NJ | Appeals Court Reinstates ‘Fair Debt’ Suit Accusing Foreclosure Mill of Attempted Fee Gouging

Appeals Court Reinstates ‘Fair Debt’ Suit Accusing Foreclosure Mill Of Attempted Fee Gouging In Mortgage Payoff Letters Sent To Homeowner’s Attorney

A Federal Court of Appeals just reinstated a lawsuit filed by a New Jersey homeowner seeking class action status that accuses the law firm representing a foreclosing lender of sending the homeowner’s attorney mortgage payoff letters that included charges that, according to the lawsuit, were unauthorized by the loan agreement and were otherwise not allowed by law.

In reinstating the lawsuit, the appeals court referred to a ruling it issued last month in which it addressed this same question of law. In Allen v. LaSalle Bank, N.A., ___ F.3d ____, No. 09-1466, 2011 WL 94420 (3d Cir. Jan 12, 2011), it decided that a communication from a debt collector to a consumer’s attorney is actionable under § 1692f(1) of the Fair Debt Collection Practices Act (“FDCPA”). One of the defendants in the Allen case is the same foreclosure mill targeted in the current case (Fein, Such, Kahn, And Shepard, P.C.).

Full opinion below…




Michael Ogbin; Lynn Ogbin, v. Fein, Such, Kahn and Shepard, P.C.

3 Responses to “NJ | Appeals Court Reinstates ‘Fair Debt’ Suit Accusing Foreclosure Mill of Attempted Fee Gouging”
  1. Henri Jordan says:

    This charge I commit to you, sonimothy, according to the prophecies previously made concerning you, that my them you may wage the good warfare, I Timothy 1:18 Ocwen asking for a payoff of $1600 dollars to be paid in 30 days instead of $28,000. I had paid $7000 to make it $21,000 then they added $7000 for reinstatement of the loan to be $28000 if I don’t pay the $1600 within the due date. Thank Jesus for this opportunity but I hope to get the loan to pay the $1600.

  2. Eugene Villarreal says:

    New Jerseyans, IT”S THE JUDGES !
    The bank’s attorneys (foreclosure mills) only present the so-called evidence in court, but it’s the judges who allow it to be admitted knowing full well that most of the time they (banks) are only the pretender/lenders. This state and the other state’s Attorney Generals are not going to fight for your rights such as DUE PROCESS. They are just blowing smoke up your ***. If they wanted to fight for your rights and DUE PROCESS, the would would do something like there trying to do in Arizona. You the homeowner must know who the real owner(if there’s one) of your mortgage/note. If the New Jersey Supreme Court Justice really wanted to reassert integrity in the court sysyem, all he had to do was to enforce the written laws. But nooooooooooo, he wants to shift the perjury from the ROBO-SIGNERS to the FORECLOSURE MILLS attorneys. With the few exceptions, judges think their sanctimonious courts are their own little fiefdoms where they rule for their own and banks benefit. Your paperwork, your evidence and your Motions don’t mean Jack to them. While prominent attorneys and foreclosure advocates have been tiptoeing around judges, some of them are beginniing to come around to the fact that ” IT”S THE JUDGES ” who need to be taken out to the woodshed for some LEARNING. Some have even suggested that we need to start SUING THEM.
    March 15 (?) would be a good day to let the courts in New Jersey know we are sick and tired of their continuing fraudulent foreclosures and rulings.

  3. l vent says:

    That is an interesting pic above the post. Maybe the judges are finally starting to “get it”. This evil plan is meant to destroy America and even the Judges are not safe against the elite financial terrorist’s and their sick agenda.. If the fraudclosures continue to blight our communities and the politicians who are corrupt to their core, continue the class warfare assault on the American people to cover-up for the crimes of the elite, the country will come apart at the seams. No one is safe, not the police, the sheriffs dept’s, the judges or the corrupt attorneys. Everyone is going to be affected sooner or later. A country that is built on a fraudulent business model that is engulfed by criminals and is being undermined by rampant corruption cannot survive. The free will of the people will prevail because that is God’s will. The American people will let no man put us under. This is our country, not theirs. We will not be trampled under foot of this Imperialist, Oligarchy dictatorship that wants to destroy America. National Sovereignty will prevail because of the free will of the American people. God Bless America.

Leave a Reply