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Another Mortgage Company Abusing Our Deployed Military

Unfortunately, our office has had to file yet another lawsuit over a mortgage company abusing deployed military members in violation of the California Military and Veterans’ Code 800-811.
In this case (review the complaint HERE), Freedom Mortgage Corporation actually informed the clients in writing that their principal and interest were deferred pursuant to California law.
While deployed, the military members continued to pay the principal and escrow each month, even though only the escrow was required. However, each month, Freedom Mortgage persisted in sending collection statements demanding that the military family pay the full amount of the accumulated principal plus interest that is to be deferred and claimed that by the first of each month the entirety of the deferred amount was due. The amounts demanded also did not account for the fact that the principal was being paid each month.

Furthermore, Freedom Mortgage began falsely reporting to the credit reporting agencies that the military family was more than 180 days past due on their mortgage payments in an amount in excess of $28,000.00, even though the amounts demanded by Freedom Mortgage on the collection statements was under $20,000.00. It is still unknown as to how Freedom Mortgage believed more than $28,000.00 was owed in order to justify such reporting to the credit reporting agencies. However, no matter how you look at it, such reporting is false and unlawful because California law specifically prohibits deferred payments from being the source of negative credit reporting during the period of deployment.

Once the deferment period expired, Freedom Mortgage continued to persist that the entire amount of what they calculated to be the deferred payments was due (which still did not account for any of the principal payments made during deployment) and now started to add late fees and penalties and also served as a source of foreclosure threats.
Promptly upon expiration of the deferment period, Freedom Mortgage sent correspondence falsely claiming that the military family had not paid any principal or interest for more than 6 months (which is false not only because they had paid principal the entire time but also because such payments were deferred), and used this as a basis to insist upon the entire amount being paid by the first of the next month or else foreclosure proceedings might occur.

Not taking these false and unlawful threats laying down, the military family decided to retain our firm due to our experience in fighting back on such violations. We promptly filed a lawsuit and a motion for preliminary injunction to seek a court order for Freedom Mortgage to stop its abusive tactics.
If you are someone you know is suffering such abuses, or is about to be deployed, do not hesitate to contact us for a free and confidential consultation to discuss your rights and to discuss how you can be protected!

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Raceway Nissan Alleged to Commit Fraudulent Transmission and Air Conditioning Unit Repairs

A lawsuit filed on August 2, 2019 by two former auto repair technicians of Raceway Nissan in Riverside alleges that they were subject to retaliation and termination for refusing to engage in fraudulent transmission and A/C unit repairs, among other reasons.

The lawsuit alleges that certain supervisors and managers of Raceway Nissan force their technicians to put metal shavings into certain transmissions so that they can read “failure”, so that the technicians can then obtain customer approval for repairing the transmissions even though they truly do not need to be repaired.

The lawsuit also alleges that technicians have also been told by their supervisors and managers to hook the A/C testing machine up to an old car in the back so that the A/C tests will show that the A/C units need to be repaired, so that the technicians can then obtain customer approval for those repairs.

A copy of the lawsuit can be read by clicking HERE. If you or your family members have had a repair done by Raceway Nissan to either the transmission or A/C unit, please do not hesitate to contact us to discuss the circumstances further.

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Welk Resort Knowingly Damaging Its Customers’ Credit Reports

A lawsuit filed on August 5, 2019 alleges that Welk Resort Group has still been damaging its customers’ credit reports with knowingly false information.  A copy of the Complaint can be read by clicking here.

In essence, the lawsuit alleges that, after the customer fell behind on his payments, Welk delivered to him a letter that offered to retake the property in exchange for Welk waiving any and all rights to pursue him for any deficiency on what he may owe on the account and also in exchange for Welk considering the account as “fully satisfied”.

The offered conveyed by Welk in writing offered for the customer to simply allow Welk to retake the property within 20 days in order to accept the offer.  Despite the customer doing exactly what was required of him to accept the offer, Welk proceeded to furnish knowingly false information to the credit reporting agencies that he still owed a significant balance.

However, the terms of the offer drafted by Welk should have resulted in Welk reporting that the account was closed and that the customer owed a $0.00 balance on the account.

When the customer discovered that this false reporting of an outstanding balance was causing him harm in his attempts to apply for a new mortgage, he attempted to obtain Welk’s agreement to fix the problem informally.  In response, Welk attempted to bilk him out of more than $13,000.00 by conveying to him a settlement agreement that, if signed, would have required the customer to pay that sum of money to Welk in a new contract.

However, the undeniable fact that Welk had already waived any such money and released him from any obligation to owe any such money meant the customer did not owe this money and it therefore amounted to Welk attempting to collect an unlawful amount of money from him that he did not owe!

If you or a loved one has faced similar problems with Welk, please do not hesitate to contact us for a free and confidential consultation to discuss your rights!