STACY HILL, individually and on behalf of all
others similarly situated,
Plaintiff,
v.
FISHER AND SHAPIRO, LLC and DOES 1-20,
Defendants.
Some excerpts from the complaint…
INTRODUCTION
Plaintiff seeks relief for herself and other home loan borrowers who are victims of false, deceptive and unfair foreclosure litigation tactics employed by the law firm of Fisher and Shapiro, LLC (“F&S”) and Doe Defendants.
FACTUAL ALLEGATIONS
F&S presented said Affidavit to the Cook County foreclosure court on June 24, 2010, to obtain a foreclosure judgment in Plaintiff’s case, and the court entered such judgment against Plaintiff on that date; but the Affidavit contains false, altered specifications of the amount
of insurance costs, preservation costs, inspection costs, and/or taxes incurred in connection with Plaintiff’s loan/mortgage/property, which Defendants asserted to be due and owing by Plaintiff. Yet, pursuant to and consistent with the Affidavit, F&S obtained judgment against Plaintiff.
Such alteration or forgery of affidavits, which are instruments employed for debt collection, are prohibited by applicable law.
The false affidavits have resulted in improper judgments, improper reporting of debts to credit bureaus, and court-sanctioned debts for improper or unlawful amounts.
The conduct of F&S and Doe Defendants was willful and demonstrates reckless disregard for Plaintiff and the Class.
FRAUDULENT CONCEALMENT AND EQUITABLE TOLLING
F&S fraudulently concealed and misrepresented material facts in connection with collecting on the asserted debts owed by Plaintiff and the Class, as explained more fully herein.
F&S fraudulently and actively concealed, and until issuance of the Order on March 2, 2011, the true nature of the facts attested to by F&S in the subject affidavits – e.g. specified damages and dollar amounts, including inter alia debt amounts purportedly owed by Plaintiff and the Class for inspections, preservation, appraisal, insurance, taxes and attorneys’ fees. See ¶¶ 11-16.
The F&S affidavits contain false, altered information including additions of insurance costs, preservation costs, inspection costs, and/or taxes incurred on the property. The affidavit used in Plaintiff’s default judgment and foreclosure judgment was one of such affidavits listed in the Order entered on March 2, 2011.
COUNT I
VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT
COUNT II
VIOLATIONS OF THE ILLINOIS CONSUMER FRAUD
AND DECEPTIVE BUSINESS PRACTICES ACT
(UNFAIR AND DECEPTIVE CONDUCT)
COUNT III
DECLARATORY JUDGMENT INCLUDING
CORRESPONDING INJUNCTIVE RELIEF
28 U.S.C. §§ 2201, 2202
Full Complaint below…
~
4closureFraud.org
h/t Deontos
~
Stacy Hill v. Fisher and Shapiro, LLC
These idiots have filed an eviction proceeding against me – they got a foreclosure judgment on a similar address, different person, different PIN – someone hand wrote the 7 digits of my PIN number under the last digits of the PIN that is printed on the foreclosure paperwork and have filed based on that deliberate and willful act. My name doesn’t appear anywhere on the foreclosure paperwork. My name is the only name on property AND has been the only name since I purchased it almost 8 years ago.
My mortgage is current, NEVER been late with a payment.
I was served the eviction papers at 9:30pm the night before I was to go on vacation (I was packing). Needless to say I cancelled the trip and spent a good part of the next day contacting an attorney and getting copies of various documents.
It’s literally a nightmare. How a court can issue a notice of eviction based on altered court documents is beyond alarming.
Well of course they are making it up. Its just a matter of how audacious this power grab will be.
I had my condo forclosed on because the bank told me if I wanted a lower intrest rate the only way I could get a loan was to go into default then I would be elegable for a low intrest government loan. I argued with bank saying I have great credit why should I have to do that and once again they told me over and over the only way to get help is to be late 3 months payments. When I did this they went right into foreclosure. This is after I paid 3 years intrest only payments and they knew if I did what they told me to do I would get so far behind I could not catch up. I am not a banker but when Wells Fargo who you send in your payments and control your complete billing you believe them. I was forclosed in june of 2010 where as the bank who did not own the loan but was only handling the billing bought my $504.00 condo for $148,000.00 at auction. Is that not a conflict of intrest? I have nothing left and would like to know of any civil law suits out there besides the ones the attourny generals of the states are doing? I also had to pay the taxes on being ripped off.
I want to get in on this. They did the same thing to me.