STACY HILL, individually and on behalf of all
others similarly situated,
FISHER AND SHAPIRO, LLC and DOES 1-20,
Some excerpts from the complaint…
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.
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.
VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT
VIOLATIONS OF THE ILLINOIS CONSUMER FRAUD
AND DECEPTIVE BUSINESS PRACTICES ACT
(UNFAIR AND DECEPTIVE CONDUCT)
DECLARATORY JUDGMENT INCLUDING
CORRESPONDING INJUNCTIVE RELIEF
28 U.S.C. §§ 2201, 2202
Full Complaint below…