North Port pair fights fees in foreclosure skirmish

By Todd Ruger

SARASOTA COUNTY – A North Port couple says a Florida law firm charged them unwarranted and excessive fees as they tried to save their home from foreclosure, and their attorneys believe the firm did it to hundreds of other troubled homeowners, too.

Last week, David and Kayleen Keyser filed a complaint in their foreclosure case against Kahane and Associates law firm in Plantation, the latest in a string of class actions from Gulfcoast Legal Services in Sarasota that target unfair collection practices in foreclosures.

On Wednesday, Kahane abruptly dropped the foreclosure case against the Keysers, which canceled out the Keysers complaint. Gulfcoast attorneys say it was on the eve of the lender having to produce the underlying invoices for the fees.

That means the truck driver and grocery store manager can remain in their house where they raise three children without paying the mortgage, for now. The lender or firm would have to pay court costs to file foreclosure again.

“I don’t expect the foreclosure suit to be refiled anytime soon,” Gulfcoast attorney Elizabeth Boyle said.

But it does not mean the Keysers will stop pursuing their class-action suit. Gulfcoast plans to refile the lawsuit as early as today in a new case, trying to discover if hundreds of other homeowners faced the same inflated and unsubstantiated fees from Kahane since 2006.

In a written statement, Robert Kahane, the managing shareholder of the Kahane law firm, said the allegations are absolutely false.

“It’s an utterly reckless act for them to make such allegations about our charges without even asking for a breakdown of those charges or any information or documentation supporting them,” Kahane said.

Um, so you are complaining that these “Predatory Borrowers” didn’t ask for a breakdown of the charges and then your firm has the nerve to dismiss the case “on the eve of the lender having to produce the underlying invoices for the fees?”

Isn’t that a bit hypocritical?

So much much for vindicating yourself, right?

If it was “absolutely false” and “utterly reckless” then why not produce the invoice to the court and have it on record and prove your innocence?

No, instead, just like every other time a bank’s attorney gets accused of some wrongdoing, the case gets dismissed to bury the allegations…

I wouldn’t expect anything less…

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