Hundreds of California lawyers investigated over alleged loan modification abuses

It would appear that a lot of bad practices went on, but San Diego discipline-defense attorney David Cameron Carr at his nicely named blog KafkaEsq cautions against rushing to judgment.

5 Comments

  • If all he can say is that there are probably at least as many honest practitioners in this field as there are dishonest ones, he’s got an uphill battle.

  • KafkaEsq may has something special to say, but the typeface used makes reading it too difficult to take the time. Sorry…..

  • I can’t help but feel any lawyer who charges for a loan mod is cheating the client anyway. Contrary to what they tell the homeowners the mod is not something that can be negotiated, its based on the financial information provided by the homeowner and what the investor requirements are.

    Not withstanding the fact that if they can’t pay their mortgage, how can they afford to pay a lawyer $2-3000 for something that’s in reality a free service.

  • Isn’t every legal service technically “free”? You could file your own bankruptcy and not pay an attorney, get the filing fees waived and it would be “free”? It’s “free” to negotitate your own accident settlement. Heck, why not download your own “appendectomy kit” and you wouldn’t have to pay the doctor. It’s plain silly to outlaw paid legal services. Cal. St. Atty general Brown wanted to prosecute companies that charged to help people file property assessment appeals. Really?? Good luck fighting your local tax assessor by yourself. I love the idea that the Govt. wants to restrict the public’s access to legal counsel. How better for the Govt. to roll over them.

  • Exactly right, BKLawyer. Sorry, KB, but I disagree whole-heartedly. First, government programs have done nothing. HUD? Forget it….they tell people to eat less or go get a better job. HOPE hotline? No, hopeLESS hotline. Ask to see the numbers on these services….where are they (barring HAMP which you can find on the Treasury website)?
    Legitimate modifications ARE negotiations because one must know not only the servicer guidelines but also the investor guidelines in order to know how far to push or if they even offer modification programs. M0st people hear “no” and throw up their hands. Consumers can’t work with General Counsels to push through a mod by arguing ROI/NPV and use knowledge based on MBS and pooling servicing agreements. How may consumers do you know that get REO’s reversed? It takes some attorneys a mere phone call to get them done. Yes, some attorneys are bad apples but that’s no different than other fields. Consumers have a recourse against attorneys–it’s the state bar. Let the FTC focus on the companies who are truly out there ripping people off rather than the attorneys that are barely breaking even and working unheard of hours, just in an effort to help people.