FAIR DEBT COLLECTION PRACTICES ACT
Do you want to file a lawsuit against someone and seek monetary damages?
Have you been sued and need legal representation? I represent individuals and businesses in civil litigation cases.
I've obtained six figure settlements for clients. I also have experience litigating class actions.
PERSONAL INJURY AND MASS TORTS
OHIO CONSUMER SALES PRACTICES ACT
Homeowners now have a legal right to sue for damages for conduct committed by mortgage servicers that occurred after January 10, 2014. Did you apply for a loan modification? Was your application properly reviewed? Were you at least 120 days behind when a foreclosure complaint was filed? Did the bank file a motion for default judgment or summary judgment while your loan modification application was pending? Did the bank try to move for sheriff's sale while your loan modification application was pending? Call me to discuss whether any of the bank's conduct violated the federal regulations.
TELEPHONE CONSUMER PROTECTION ACT
Law Office of Grace M. Doberdruk
REAL ESTATE SETTLEMENT PROCEDURES ACT
A debt collector may not use any false, deceptive, or misleading representation in the attempt to collect a debt. A foreclosure complaint may contain false representations that would permit a homeowner to file a counterclaim for violations of the Fair Debt Collection Practices Act. That's why it's important to have your foreclosure complaint reviewed by an attorney. A debt collector cannot call you at unusual times, contact you if you are represented by an attorney or call your place of employment. Contact me if you think a debt collector has violated your rights.
Suppliers, often sellers, cannot make false representations about their products or services. It is unfair and deceptive for a supplier to claim sponsorship, approval, performance characteristics, and benefits that the supplier does not have. A supplier cannot represent that repair is needed if it is not needed. A supplier cannot represent that something is new or unused if it is not. If the statute has been violated you may have a claim for damages.
CIVIL LITIGATION AND CLASS ACTIONS
Have you received a phone call that used an automatic telephone dialing system or an artificial or prerecorded voice? Do you have a copy of a voicemail with an artificial or prerecorded voice on cell phone? Was a phone call made by an autodialer to your residential landline telephone without your express writtten consent? If so, call me about this because you could have a claim for damages under the Telephone Consumer Protection Act.
Injuries can be life changing events. If you were injured in a car accident, a victim of medical malpractice, hurt by a defective product, or experienced negative side effects from a pharmaceutical drug you may be entitled to compensation. I am interested in litigating these cases with co-counsel.
When you have been served with a Complaint for Foreclosure you have 28 days to respond. You should contact an experienced foreclosure defense attorney immediately. The quality of the Answer that you file in Court will impact the rest of the litigation. Sometimes homeowners think just filing an Answer is enough, but all that does is prevent a default judgment. The bank will file a motion for summary judgment where you will likely lose your home. To avoid a judgment you must first be certain that you do not waive any defenses in your Answer and that you do not make admissions by failing to file a proper Answer. A skilled foreclosure defense attorney can draft an Answer with affirmative defenses and help you identify any counterclaims that you may have against the bank. Sometimes foreclosure cases get scheduled for mediation. I am experienced handling foreclosure mediations, especially mediations in Cuyahoga County. If your case has already been scheduled for mediation you can contact me about mediation services where I would negotiate with the bank representatives for a loan modification. During the foreclosure written discovery questions and depositions can be used to get information that can get your case past the bank's motion for summary judgment and to trial. It has always been my opinion that good litigation leads to good modification offers. Not everyone can qualify for a loan modification so for those homeowners it is even more important to have strong defenses in their Answer and excellent discovery. You need strong foreclosure defense strategies to help you avoid the home foreclosure process.
Case results depend on many factors so the successful result, interest rate reduction, principal reduction, or monetary settlement that is obtained for one client may not be obtained for all clients.
Copyright © Grace Doberdruk. All Rights Reserved
One Chagrin Highlands