet, you are data. Often the data is defective they just got their date from someone else. The servicer does not know if that date is accurate or not. All it did was buy the debt or collect the debt. And in the case of the servicer it makes a profit from collecting the late charges and fees it bills. So it bills a lot.
In collecting the foreclosure Lerner, Sampson & Rothfuss always has the burden to prove
- The mortgage was proper
- The payments, charges and fees are correct
- And the Plaintiff has the right to sue
It is never the burden of the homeowner to prove the charges. To prove the case, the evidence submitted by Lerner, Sampson & Rothfuss must be based on the personal knowledge of the witness or it is a proper business record. Otherwise the testimony is hearsay. The charges must be reasonable and accurate to be a business record. Often it isn’t. Often the keeper of the records lacks any personal knowledge of how information in the credit card bill is collected, generated, or maintained. Instead you are just there to make them a profit. You exist to a debt collector as just an entry on a spreadsheet. Servicers often lack the ability to prove anything.
WHAT YOU SHOULD DO:
If you’ve been sued by Lerner, Sampson & Rothfuss in a foreclosure, consider hiring a qualified attorney experienced in debt defense. We often sue the debt collectors back. If you need to defend a foreclosure Nick Thompson routinely represents consumers in foreclosure lawsuits brought by Ocwen, Bank of America, and New York Mellon Trust.
We analyze these debt collection cases to determine if any violations of TILA, CFPB and FDCPA regulations have occurred. If so, we recommend whether a lawsuit or defense should be made. You can sue for statutory damages up to $1,000.00, plus actual damages (like pain and suffering) and attorney’s fees if an FDCPA violation has occured.
If you need to stop a foreclosure and harassing debt collectors, contact us today to see what we can do for you.