Brookstone Law reviews and complaints
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they told me I had a bad home mortgage loan.
On March 26, 2012, they examine my home mortgage contract and stated they had a class action suit against GMAC mortgage company so I joined. I paid them $2500.00 dollars and signed a contract. I would call and speak to different person that would explain and say be patient. I even spoke to someone in the state of New York. Over the years I have had a number...
Read full review of Brookstone Lawmortgage
Brookstone law took over 8, 000 to 10, 000 from me promising that they could help me with my mortgage. They said they could get me a fixed rate and to stop paying my mortgage. When it went in for closure they said not to worry they would stop it. When I tried to get a hold of them they no longer responded. I lost my home and had to move out. They kept...
Read full review of Brookstone Lawdeceptive business practices and unethical behavior
MAY 10, 2017
I entered into a mass joinder lawsuit with Brookstone law .
I paid over $5, 000 since 2011 and up legal analysis and monthly fees as a retainer fee, and I have been bamboozle every since by Brookstone Law. deceptive business practices and unethical behavior. They told me to mail refund request and I did but it to has been ignored.
Brookstone Law / did not provide service paid forCalifornia, Newport Beach Lawyers and Attorneys Attorney for Plaintifs: Vito Torchia, Jr. (SBN 244687) BROOKSTONE LAW, PC 18831 Yon Karman Ave., Suite 400 lrvine, California 92612 Telephone: [protected], [protected] (Facsunile: [protected] E-mail: [protected]@BrookstoncLaw.com Attorneys for Plaintiffs in the case of Yolanda Kennedy vs JPMORGAN CHASE BANK, N .A., a New York corporation; FIRST AMERICAN CORPORATION, a California Corporation in early 2014.COMPLAINT FOR: BC 55 6 B 1 9 Brook stone law group is the same group of Attorney with a scam charge and judgment against them from the FTC( “Preying on homeowners using a set of law firms under the names Brookstone Law and Advantis Law, and other affiliates named below, claimed they would bring lawsuits against lenders for mortgage fraud and void consumers’ mortgage notes People who responded to the Bookstone Law advertising were told they could join a lawsuit by paying $895 or more in advance for a “legal analysis, ” and that they were likely or certain to prevail in a lawsuit against their lender; I along with some consumers were told they would recover at least $75, 000 - 400, 000.
The Federal Commission file a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest. Brookstone falsely promised some clients that they would add them as plaintiffs in lawsuits; they told others they would add them soon but did so only months later. Clients’ requests for information were ignored. In addition, the defendants did not tell people when their lawsuits had been dismissed and kept collecting fees from those clients. Clients’ requests for refunds were refused or ignored. Vito Torchia, was disbarred by the California bar for misconduct. During his ethics trial, he conceded that Brookstone failed to provide the most basic elements of legal representation.
Bookstone Affiliates are Damian Kutzner; Vito Torchia, Jr.; Jonathan Tarkowski; R. Geoffrey Broderick; Charles T. Marshall; Brookstone Law P.C., doing business as Brookstone Law Group, a California corporation; Brookstone Law P.C., doing business as Brookstone Law Group, a Nevada corporation; Advantis Law P.C.; and Advantis Law Group P.C. They are charged with violating the FTC Act and the FTC’s Mortgage Assistance Relief Services Rule (MARS Rule) and Regulation The Commission files a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest.
My complaint is the same as FTC and I have requested dealt with and requested refund to following addresses: Headquarter in NY.
Affilates
Brook Stone Law Office
18400 Von Karman Ave., 10th flr, Ste 1000, Irvine, CA 92612
Attn: Attorney and Finance Dept.,
CC Affiliates:
Brookstone Law Brookstone Law Bank
1503 S. Coast Drive #100, Costa Mesa, CA 92626,
Brookstone Law 3991 MacArthur Blvd #410, Newport Beach, CA 92660
4000 Macarthur Blvd St 1110 Newport Beach, 92660,
Affiliates: Burt Law Firm Bankruptcy Attorney
Address: 3991 MacArthur Blvd #410, Newport Beach, CA 92660
Phone:[protected]
Admin Law Group
Address: 2211 Michelson Dr Suite 1270, Irvine, CA 92612
Phone:[protected]
United Law Group
Address: 2525 Campus Dr, Irvine, CA 92612
Phone:[protected]
Brookstone Law HEADQUARTERS
Legal Services · Manhattan
Address: 80 Broad Street, Manhattan, NY 10005
Phone:[protected]
Brook Stone Law Office
1503 S. Coast Drive
Costa Mesa, CA 92627
Attn: Finance Dept.
All are SCAMMER involved with deceptive business practices and unethical behavior. Since Around 2012, 2013, 2014, 2015 to present I seek resolution for my complaint and a full refund and debarment of Attorney and Businesses.
Please advise and assist me with my complaint.
Thank You,
Yolanda Kennedy
[protected]
deceptive legal practices
I entered into a mass joinder lawsuit with Brookstone in the case of Wright vs. Bank of America in early 2011, and I paid $6, 000 up front as a retainer fee, and I have been bamboozle every since. They initially stated to me that I wouldn't have my house taken from me as long as it was implicated in a law suit and that they would file a lis pendens noticed, informing the public that a lawsuit is pending, but they never did. I tried on many occasions to have the lis pendens notice executed but no one would help me and the representative I initially spoke to was, supposedly, no longer working for the company. They took my $6, 000 dollars, my house was foreclosed, but I remained a litigant in the case.
In 2013, an appeal was needed to continue with the case, and I was told that in order for me to remain in the case, I would have to enter a new agreement outlining the term and payments of the appeal matter and, I was elaborately convinced of this elaborate story on how they believed they had merits in the case and supportive case studies that could win them the case. I was convinced and entered in to the "Appeal Agreement" to pay an initial $250.00 and $60 a month until the appeal action was completed.
Well, the appeal decision was victorious and we won the appeal. However, now Brookstone Law is asking me to pay $250.00 dollars a month that I was "already" paying or I will be dropped from the case.
My problem is that I was never "already" paying Brookstone anything, beside the upfront retainer fee at the beginning ($6, 000), until the Appeal. I paid the $60 through the duration of the Appeal, so what are these people talking about, now. They are trying to squeeze another $250 a month (out of me) through the duration of the case, as it goes back to Superior Count of Orange County. Why aren't thing back to where they were before they fought the appeal. Why, now are they attempting to get more money out of me. I am being threaten to be drop from the case, after they have taken my money for almost 2 years, when I was told that it would only take 5- 8 months in the appeal action.
My take on this law firm is that they how found a cash cow and is milking it dry. It is extortion for them to threaten to drop me from a case that I paid a retainer fee to join, if I don't pay them $250 a month.
There they go again, Brookstone Law, debiting my account two time for $60 from the debit authorization I signed for the appeal proceedings, which has been completed since November 2014, please explain to me why are they doing this?
Thank you for your advice, I have read the appeal documentation over and over again. I did pay an initial payment of $250 to get the appeal started, and I had entered into an agreement to pay them $60 a month until the appeal case had reach an agreement, but I never sign-up to pay them an additional $250 every month until the actual case was adjudicated. Did you by any chance pay an initial fee of $250 to get the appeal started? Because I'm thinking this is where it gets sticky, but the bottom line is that the heading of the agreement stated appeal agreement and nothing else.
I had the same problem and was able to resolve the situation. It takes reaching out to them and discussing the matter. Also you have to read the documentation you signed when you went into the appeal process. They are willing to work with you.
did not provide service paid for
Went to them to join a mass joinder against Bank Of America, they called me everyday until I sent them $1250.00 for a secularization report that basically had all the info on it that I sent them, they were suppose to call me and explain, after failing at several attempts to reach them, I never heard from them again.. Very Very upset...
concerned
My friend just told me that her friend that works for Brookstone Law is very happy because attorneys Kenin Spivak, Ted Maloney and Ed Lasman just purchased the firm. This is great news because, from what I hear, Kenin Spivak is a fantastic attorney. Knowing this, I will be hiring Brookstone to sue my lender.
The complaint has been investigated and resolved to the customer’s satisfaction.
Well looky looky -the government did it for free:
Gov't orders 14 lenders to reimburse homeowners
http://news.yahoo.com/s/ap/20110413/ap_on_bi_ge/us_foreclosure_reimbursed
Looks like Vito and Kutzner's $5, 895 a pop theft-ride is over! WOOHOO!
Receive a Mailer for a Mass Joinder case against your lender, or been solicited in any way about Mass Joinder suit versus your lender?
Please Contact the California Bar Association
"We are interested in anyone who has been solicited to join the mass joinder cases. Even better, would be people who actually paid money to these organizations." - California Bar Association
Brookstone Law Mass Joinder Complaint Hotline: [protected]
or [protected] (outside California)
http://www.calbar.ca.gov/ContactUs.aspx
http://getoutofdebt.org/26821/have-you-been-approached-for-or-paid-for-mass-joinder-mortgage-litigation-services
Scam Alert everybody - these guys are pitching everyone that they can eliminate your mortgage or reduce it to 80% of value - what a crock. Read what the California Department of Real Estate has to say about their wonderful lawsuit or go to this link: http://www.dre.ca.gov/pdf_docs/ca/ConsumeAlert_WarningreMassLitigation.pdf
California Department of Real Estate
** CONSUMER ALERT **
1
FRAUD WARNING REGARDING LAWSUIT MARKETERS REQUESTING UPFRONT
FEES FOR SO-CALLED “MASS JOINDER” OR CLASS LITIGATION PROMISING
EXTRAORDINARY HOME MORTGAGE RELIEF
By Wayne S. Bell
Chief Counsel, California Department of Real Estate
I. HOME MORTGAGE RELIEF THROUGH LITIGATION (and “Too Good to Be True”
Claims Regarding Its Use to Avoid and/or Stop Foreclosure, Obtain Loan Principal
Reduction, and to Let You Have Your Home “Free and Clear” of Any Mortgage).
This alert is written to warn consumers about marketing companies, unlicensed entities,
lawyers, and so-called attorney-backed, attorney-affiliated, and lawyer referral entities
that offer and sell false hope and request the payment of upfront fees for so-called “mass
joinder” or class litigation that will supposedly result in extraordinary home mortgage
relief.
The California Department of Real Estate (“DRE” or “Department”) previously issued a
consumer alert and fraud warning on loan modification and foreclosure rescue scams in
California. That alert was followed by warnings and alerts regarding forensic loan audit
fraud, scams in connection with short sale transactions, false and misleading
designations and claims of special expertise, certifications and credentials in connection
with home loan relief services, and other real estate and home loan relief scams.
The Department continues to administratively prosecute those who engage in such fraud
and to work in collaboration with the California State Bar, the Federal Trade
Commission, and federal, State and local criminal law enforcement authorities to bring
such frauds to justice.
On October 11, 2009, Senate Bill 94 was signed into law in California, and it became
effective that day. It prohibited any person, including real estate licensees and attorneys,
from charging, claiming, demanding, collecting or receiving an upfront fee from a
homeowner borrower in connection with a promise to modify the borrower’s residential
loan or some other form of mortgage loan forbearance.
Senate Bill 94’s prohibitions seem to have significantly impacted the rampant fraud that
was occurring and escalating with respect to the payment of upfront fees for loan
modification work.
Also, forensic loan auditors must now register with the California Department of Justice
and cannot accept payments in advance for their services under California law once a
Notice of Default has been recorded. There are certain exceptions for lawyers and real
estate brokers. 2
On January 31, 2011, an important and broad advance fee ban issued by the Federal
Trade Commission became effective and outlaws providers of mortgage assistance relief
services from requesting or collecting advance fees from a homeowner.
Discussions about Senate Bill 94, the Federal advance fee ban, and the Consumer
Alerts of the DRE, are available on the DRE’s website at www.dre.ca.gov.
Lawyer Exemption from the Federal Advance Fee Ban --
The advance fee ban issued by the Federal Trade Commission includes a narrow and
conditional carve out for attorneys.
If lawyers meet the following four conditions, they are generally exempt from the rule:
1. They are engaged in the practice of law, and mortgage assistance relief is part of
their practice.
2. They are licensed in the State where the consumer or the dwelling is located.
3. They are complying with State laws and regulations governing the “same type of
conduct the [FTC] rule requires”.
4. They place any advance fees they collect in a client trust account and comply with
State laws and regulations covering such accounts. This requires that client funds
be kept separate from the lawyers' personal and/or business funds until such time
as the funds have been earned.
It is important to note that the exemption for lawyers discussed above does not allow
lawyers to collect money upfront for loan modifications or loan forbearance services,
which advance fees are banned by the more restrictive California Senate Bill 94.
But those who continue to prey on and victimize vulnerable homeowners have not given
up. They just change their tactics and modify their sales pitches to keep taking
advantage of those who are desperate to save their homes. And some of the frauds
seeking to rip off desperate homeowners are trying to use the lawyer exemption above to collect
advance fees for mortgage assistance relief litigation.
This alert and warning is issued to call to your attention the often overblown and
exaggerated “sales pitch(es)” regarding the supposed value of questionable
“Mass Joinder” or Class Action Litigation.
Whether they call themselves Foreclosure Defense Experts, Mortgage Loan Litigators,
Living Free and Clear experts, or some other official, important or impressive sounding
title(s), individuals and companies are marketing their services in the State of California
and on the Internet. They are making a wide variety of claims and sales pitches,
and offering impressive sounding legal and litigation services, with quite
extraordinary remedies promised, with the goal of taking and getting some of your
money. 3
While there are lawyers and law firms which are legitimate and qualified to handle
complex class action or joinder litigation, you must be cautious and BEWARE. And
certainly check out the lawyers on the State Bar website and via other means, as
discussed below in Section III.
II. QUESTIONABLE AND/OR FALSE CLAIMS OF THE SO-CALLED MORTGAGE LOAN
DEFENSE OR “MASS JOINDER” AND CLASS LITIGATORS.
A. What are the Claims/Sales Pitches?
They are many and varied, and include:
1. You can join in a mass joinder or class action lawsuit already filed against your
lender and stay in your home. You can stop paying your lender.
2. The mortgage loans can be stripped entirely from your home.
3. Your payment obligation and foreclosure against your home can be stopped when
the lawsuit is filed.
4. The litigation will take the power away from your lender.
5. A jury will side with you and against your lender.
6. The lawsuit will give you the leverage you need to stay in your home.
7. The lawsuit may give you the right to rescind your home loan, or to reduce your
principal.
8. The lawsuit will help you modify your home loan. It will give you a step up in the
loan modification process.
9. The litigation will be performed through “powerful” litigation attorney
representation.
10. Litigation attorneys are “turning the tables on lenders and getting cash settlements
for homeowners”.
In one Internet advertisement, the marketing materials say, “the damages sought in your
behalf are nothing less than a full lien strip or in otherwords [sic] a free and clear house if
the bank can’t produce the documents they own the note on your home. Or at the very
least, damages could be awarded that would reduce the principal balance of the note on
your home to 80% of market value, and give you a 2% interest rate for the life of the
loan”.
B. Discussion.
Please don’t be fooled by slick come-ons by scammers who just want your money. Some
of the claims above might be true in a particular case, based on the facts and evidence
presented before a Court or a jury, or have a ring or hint of truth, but you must carefully
examine and analyze each and every one of them to determine if filing a lawsuit against
your lender or joining a class or mass joinder lawsuit will have any value for you and your
situation. Be particularly skeptical of all such claims, since agreeing to participate in 4
such litigation may require you to pay for legal or other services, often before any legal
work is performed (e.g., a significant upfront retainer fee is required).
The reality is that litigation is time-consuming (with formal discovery such as
depositions, interrogatories, requests for documents, requests for admissions,
motions, and the like), expensive, and usually vigorously defended. There can be
no guarantees or assurances with respect to the outcome of a lawsuit.
Even if a lender or loan owner defendant were to lose at trial, it can appeal, and the
entire process can take years. Also, there is no statistical or other competent data
that supports the claims that a mass joinder and class action lawsuit, even if
performed by a licensed, legitimate and trained lawyer(s), will provide the
remedies that the marketers promise.
There are two other important points to be made here:
First, even assuming that the lawyers can identify fraud or other legal violations
performed by your lender in the loan origination process, your loan may be owned by an
investor – that is, someone other than your lender. The investor will most assuredly
argue that your claims against your originating lender do not apply against the investor
(the purchaser of your loan). And even if your lender still owns the loan, they are not
legally required, absent a court judgment or order, to modify your loan or to halt the
foreclosure process if you are behind in your payments. If they happen to lose the
lawsuit, they can appeal, as noted above. Also, the violations discovered may be minor
or inconsequential, which will not provide for any helpful remedies.
Second, and very importantly, loan modifications and other types of foreclosure relief are
simply not possible for every homeowner, and the “success rate” is currently very low in
California. This is where the lawsuit marketing scammers come in and try to convince
you that they offer you “a leg up”. They falsely claim or suggest that they can guarantee
to stop a foreclosure in its tracks, leave you with a home “free and clear” of any
mortgage loan(s), make lofty sounding but hollow promises, exaggerate or make bold
statements regarding their litigation successes, charge you for a retainer, and leave you
with less money.
III. THE KEY HERE IS FOR YOU TO BE ON GUARD AND CHECK THE LAWYERS OUT
(Know Who You Are or May Be Dealing With) - Do Your Own Homework (Avoid
The Traps Set by the Litigation Marketing Frauds).
Before entering into an attorney-client relationship, or paying for “legal” or litigation
services, ascertain the name of the lawyer or lawyers who will be providing the services.
Then check them out on the State Bar's website, at www.calbar.ca.gov. Make certain
that they are licensed by the State Bar of California. If they are licensed, see if they have
been disciplined. 5
Check them out through the Better Business Bureau to see if the Bureau has received
any complaints about the lawyer, law firm or marketing firm offering the services (and
remember that only lawyers can provide legal services). And please understand that this
is just another resource for you to check, as the litigation services provider might be so
new that the Better Business Bureau may have little or nothing on them (or something
positive because of insufficient public input).
Check them out through a Google or related search on the Internet. You may be
amazed at what you can and will find out doing such a search. Often consumers
who have been scammed will post their experiences, insights, and warnings long
before any criminal, civil or administrative action has been brought against the
scammers.
Also, ask them lots of specific, detailed questions about their litigation experience, clients
and successful results. For example, you should ask them how many mortgage-related
joinder or class lawsuits they have filed and handled through settlement or trial. Ask
them for pleadings they have filed and news stories about their so-called successes. Ask
them for a list of current and past “satisfied” clients. If they provide you with a list, call
those people and ask those former clients if they would use the lawyer or law firm again.
Ask the lawyers if they are class action or joinder litigation specialists and ask them what
specialist qualifications they have. Then ask what they will actually do for you (what
specific services they will be providing and for what fees and costs). Get that in writing,
and take the time to fully understand what the attorney-client contract says and what the
end result will be before proceeding with the services. Remember to always ask for and
demand copies of all documents that you sign.
IV. CONCLUSION.
Mortgage rescue frauds are extremely good at selling false hope to consumers in trouble
with regard to home loans. The scammers continue to adapt and to modify their
schemes as soon as their last ones became ineffective. Promises of successes through
mass joinder or class litigation are now being marketed.
Please be careful, do your own diligence to protect yourself, and be highly suspect if
anyone asks you for money up front before doing any service on your behalf. Most
importantly, DON’T LET FRAUDS TAKE YOUR HARD EARNED MONEY.
Hmmm, let me think about this one here. The site is called Complaints Board - not Compliments Board; so why in the heck would Concerned and Jennifer Scolfield be here in the first place. I call SCAM! This blog by Concerned was posted with the intent to commit fraud. Jennifer Scolfield gets the assist on this fraud. Keep your money safe from Damian Kutzner do not give it to Brookstone Law. If you do you will not see a dime of relief when they get popped by the FBI. Myth of Broostone Law not being a scam BUSTED!
Let's face it, Damian Kutzner knows that this "Brookstone Law" place is just like EVERY other "endeavor"/scam that he (Damian Kutzner) has ever controlled. This means that he already knows that this thing called Brookstone Law/ULG gets shut down. So knowing this just like with United Law Group the money is already out the door and nesting in another company that he and another puppet attorney will roll into next. Minus, of course, Vito and his Bar License. Damian cannot by law own or operate pretty much any firm that uses telephones to solicit clients that is why they keep his name off of everything, but everyone inside Brookstone knows that he is the one running the show in this new scam operation. Long - short: the only way to get your money out of Brookstone Law or any company under Damian Kutzner's control is- NOT TO PUT IT IN!
Vito Torchia, Jr. and Damian Kutzner ripped off thousand of homeowners through United Law Group. In their very short time at ULG they managed to log over 300 complaints with the BBB http://www.la.bbb.org/Business-Report/United-Law-Group-Inc-100076162, and get themselves shut down by the FBI http://thepatriotswar.com/index.php/fbi-raids-offices-of-united-law-group-shut-down/homeowner-resources/ . As the bankruptcy trustee involved with United Law Group bankruptcy noted: this was when they decided to open Brookstone Law.
"The Trustee is informed, believes and therefore alleges that Brookstone is a corporation which was merely created by the [United Law Group]’s insider and COO, Damian Kutzner. The evidence indicates Brookstone was created for, among other things, to take control of the United Law Group’s debt settlement business along with the Deposit Fund Account and the United Law Group’s Revenue Stream in furtherance of a scheme to hinder, delay and defraud the United Law Group'’s creditors.
Make no mistake about it Brookstone Law is United Law Group by another name. When the FBI shuts down Brookstone Law, just like the people from United Law Group you will not get your money back. Damian Kutzner will just roll it over into his next scam and just like Sean Rutledge Vito Torchia, Jr. will be left without a license, but such as life. THE ONLY THING IS THAT YOU CAN MAKE A DECISION TO PROTECT YOURSELF. DO NOT GET INVOLVED WITH THESE PEOPLE. THEY WILL STEAL YOUR MONEY!
I have been struggling for the last couple of years to keep my home, I catch up and fall behind again on my mortgage and the economy is just not getting better for me. I have tried everything, to no avail. I started trying to work with my lender (WAMU now Chase) back in 2008. I attempted to work with Chase and grew frustrated that after one year of sending and resending paperwork and them losing they denied my modification. I was in the exact same position as when I first contacted them. After all the frustration of trying to work with them, I thought I had found the answer when I came across United Law Group. Anthony was very helpful at first and told me that they could help me. He took my information over the phone and "Qualified " me for a loan modification. He told me that I qualified, but after my experience with Chase on me to work with them I was skeptical at best. Anthony re-assured me and told me that the difference between "ULG" and others was that they were going to file a class action lawsuit against my lender and use that as leverage to modify my loan.
HE SOLD ME, I paid my fee and that is when the nightmare started. after months of no return calls or emails I finally got a hold of someone. By this point I was looking for a refund, they told me that the reason I did not get a modification was that I had too much credit card debt and needed to enroll in "Debt Settlement", since I was mad at their lack of customer service, to "make it up to me" they would give me a discount on that service, that they also provided, they told me that they had addressed their issues and "moving forward" it would not happen again.
I GOT SOLD AGAIN! A few months later I called to get an update, their phones were no longer working, panicking I went on line and found out that they had been raided by the FTC, FBI, the BAR, I found out that the major reason they got shut down is that they promised thousands of people (myself included) that they would sue my bank and NEVER FILED ONE CASE.
Needless to say I am still in the same situation except I am out thousands of dollars and I am still struggling to make my mortgage payment. I am still trying to save my house, that is when I heard about Brookstone Law and that they were suing the banks. I contacted Brookstone and imagine my surprise when on the other end of the phone was familiar to me, It was Anthony!
The same person from ULG who I had first spoken to a year and a half earlier and never returned my calls while he was at ULG. I did a search of Brookstone Law and found out that it is the SAME PEOPLE AS ULG, THE SAME ATTORNEY (the one that did not get disbarred) and the same people orchestrating a new SCAM, with the same "master thief" Damian Kutzner behind ULG. I feel silly enough to have been fooled by them twice already. I WILL NOT BE FOOLED AGAIN! BEWARE! BEWARE! BEWARE!
"Wow, Kenin Spivak? I think he was involved with MGM at one time. I'm glad he is now connected with Brookstone. I'm sure that if Brookstone was still tied with United Law Group, Spivak wouldn't be involved with him."
brookstone law is a scam not intake for wright vs. bofa california litigation alliance joinder, loan mod, front, internet
I got a mailer that looked like it was a 1099 or tax item. It has all the look and feel of a 1099 in fact they even went to the trouble to put “FORM 1012-R, Litigation Notification” on the mailer (red flag #1).
It turned out to be a solicitation for Brookstone Law. They claimed they were filing a “Mass Joinder Case” against my mortgage lender. My loan is current but like other my house is worth a little less than I owe. Since I am considering selling my house soon as a short sale I decided to call them. I called the number on it and I got a recording. I left 2 messages but no returned calls (red flag #2).
On the recordings they encourage you to go to their web site and fill out a very short form and they would call. I did this and in about 2 hours I got a call for someone. I was in a meeting and I asked if I could call back in 20 minutes. They said no they would call me back (red flag #3).
Well surprise surprise they never called back. I spoke to other people that got this “1012-R Response Required” form and they all say this is a Loan Mod company pretending to be a legal company working on a class action suit. Apparently I am not their target since my loan is current and I am not desperate to throw money at them so I will not expect a call back ever. Beware of rouge sites claiming to be above board in legal practices. http://www.piggybankblog.com/2003/09/09/masslitalliance-com/ is on payroll for the company as a smear campaign to legitimate law firms representing the suit.
I have unfortunately had hired Brookstone law, Vito, Daron Colby, and the whole gang. Wow all i got was the run around, lied to, and completely scammed. after hiring Brookstone to represent me in my unlawful detainer, all i got was absolutely nothing from the company. They didnt even show up to court for me. then they advised me to hire them for an advarsary complaint and bankruptcy, after doing absolutely nothing for me, they advised me to file a lawsuit in federal court. Why I took their advise, I have no Idea except the fact that it was complete desperation. when i realized I had been scammed, I fired Daron Colby as my attorney so I could bring on actual council and representation. Brookstone dropped my lawsuit, without my concent, forcing me to start over. through the procedd, my family was evicted, my life was destroyed. So much time had passed after the Brookstone run around, it made it more difficult to get my case heard. luckily I did not give up and will be moving back home. Brookstone will be held accountable for the pain they caused my family. In my opinion they are on bank payroll and are in the business of preying on homeowners in need of representation. In hindsight I wish I had never heard of, Met, hired, or dealt with Brookstone law...I am going back home this week and fully intent to hold Brookstone law accountable for the pain they caused my family. BROOKSTONE LAW, VITO, DARON COLBY, RICHARD, YOU SHOULD BE ASHAMED OF YOURSELVES. I will see you soon.
Well looky here! You are all over posting this all over the web! (lol) Just like a troll who is working!
.
I do have to admit……. the one who said "Crookstone law" did make me laugh (tongue in cheek) Even I have to admire that wit (lol)
.
My name is blah, blah, blah AND I JUST FOUGHT BACK!
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http://www.piggybankblog.com/2011/03/12/mass-litigation-alliance-caught-red-handed/
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John Wright
piggybankblog.com
Well looky looky -the government did it for free:
Gov't orders 14 lenders to reimburse homeowners
http://news.yahoo.com/s/ap/20110413/ap_on_bi_ge/us_foreclosure_reimbursed
Looks like Vito and Kutzner's $5, 895 a pop theft-ride is over! WOOHOO!
I am someone :)
.
My name is John Wright AND I AM FIGHTING BACK!
.
John Wright
piggybankblog.com
Receive a Mailer for a Mass Joinder case against your lender, or been solicited in any way about Mass Joinder suit versus your lender?
Please Contact the California Bar Association
"We are interested in anyone who has been solicited to join the mass joinder cases. Even better, would be people who actually paid money to these organizations." - California Bar Association
Brookstone Law Mass Joinder Complaint Hotline: [protected]
or [protected] (outside California)
http://www.calbar.ca.gov/ContactUs.aspx
http://getoutofdebt.org/26821/have-you-been-approached-for-or-paid-for-mass-joinder-mortgage-litigation-services
Scam Alert everybody - these guys are pitching everyone that they can eliminate your mortgage or reduce it to 80% of value - what a crock. Read what the California Department of Real Estate has to say about their wonderful lawsuit or go to this link: http://www.dre.ca.gov/pdf_docs/ca/ConsumeAlert_WarningreMassLitigation.pdf
California Department of Real Estate
** CONSUMER ALERT **
1
FRAUD WARNING REGARDING LAWSUIT MARKETERS REQUESTING UPFRONT
FEES FOR SO-CALLED “MASS JOINDER” OR CLASS LITIGATION PROMISING
EXTRAORDINARY HOME MORTGAGE RELIEF
By Wayne S. Bell
Chief Counsel, California Department of Real Estate
I. HOME MORTGAGE RELIEF THROUGH LITIGATION (and “Too Good to Be True”
Claims Regarding Its Use to Avoid and/or Stop Foreclosure, Obtain Loan Principal
Reduction, and to Let You Have Your Home “Free and Clear” of Any Mortgage).
This alert is written to warn consumers about marketing companies, unlicensed entities,
lawyers, and so-called attorney-backed, attorney-affiliated, and lawyer referral entities
that offer and sell false hope and request the payment of upfront fees for so-called “mass
joinder” or class litigation that will supposedly result in extraordinary home mortgage
relief.
The California Department of Real Estate (“DRE” or “Department”) previously issued a
consumer alert and fraud warning on loan modification and foreclosure rescue scams in
California. That alert was followed by warnings and alerts regarding forensic loan audit
fraud, scams in connection with short sale transactions, false and misleading
designations and claims of special expertise, certifications and credentials in connection
with home loan relief services, and other real estate and home loan relief scams.
The Department continues to administratively prosecute those who engage in such fraud
and to work in collaboration with the California State Bar, the Federal Trade
Commission, and federal, State and local criminal law enforcement authorities to bring
such frauds to justice.
On October 11, 2009, Senate Bill 94 was signed into law in California, and it became
effective that day. It prohibited any person, including real estate licensees and attorneys,
from charging, claiming, demanding, collecting or receiving an upfront fee from a
homeowner borrower in connection with a promise to modify the borrower’s residential
loan or some other form of mortgage loan forbearance.
Senate Bill 94’s prohibitions seem to have significantly impacted the rampant fraud that
was occurring and escalating with respect to the payment of upfront fees for loan
modification work.
Also, forensic loan auditors must now register with the California Department of Justice
and cannot accept payments in advance for their services under California law once a
Notice of Default has been recorded. There are certain exceptions for lawyers and real
estate brokers. 2
On January 31, 2011, an important and broad advance fee ban issued by the Federal
Trade Commission became effective and outlaws providers of mortgage assistance relief
services from requesting or collecting advance fees from a homeowner.
Discussions about Senate Bill 94, the Federal advance fee ban, and the Consumer
Alerts of the DRE, are available on the DRE’s website at www.dre.ca.gov.
Lawyer Exemption from the Federal Advance Fee Ban --
The advance fee ban issued by the Federal Trade Commission includes a narrow and
conditional carve out for attorneys.
If lawyers meet the following four conditions, they are generally exempt from the rule:
1. They are engaged in the practice of law, and mortgage assistance relief is part of
their practice.
2. They are licensed in the State where the consumer or the dwelling is located.
3. They are complying with State laws and regulations governing the “same type of
conduct the [FTC] rule requires”.
4. They place any advance fees they collect in a client trust account and comply with
State laws and regulations covering such accounts. This requires that client funds
be kept separate from the lawyers' personal and/or business funds until such time
as the funds have been earned.
It is important to note that the exemption for lawyers discussed above does not allow
lawyers to collect money upfront for loan modifications or loan forbearance services,
which advance fees are banned by the more restrictive California Senate Bill 94.
But those who continue to prey on and victimize vulnerable homeowners have not given
up. They just change their tactics and modify their sales pitches to keep taking
advantage of those who are desperate to save their homes. And some of the frauds
seeking to rip off desperate homeowners are trying to use the lawyer exemption above to collect
advance fees for mortgage assistance relief litigation.
This alert and warning is issued to call to your attention the often overblown and
exaggerated “sales pitch(es)” regarding the supposed value of questionable
“Mass Joinder” or Class Action Litigation.
Whether they call themselves Foreclosure Defense Experts, Mortgage Loan Litigators,
Living Free and Clear experts, or some other official, important or impressive sounding
title(s), individuals and companies are marketing their services in the State of California
and on the Internet. They are making a wide variety of claims and sales pitches,
and offering impressive sounding legal and litigation services, with quite
extraordinary remedies promised, with the goal of taking and getting some of your
money. 3
While there are lawyers and law firms which are legitimate and qualified to handle
complex class action or joinder litigation, you must be cautious and BEWARE. And
certainly check out the lawyers on the State Bar website and via other means, as
discussed below in Section III.
II. QUESTIONABLE AND/OR FALSE CLAIMS OF THE SO-CALLED MORTGAGE LOAN
DEFENSE OR “MASS JOINDER” AND CLASS LITIGATORS.
A. What are the Claims/Sales Pitches?
They are many and varied, and include:
1. You can join in a mass joinder or class action lawsuit already filed against your
lender and stay in your home. You can stop paying your lender.
2. The mortgage loans can be stripped entirely from your home.
3. Your payment obligation and foreclosure against your home can be stopped when
the lawsuit is filed.
4. The litigation will take the power away from your lender.
5. A jury will side with you and against your lender.
6. The lawsuit will give you the leverage you need to stay in your home.
7. The lawsuit may give you the right to rescind your home loan, or to reduce your
principal.
8. The lawsuit will help you modify your home loan. It will give you a step up in the
loan modification process.
9. The litigation will be performed through “powerful” litigation attorney
representation.
10. Litigation attorneys are “turning the tables on lenders and getting cash settlements
for homeowners”.
In one Internet advertisement, the marketing materials say, “the damages sought in your
behalf are nothing less than a full lien strip or in otherwords [sic] a free and clear house if
the bank can’t produce the documents they own the note on your home. Or at the very
least, damages could be awarded that would reduce the principal balance of the note on
your home to 80% of market value, and give you a 2% interest rate for the life of the
loan”.
B. Discussion.
Please don’t be fooled by slick come-ons by scammers who just want your money. Some
of the claims above might be true in a particular case, based on the facts and evidence
presented before a Court or a jury, or have a ring or hint of truth, but you must carefully
examine and analyze each and every one of them to determine if filing a lawsuit against
your lender or joining a class or mass joinder lawsuit will have any value for you and your
situation. Be particularly skeptical of all such claims, since agreeing to participate in 4
such litigation may require you to pay for legal or other services, often before any legal
work is performed (e.g., a significant upfront retainer fee is required).
The reality is that litigation is time-consuming (with formal discovery such as
depositions, interrogatories, requests for documents, requests for admissions,
motions, and the like), expensive, and usually vigorously defended. There can be
no guarantees or assurances with respect to the outcome of a lawsuit.
Even if a lender or loan owner defendant were to lose at trial, it can appeal, and the
entire process can take years. Also, there is no statistical or other competent data
that supports the claims that a mass joinder and class action lawsuit, even if
performed by a licensed, legitimate and trained lawyer(s), will provide the
remedies that the marketers promise.
There are two other important points to be made here:
First, even assuming that the lawyers can identify fraud or other legal violations
performed by your lender in the loan origination process, your loan may be owned by an
investor – that is, someone other than your lender. The investor will most assuredly
argue that your claims against your originating lender do not apply against the investor
(the purchaser of your loan). And even if your lender still owns the loan, they are not
legally required, absent a court judgment or order, to modify your loan or to halt the
foreclosure process if you are behind in your payments. If they happen to lose the
lawsuit, they can appeal, as noted above. Also, the violations discovered may be minor
or inconsequential, which will not provide for any helpful remedies.
Second, and very importantly, loan modifications and other types of foreclosure relief are
simply not possible for every homeowner, and the “success rate” is currently very low in
California. This is where the lawsuit marketing scammers come in and try to convince
you that they offer you “a leg up”. They falsely claim or suggest that they can guarantee
to stop a foreclosure in its tracks, leave you with a home “free and clear” of any
mortgage loan(s), make lofty sounding but hollow promises, exaggerate or make bold
statements regarding their litigation successes, charge you for a retainer, and leave you
with less money.
III. THE KEY HERE IS FOR YOU TO BE ON GUARD AND CHECK THE LAWYERS OUT
(Know Who You Are or May Be Dealing With) - Do Your Own Homework (Avoid
The Traps Set by the Litigation Marketing Frauds).
Before entering into an attorney-client relationship, or paying for “legal” or litigation
services, ascertain the name of the lawyer or lawyers who will be providing the services.
Then check them out on the State Bar's website, at www.calbar.ca.gov. Make certain
that they are licensed by the State Bar of California. If they are licensed, see if they have
been disciplined. 5
Check them out through the Better Business Bureau to see if the Bureau has received
any complaints about the lawyer, law firm or marketing firm offering the services (and
remember that only lawyers can provide legal services). And please understand that this
is just another resource for you to check, as the litigation services provider might be so
new that the Better Business Bureau may have little or nothing on them (or something
positive because of insufficient public input).
Check them out through a Google or related search on the Internet. You may be
amazed at what you can and will find out doing such a search. Often consumers
who have been scammed will post their experiences, insights, and warnings long
before any criminal, civil or administrative action has been brought against the
scammers.
Also, ask them lots of specific, detailed questions about their litigation experience, clients
and successful results. For example, you should ask them how many mortgage-related
joinder or class lawsuits they have filed and handled through settlement or trial. Ask
them for pleadings they have filed and news stories about their so-called successes. Ask
them for a list of current and past “satisfied” clients. If they provide you with a list, call
those people and ask those former clients if they would use the lawyer or law firm again.
Ask the lawyers if they are class action or joinder litigation specialists and ask them what
specialist qualifications they have. Then ask what they will actually do for you (what
specific services they will be providing and for what fees and costs). Get that in writing,
and take the time to fully understand what the attorney-client contract says and what the
end result will be before proceeding with the services. Remember to always ask for and
demand copies of all documents that you sign.
IV. CONCLUSION.
Mortgage rescue frauds are extremely good at selling false hope to consumers in trouble
with regard to home loans. The scammers continue to adapt and to modify their
schemes as soon as their last ones became ineffective. Promises of successes through
mass joinder or class litigation are now being marketed.
Please be careful, do your own diligence to protect yourself, and be highly suspect if
anyone asks you for money up front before doing any service on your behalf. Most
importantly, DON’T LET FRAUDS TAKE YOUR HARD EARNED MONEY.
###########
A MESSAGE FROM MITCHELL J. STEIN, ESQ. AND MJS & ASSOCIATES
Consumer Alert! Individuals are continuing post anonymous negative information on the Internet to defame Mitchell J. Stein, Esq. and MJS & Associates. These persons are posing as clients or potential clients and the claims they are making in their posts are untrue falsehoods and fabrications that are meant to harm the public and impair the ability of Mitchell J. Stein Esq. and MJ Stein & Associates to serve current and potential clients.
The accusations these persons have posted are false statements intended to prohibit Mitchell J. Stein, Esq. from helping homeowners. Mitchell J. Stein, Esq. and MJS & Associates is not affiliated with the organizations or individuals we believe are posting these false statements in any way. These individuals and organizations are believed to include K2 Law, Matt Davis, Esq., or Mass Litigation Alliance, and their affiliates, associates and Ambassadors. It is important to note that the posts are not from clients of Mitchell J. Stein, Esq. Additional specific information from Mitchell J. Stein, Esq., regarding these false and defamatory postings can be found here: http://news.yahoo.com/s/prweb/20110317/bs_prweb/prweb8214976_3.
We welcome any legitimate comments or inquiries about Mitchell J. Stein, Esq. and MJS & Associates and will gladly and personally respond to them. If you are a client of Mitchell J. Stein, Esq. or for immediate assistance or information, please call [protected] or visit the MJS & Associates website at www.mjsteinassociates.com.
Let's face it, Damian Kutzner knows that this "Brookstone Law" place is just like EVERY other "endeavor"/scam that he (Damian Kutzner) has ever controlled. This means that he already knows that this thing called Brookstone Law/ULG gets shut down. So knowing this just like with United Law Group the money is already out the door and nesting in another company that he and another puppet attorney will roll into next. Minus, of course, Vito and his Bar License. Damian cannot by law own or operate pretty much any firm that uses telephones to solicit clients that is why they keep his name off of everything, but everyone inside Brookstone knows that he is the one running the show in this new scam operation. Long - short: the only way to get your money out of Brookstone Law or any company under Damian Kutzner's control is- NOT TO PUT IT IN!
What a load of bull Vito! You know that both you and MANY of your employees have MUCH to do with the ULG actions. Does the press announcement announcing you as an attorney representing United Law Group Clients not ring a bell? You ARE COMPLETELY FULL OF IT! Are you out of your mind! Everything you wrote it is a lie to shift the blame from the fact that you've been exposed Vito.
Vito Torchia, Jr. and Damian Kutzner ripped off thousand of homeowners through United Law Group. In their very short time at ULG they managed to log over 300 complaints with the BBB http://www.la.bbb.org/Business-Report/United-Law-Group-Inc-100076162, and get themselves shut down by the FBI http://thepatriotswar.com/index.php/fbi-raids-offices-of-united-law-group-shut-down/homeowner-resources/ . As the bankruptcy trustee involved with United Law Group bankruptcy noted: this was when they decided to open Brookstone Law.
"The Trustee is informed, believes and therefore alleges that Brookstone is a corporation which was merely created by the United Law Group’s insider and COO, Damian Kutzner. The evidence indicates Brookstone was created for, among other things, to take control of the United Law Group’s debt settlement business along with the Deposit Fund Account and the United Law Group’s Revenue Stream in furtherance of a scheme to hinder, delay and defraud the United Law Group'’s creditors."
Make no mistake about it Brookstone Law is United Law Group by another name. When the FBI shuts down Brookstone Law, just like the people from United Law Group you will not get your money back. Damian Kutzner will just roll it over into his next scam and just like Sean Rutledge Vito Torchia, Jr. will be left without a license, but such as life. THE ONLY THING IS THAT YOU CAN MAKE A DECISION TO PROTECT YOURSELF. DO NOT GET INVOLVED WITH THESE PEOPLE. THEY WILL STEAL YOUR MONEY!
A MESSAGE FROM VITO TORCHIA, JR., MANAGING ATTORNEY OF BROOKSTONE LAW PC
Please be aware that people are using anonymous negative postings on the Internet to defame Brookstone Law, PC, and its attorneys and staff. They are posing as alleged clients or alleged potential clients and these claims are wholly untrue fabrications intended only to harm the public and impair our ability to serve our current and potential clientele. They are also allege that either I or Brookstone Law is somehow responsible for the actions of attorneys that use to work for a former client called United Law Group, Inc. Neither I nor anyone who works for Brookstone Law have anything to do with those actions.
Due to the posting of Cease and Desist letters on the Philip Kramer, Esq. website, and the posting of similar warnings to consumers by attorney Mitchell J. Stein on his website, we believe individuals associated with the affiliates and Non-Attorney “Ambassadors” of Kramer & Kaslow, K2 Law, Matt Davis, Esq., or Mass Litigation Associates, are posting the defamatory comments on the Internet, where anonymous false accusations and defamatory slanders may be published without verification, proof or consequence.
The posted accusations are false statements created to try to prohibit Brookstone Law from helping homeowners. Brookstone Law is not affiliated in any way with Kramer & Kaslow, K2 Law, Matt Davis, Esq., or Mass Litigation Associates, or their affiliates, associates and Ambassadors. Please also note these posts are not from clients of Brookstone Law, PC, and in fact, positive unsolicited endorsements of our services from our clients may be found on this website by clicking on the Real Estate/EED sidebar tab on the home page. We are dedicated to fighting for our clients and their rights and adhering to the highest ethical and legal standards in our work; we welcome any legitimate comments or inquiries about Brookstone Law, PC, its attorneys, staff or services and will gladly and personally respond to them. For immediate information, please contact our Consumer Protection Department at [protected] or at ConsumerAlert@Brookstone-Law.com.
brookstone law damian
This law firm www.brookstone-law.com is engaging in deceptive business practices. Brookstone Law is a front group for Hartford Dunn and a bunch of other law firms and loan mod shops that have F rating with the BBB or have been shut down by FTC. The service is horrible. Once you sign up, you can not get people on the phone or to return your emails. They are even ignoring people whose homes are being foreclosed on. This freaks people out and worse yet could lead to them loosing their house. They change business addresses, phone numbers and attorneys to try to hide who they are. This website has lots of info on the people behind the organization: http://getoutofdebt.org/24788/brookstone-law-and-damian-kutzner-an-interesting-combination
A MESSAGE FROM BROOKSTONE LAW PC
AUTHOR: BROOKSTONE LAW - (United States of America)
SUBMITTED: Monday, August 10, 2015
BROOKSTONE LAW INTERNET POSTING STATEMENT
A Superior Court Judge decided (http://www.scribd.com/doc/52007420/Complaint-Brookstone-Law-v-Attorney-Processing-Center-APC) in favor of Brookstone Law PC in its lawsuit against Attorney Processing Center (APC), Mr. Gary DiGriolamo, Mr. Chris Yanelli, and individuals associated with the affiliates and Non-Attorney “Ambassadors” of Kramer & Kaslow, K2 Law, Matt Davis, Esq., and Mass Litigation Associates, who were involved an illegal Internet-based information campaign against Brookstone Law PC. Brookstone Law hired a renowned Forensic Internet Detective to identify IP addresses and sources of the false and defamatory postings and successfully connected them to the defendants who were the sources of the defamatory posts. The decision provides a temporary restraining order, preliminary and permanent injunctions, punitive and compensatory damages and fees against DiGirolamo, APC and its employees. Brookstone Law PC is determined to continue to protect itself and its name with legal action against those who act to harm the Brookstone brand and will aggressively defend against any campaigns of false and defamatory negative Internet postings and similar actions. – Brookstone Law, PC
---------------------------------------------------------------
All current and future Brookstone Law clients should please note that this is a Mass Tort Lawsuit. Mass Tort Lawsuits were created by the Courts to allow consumers to take on large entities at an affordable rate. Because lawsuits against large entities take millions of dollars to litigate, which the average person simply cannot afford, the Mass Tort approach gives consumers a way to hold large entities such as banks accountable for wrong doing.
It is also important to note that Mass Tort Lawsuits are not individual lawsuits and can consist of more than 4000 plaintiffs, so there is not a lot of one-on-one involvement with the litigating attorneys as in the case of an individual lawsuit. For that reason, Brookstone Law distributes updates by email and on its website and has a dedicated customer service support staff to answer questions and provide updates. In the case of Mass Tort litigation against large banks, Brookstone has made a substantial investment in creating the best legal team to fight for consumers against the large banks. It is understandable that some clients want as much communication as possible on these important matters and Brookstone Law is working constantly to ensure our clients are as up to date as possible on their cases.
Making these types of lawsuits affordable to average consumers does not cover the full cost of comprehensive and successful litigation, and Brookstone Law has spent many years and significant resources taking on the biggest banks in the US on behalf of its clients. Brookstone Law is always working to achieve the most effective communications possible with clients in these cases and achieve the results they deserve.
I entered into a mass joinder lawsuit with Brookstone in the case of Wright vs. Bank of America in early 2011, and I paid $6, 000 up front as a retainer fee, and I have been bamboozle every since. They initially stated to me that I wouldn't have my house taken from me as long as it was implicated in a law suit and that they would file a lis pendens noticed, informing the public that a lawsuit is pending, but they never did. I tried on many occasions to have the lis pendens notice executed but no one would help me and the representative I initially spoke to was, supposedly, no longer working for the company. They took my $6, 000 dollars, my house was foreclosed, but I remained a litigant in the case.
In 2013, an appeal was needed to continue with the case, and I was told that in order for me to remain in the case, I would have to enter a new agreement outlining the term and payments of the appeal matter and, I was elaborately convinced of this elaborate story on how they believed they had merits in the case and supportive case studies that could win them the case. I was convinced and entered in to the "Appeal Agreement" to pay an initial $250.00 and $60 a month until the appeal action was completed.
Well, the appeal decision was victorious and we won the appeal. However, now Brookstone Law is asking me to pay $250.00 dollars a month that I was "already" paying or I will be dropped from the case.
My problem is that I was never "already" paying Brookstone anything, beside the upfront retainer fee at the beginning ($6, 000), until the Appeal. I paid the $60 through the duration of the Appeal, so what are these people talking about, now. They are trying to squeeze another $250 a month (out of me) through the duration of the case, as it goes back to Superior Count of Orange County. Why aren't thing back to where they were before they fought the appeal. Why, now are they attempting to get more money out of me. I am being threaten to be drop from the case, after they have taken my money for almost 2 years, when I was told that it would only take 5- 8 months in the appeal action.
My take on this law firm is that they how found a cash cow and is milking it dry. It is extortion for them to threaten to drop me from a case that I paid a retainer fee to join, if I don't pay them $250 a month.
Brookstone Law on 18831 Von Karmen is a complete Scam. Once they got my father's money they didn't reply to any emails or phone calls. Their phone numbers were disconnected, then we rushed to the office just to find that there was an eviction notice at the firm from 11/13/14 and it was abandoned. My father started the process in September 2014. I wish I would have looked into them before he did everything on his own. They were supposed to do a loan modification for my father's house who's in foreclosure and they were also supposed to be filling a law suit against BOA. They did nothing but take my father's money and ran with it.
Well looky here! You are all over posting this all over the web! (lol) Just like a troll who is working!
.
I do have to admit……. the one who said "Crookstone law" did make me laugh (tongue in cheek) Even I have to admire that wit (lol)
.
My name is blah, blah, blah AND I JUST FOUGHT BACK!
.
http://www.piggybankblog.com/2011/03/12/mass-litigation-alliance-caught-red-handed/
.
John Wright
piggybankblog.com
Well looky looky -the government did it for free:
Gov't orders 14 lenders to reimburse homeowners
http://news.yahoo.com/s/ap/20110413/ap_on_bi_ge/us_foreclosure_reimbursed
Looks like Vito and Kutzner's $5, 895 a pop theft-ride is over! WOOHOO!
I am someone :)
.
My name is John Wright AND I AM FIGHTING BACK!
.
John Wright
piggybankblog.com
Receive a Mailer for a Mass Joinder case against your lender, or been solicited in any way about Mass Joinder suit versus your lender?
Please Contact the California Bar Association
"We are interested in anyone who has been solicited to join the mass joinder cases. Even better, would be people who actually paid money to these organizations." - California Bar Association
Brookstone Law Mass Joinder Complaint Hotline: [protected]
or [protected] (outside California)
http://www.calbar.ca.gov/ContactUs.aspx
http://getoutofdebt.org/26821/have-you-been-approached-for-or-paid-for-mass-joinder-mortgage-litigation-services
Scam Alert everybody - these guys are pitching everyone that they can eliminate your mortgage or reduce it to 80% of value - what a crock. Read what the California Department of Real Estate has to say about their wonderful lawsuit or go to this link: http://www.dre.ca.gov/pdf_docs/ca/ConsumeAlert_WarningreMassLitigation.pdf
California Department of Real Estate
** CONSUMER ALERT **
1
FRAUD WARNING REGARDING LAWSUIT MARKETERS REQUESTING UPFRONT
FEES FOR SO-CALLED “MASS JOINDER” OR CLASS LITIGATION PROMISING
EXTRAORDINARY HOME MORTGAGE RELIEF
By Wayne S. Bell
Chief Counsel, California Department of Real Estate
I. HOME MORTGAGE RELIEF THROUGH LITIGATION (and “Too Good to Be True”
Claims Regarding Its Use to Avoid and/or Stop Foreclosure, Obtain Loan Principal
Reduction, and to Let You Have Your Home “Free and Clear” of Any Mortgage).
This alert is written to warn consumers about marketing companies, unlicensed entities,
lawyers, and so-called attorney-backed, attorney-affiliated, and lawyer referral entities
that offer and sell false hope and request the payment of upfront fees for so-called “mass
joinder” or class litigation that will supposedly result in extraordinary home mortgage
relief.
The California Department of Real Estate (“DRE” or “Department”) previously issued a
consumer alert and fraud warning on loan modification and foreclosure rescue scams in
California. That alert was followed by warnings and alerts regarding forensic loan audit
fraud, scams in connection with short sale transactions, false and misleading
designations and claims of special expertise, certifications and credentials in connection
with home loan relief services, and other real estate and home loan relief scams.
The Department continues to administratively prosecute those who engage in such fraud
and to work in collaboration with the California State Bar, the Federal Trade
Commission, and federal, State and local criminal law enforcement authorities to bring
such frauds to justice.
On October 11, 2009, Senate Bill 94 was signed into law in California, and it became
effective that day. It prohibited any person, including real estate licensees and attorneys,
from charging, claiming, demanding, collecting or receiving an upfront fee from a
homeowner borrower in connection with a promise to modify the borrower’s residential
loan or some other form of mortgage loan forbearance.
Senate Bill 94’s prohibitions seem to have significantly impacted the rampant fraud that
was occurring and escalating with respect to the payment of upfront fees for loan
modification work.
Also, forensic loan auditors must now register with the California Department of Justice
and cannot accept payments in advance for their services under California law once a
Notice of Default has been recorded. There are certain exceptions for lawyers and real
estate brokers. 2
On January 31, 2011, an important and broad advance fee ban issued by the Federal
Trade Commission became effective and outlaws providers of mortgage assistance relief
services from requesting or collecting advance fees from a homeowner.
Discussions about Senate Bill 94, the Federal advance fee ban, and the Consumer
Alerts of the DRE, are available on the DRE’s website at www.dre.ca.gov.
Lawyer Exemption from the Federal Advance Fee Ban --
The advance fee ban issued by the Federal Trade Commission includes a narrow and
conditional carve out for attorneys.
If lawyers meet the following four conditions, they are generally exempt from the rule:
1. They are engaged in the practice of law, and mortgage assistance relief is part of
their practice.
2. They are licensed in the State where the consumer or the dwelling is located.
3. They are complying with State laws and regulations governing the “same type of
conduct the [FTC] rule requires”.
4. They place any advance fees they collect in a client trust account and comply with
State laws and regulations covering such accounts. This requires that client funds
be kept separate from the lawyers' personal and/or business funds until such time
as the funds have been earned.
It is important to note that the exemption for lawyers discussed above does not allow
lawyers to collect money upfront for loan modifications or loan forbearance services,
which advance fees are banned by the more restrictive California Senate Bill 94.
But those who continue to prey on and victimize vulnerable homeowners have not given
up. They just change their tactics and modify their sales pitches to keep taking
advantage of those who are desperate to save their homes. And some of the frauds
seeking to rip off desperate homeowners are trying to use the lawyer exemption above to collect
advance fees for mortgage assistance relief litigation.
This alert and warning is issued to call to your attention the often overblown and
exaggerated “sales pitch(es)” regarding the supposed value of questionable
“Mass Joinder” or Class Action Litigation.
Whether they call themselves Foreclosure Defense Experts, Mortgage Loan Litigators,
Living Free and Clear experts, or some other official, important or impressive sounding
title(s), individuals and companies are marketing their services in the State of California
and on the Internet. They are making a wide variety of claims and sales pitches,
and offering impressive sounding legal and litigation services, with quite
extraordinary remedies promised, with the goal of taking and getting some of your
money. 3
While there are lawyers and law firms which are legitimate and qualified to handle
complex class action or joinder litigation, you must be cautious and BEWARE. And
certainly check out the lawyers on the State Bar website and via other means, as
discussed below in Section III.
II. QUESTIONABLE AND/OR FALSE CLAIMS OF THE SO-CALLED MORTGAGE LOAN
DEFENSE OR “MASS JOINDER” AND CLASS LITIGATORS.
A. What are the Claims/Sales Pitches?
They are many and varied, and include:
1. You can join in a mass joinder or class action lawsuit already filed against your
lender and stay in your home. You can stop paying your lender.
2. The mortgage loans can be stripped entirely from your home.
3. Your payment obligation and foreclosure against your home can be stopped when
the lawsuit is filed.
4. The litigation will take the power away from your lender.
5. A jury will side with you and against your lender.
6. The lawsuit will give you the leverage you need to stay in your home.
7. The lawsuit may give you the right to rescind your home loan, or to reduce your
principal.
8. The lawsuit will help you modify your home loan. It will give you a step up in the
loan modification process.
9. The litigation will be performed through “powerful” litigation attorney
representation.
10. Litigation attorneys are “turning the tables on lenders and getting cash settlements
for homeowners”.
In one Internet advertisement, the marketing materials say, “the damages sought in your
behalf are nothing less than a full lien strip or in otherwords [sic] a free and clear house if
the bank can’t produce the documents they own the note on your home. Or at the very
least, damages could be awarded that would reduce the principal balance of the note on
your home to 80% of market value, and give you a 2% interest rate for the life of the
loan”.
B. Discussion.
Please don’t be fooled by slick come-ons by scammers who just want your money. Some
of the claims above might be true in a particular case, based on the facts and evidence
presented before a Court or a jury, or have a ring or hint of truth, but you must carefully
examine and analyze each and every one of them to determine if filing a lawsuit against
your lender or joining a class or mass joinder lawsuit will have any value for you and your
situation. Be particularly skeptical of all such claims, since agreeing to participate in 4
such litigation may require you to pay for legal or other services, often before any legal
work is performed (e.g., a significant upfront retainer fee is required).
The reality is that litigation is time-consuming (with formal discovery such as
depositions, interrogatories, requests for documents, requests for admissions,
motions, and the like), expensive, and usually vigorously defended. There can be
no guarantees or assurances with respect to the outcome of a lawsuit.
Even if a lender or loan owner defendant were to lose at trial, it can appeal, and the
entire process can take years. Also, there is no statistical or other competent data
that supports the claims that a mass joinder and class action lawsuit, even if
performed by a licensed, legitimate and trained lawyer(s), will provide the
remedies that the marketers promise.
There are two other important points to be made here:
First, even assuming that the lawyers can identify fraud or other legal violations
performed by your lender in the loan origination process, your loan may be owned by an
investor – that is, someone other than your lender. The investor will most assuredly
argue that your claims against your originating lender do not apply against the investor
(the purchaser of your loan). And even if your lender still owns the loan, they are not
legally required, absent a court judgment or order, to modify your loan or to halt the
foreclosure process if you are behind in your payments. If they happen to lose the
lawsuit, they can appeal, as noted above. Also, the violations discovered may be minor
or inconsequential, which will not provide for any helpful remedies.
Second, and very importantly, loan modifications and other types of foreclosure relief are
simply not possible for every homeowner, and the “success rate” is currently very low in
California. This is where the lawsuit marketing scammers come in and try to convince
you that they offer you “a leg up”. They falsely claim or suggest that they can guarantee
to stop a foreclosure in its tracks, leave you with a home “free and clear” of any
mortgage loan(s), make lofty sounding but hollow promises, exaggerate or make bold
statements regarding their litigation successes, charge you for a retainer, and leave you
with less money.
III. THE KEY HERE IS FOR YOU TO BE ON GUARD AND CHECK THE LAWYERS OUT
(Know Who You Are or May Be Dealing With) - Do Your Own Homework (Avoid
The Traps Set by the Litigation Marketing Frauds).
Before entering into an attorney-client relationship, or paying for “legal” or litigation
services, ascertain the name of the lawyer or lawyers who will be providing the services.
Then check them out on the State Bar's website, at www.calbar.ca.gov. Make certain
that they are licensed by the State Bar of California. If they are licensed, see if they have
been disciplined. 5
Check them out through the Better Business Bureau to see if the Bureau has received
any complaints about the lawyer, law firm or marketing firm offering the services (and
remember that only lawyers can provide legal services). And please understand that this
is just another resource for you to check, as the litigation services provider might be so
new that the Better Business Bureau may have little or nothing on them (or something
positive because of insufficient public input).
Check them out through a Google or related search on the Internet. You may be
amazed at what you can and will find out doing such a search. Often consumers
who have been scammed will post their experiences, insights, and warnings long
before any criminal, civil or administrative action has been brought against the
scammers.
Also, ask them lots of specific, detailed questions about their litigation experience, clients
and successful results. For example, you should ask them how many mortgage-related
joinder or class lawsuits they have filed and handled through settlement or trial. Ask
them for pleadings they have filed and news stories about their so-called successes. Ask
them for a list of current and past “satisfied” clients. If they provide you with a list, call
those people and ask those former clients if they would use the lawyer or law firm again.
Ask the lawyers if they are class action or joinder litigation specialists and ask them what
specialist qualifications they have. Then ask what they will actually do for you (what
specific services they will be providing and for what fees and costs). Get that in writing,
and take the time to fully understand what the attorney-client contract says and what the
end result will be before proceeding with the services. Remember to always ask for and
demand copies of all documents that you sign.
IV. CONCLUSION.
Mortgage rescue frauds are extremely good at selling false hope to consumers in trouble
with regard to home loans. The scammers continue to adapt and to modify their
schemes as soon as their last ones became ineffective. Promises of successes through
mass joinder or class litigation are now being marketed.
Please be careful, do your own diligence to protect yourself, and be highly suspect if
anyone asks you for money up front before doing any service on your behalf. Most
importantly, DON’T LET FRAUDS TAKE YOUR HARD EARNED MONEY.
Vito's back for more bull! Funny that he doesn't get it. But, I guess most puppets wouldn't. Just ask Mr. Sean Rutledge. Poor Sean if only he didn't have Damian Kutzner as his puppet "master" maybe he would have had stood a chance. Instead he is just more wreckage in the Damian Kutzner wake. Won't be long before Vito is along side him scrambling for a buoy. Kicking and flailing until well, you the people know how this one goes. This is why you should not to drugs Vito. Everyone else knows what's coming but you, sad.
A MESSAGE FROM VITO TORCHIA, JR. MANAGING ATTORNEY, BROOKSTONE LAW PC
Please be aware that people continue to use anonymous negative postings on the Internet to defame Brookstone Law, PC, and its attorneys and staff. They are posing as alleged clients or alleged potential clients and these claims are wholly untrue fabrications intended only to harm the public and impair our ability to serve our current and potential clientele.
The posted accusations are false statements created to try to prohibit Brookstone Law from helping homeowners. Brookstone Law is not affiliated in any way with the organizations or individuals we believe are posting these false statements, including K2 Law, Matt Davis, Esq., or Mass Litigation Alliance, and their affiliates, associates and Ambassadors. Please also note these posts are not from clients of Brookstone Law, PC. In fact, positive unsolicited endorsements of our services from Brookstone Law PC clients may be found on our website at www.brookstone-law.com. Information from Brookstone Law regarding these false and defamatory postings is here: http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2011/03/11/prweb8200951.DTL. If you are a client of Brookstone Law, PC, please contact us with any questions at the phone number or email address below.
We welcome any legitimate comments or inquiries about Brookstone Law, PC, its attorneys, staff or services and will gladly and personally respond to them. For immediate assistance or information, please contact our Consumer Protection Department at [protected] or at ConsumerAlert@Brookstone-Law.com.
scam!!!
Its all the same thing. Damian Kutzner started United Law Group about two years ago with his puppet attorney Sean Rutledge. Damian Kutzner has a 6 million dollar judgment against him from the FTC (http://www.ftc.gov/opa/2009/07/globalmgt.shtm) so his name legally can not be on any business. After United Law Group was raided by the FBI for not servicing clients Damian filed for Bankruptcy and evacuated the building. He was then caught stealing from the building he was forced to leave. Damian is now running another puppet attorney who used to work for United Law Group Vito Torchia Jr! You would think he would be smarter than to see what happened to Sean Rutledge and Robert Buscho and Christian M Dillon. But as its happened for thousands of years history does repeat itself.
Brookstone Law (http://www.brookstone-law.com) which is really United Law Group, with all the same people is located at 4000 MacArthur Blvd., Suite 1110 Newport Beach, CA 92660. If you have been scammed by United Law Group! Your money, file and mastermind behind the scamming is located at this address. Go inside and ask for DAMIAN KUTZNER he will be there as well as his other company Serious Pimp. I wonder if SNOOP DOGG and MIKE the "Situation" know that they are dealing with a criminal who has ruined thousands of lives.
Check out this link for proof, Its all here: http://getoutofdebt.org/24788/brookstone-law-and-damian-kutzner-an-interesting-combination
The complaint has been investigated and resolved to the customer’s satisfaction.
I bought the $50 BBQ light. It stopped working shortly after a year. Not only would they not stand behind it, they offered no help at all in correcting the problem. When I wrote a product review that represented the poor quality, they would not publish it. DO not trust this company. Do not buy anything from them.
all their products come with a 1yr warranty... if its over that.. sorry, theres nothing they can do after that point. No product lasts a lifetime, hate to break it to u. Brookstone is a great store. good products.
They do have interest in Brookstone Law. They are just giving the two drug addicts Vito and Kutzner enough rope to hand themselves.
Dear "Moral Majority:"
.
I do not think that I claimed anywhere here that I know more than the employees does, but I am guessing that I might know more than they do, if they say they know more than I did about some issue that I happened to have been there myself to witness was a lie. Nevertheless, my claim is that they are disgruntled employees, who once again, do not give their real names to validate they are not paid competitors.
.
As far as the Cal Bar thing: I am not sure that I have to comment on it, as it has nothing to do with me. However, I do notice the Bar Association is not going after Vito for these crimes you are mentioning, such as implying that they are “stealing” people’s money (reaching), which might imply that they are not doing anything wrong. If you have evidence that they are stealing, I would sugget calling the police, instead of calling me. I do not know what to tell you, other than report it to the Bar Associtation, if you feel the way you do. Why are you reporting it to me? I am a client! (lol) With that beings said, if they are written up for being in violation, I will withdraw from having them represent me. How’s that? Fair enough?
.
In regards to the person who claims to know Damian personally: Well, I do not know him personally, but if you have evidence that he is doing something illegal, or is being paid, after he is not to be………then you need to produce this evidence to the authorities. However, please feel free to contact me through my email at: piggybankblog@earthlink.net, if you feel that there is something that I should know. Until then, it is just another hit and run statement, which is being done with a screen name. I mean, if you are going to go as far as saying you know him personally, I would venture to think you have an obligation of proving it, before we can believe anything you say.
.
I will give you the benefit of the doubt though: piggybankblog@earthlink.net
.
I am ears (wink).
.
My name is John Wright AND I AM FIGHTING BACK!
.
John Wright
Piggybankblog.com
I do not know who either of u are but I do know Damian Kutzner... Very well... And I must say I am ashamed to know him. He is bad and does bad business and in fact, rips off thousands of people. It is true that nothing is in his name because he cannot have anything in his name. For everyone out there... D not do business with any business associated with Damian Kutzner... U will regret it!
Well looky looky -the government did it fro free:
Gov't orders 14 lenders to reimburse homeowners
http://news.yahoo.com/s/ap/20110413/ap_on_bi_ge/us_foreclosure_reimbursed
Looks like Vito and Kutzner's $5, 895 a pop theft-ride is over! WOOHOO!
Mr. Wright - you did not address the issues raised about the DRE or Cal Bar.
You have a history of promoting organizations that steal money from innocent homeowners. You have no common sense whatsoever and everything you write is trash. If you had any moral compass or good judgment at all you would be ashamed of the fact that you promote companies and people like Damian Kutzner that steal money from innocent homeowners. Instead you just keep right on course assisting organizations like Brookstone Law of stealing money from people. Funny that you indicate that you know more about this company then employees and former employees. How is that possible?
Well, I figured your name would be blah, blah, blah. This is because you do not seem to have the balls to use your real name, as well as everything you said was a repeat of your long boring blah, blah blah too. I understand that not using your real name makes it easy for you to make your hit and run statements, but I think it is cowardly. However, I have seen these kind hit and run statements before, and that is why I know that you work for another firm. At least I hope you do, simply because it would make you odd to be making these kinds of statements all over the web, while just having nothing better to do. Please tell me you are working.
.
You seem to know an awful lot about even the private lives about the people behind Brookstone, which sounds like you know them better than me. I mean, who would know this about them? Next thing you are going to say………. is that I am in the Hells Angels (lol). Who cares! I do not care.
.
Nevertheless, I did not realize that you expect me to respond to these claims made about Broostone, as if I owe you something. This is because contrary to your delusion. You see, I might suggest that someone should eat a hamburger at a Burger King, but I did not realize that I was expected to answer questions about Burger King, if they should hang out with the Hells Angels. If you are afraid of them, I suggest calling the police, instead of calling me. This is because I do not care.
.
With that being said, I will give you a response. Who cares!? I do not care, simply because I have heard that the very well respected Mr. Spivak has said that it is legal. In fact, I have heard there are several advocates, who are against Brookstone that say that it is legal. So I do not know what to tell you, but maybe you should call 911 or something, because if you think I do something wrong, simply because they charge…………you are delusional. Call the police………..I do not know what to tell you. I am guessing that you do not call the police because they will not do anything, because it is legal.
.
I have companies, in which I pay retainers all the time. So I am guessing I should call the Bar about them too. In fact, we should just arrest every attorney in the United States that charges a retainer. See how silly that sounds?
.
As far as you thinking I am working……..well stop thinking so much. This is because I do not get paid, but I bet you that you do. I also bet you that I have probably even helped more people than you, so maybe I should be offended that you said it to me now (lol). Nevertheless, I have never received any gifts or money. I never received any offer or promises of such either. You see, I am in a lawsuit, which is why I am here. This is why I protect the firm representing me, simply because I will not let people like you slander their name, which is a threat to my lawsuit. In fact, I have firsthand knowledge that people are paid to come out here and say this stuff about Brookstone. This is why I am going to post this link, but every time you say something I do not like:
.
http://www.piggybankblog.com/2011/03/12/mass-litigation-alliance-caught-red-handed/
.
So tell me, how do you know they have hells angel’s friends? How do you think this “inside” information is helping people? Sounds like gossip to me. Sounds a little disgruntled and personal. However, that is because you are working.
.
Now, I know the fact that I do not get paid does not fit in your delusional crack pipe, but it is the truth. Either way, I probably do not care what you think
.
Do you like apples? What do you think of them apples?
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My name is blah, blah blah AND I JUST FOUGHT BACK!
.
John Wright
Piggybankblog.com
P.S.
I think it is you that is "working", not the individuals trying to help other people from getting scammed.
John Wrong,
You never confront the real issues. Please let us know WHY the California Bar and California Department of Real Estate are so vehemently against your position on this.
ATTN:
Receive a Mailer for a Mass Joinder case against your lender, or been solicited in any way about Mass Joinder suit versus your lender?
Please Contact the California Bar Association
"We are interested in anyone who has been solicited to join the mass joinder cases. Even better, would be people who actually paid money to these organizations." - California Bar Association
Brookstone Law Mass Joinder Complaint Hotline: [protected]
or [protected] (outside California)
http://www.calbar.ca.gov/ContactUs.aspx
http://getoutofdebt.org/26821/have-you-been-approached-for-or-paid-for-mass-joinder-mortgage-litigation-services
The Department of Real Estate has also released a warning in regards to the matter:
http://www.dre.ca.gov/pdf_docs/ca/ConsumeAlert_WarningreMassLitigation.pdf
So why do you think they are son concerned about what is happening at Brookstone Law? What say you to their concern? I think it is because they are EXTREMELY CONFIDENT that this is a BIG RIP OFF! I also think that it is OK for others to help others, and that includes others helping others from getting ripped off. Quite possibly some of the people that have been looking out for others are somewhat concerned about the connections that Damian Kutzner and Vito have to Hells Angels and hitmen. So maybe just maybe in light of who they are referencing they are making a very wise decision for themselves and their families.
Anyway John I think you are a crock. Innocent homeowners are getting scammed and that is not right. I also think you should change your signature to:
My name is Blah Blah AND I AM BLAH BLAH BLAH!
It would be much more appropriate.
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