Tonight! THE ADMINISTRATIVE STRATEGY — Pushing Back on Servicers and Banks

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Remember in the movie “The Firm” with Tom Cruise when he said “it’s not sexy but it has teeth”? That is administrative law. combined with civil law and litigation. The character Cruise played was talking about mail fraud. It worked. A well-documented complaint to the U.S. Postal Inspector could result in administrative action and other government action against servicers or banks. Playing your administrative cards right you could end up with a mail fraud case to be brought against the servicers and pretender lenders, but you will almost certainly end up with more and better defined defenses than you otherwise would have.

In 42 years of practicing trial law, I practiced in admin law for many years. And believe me it has teeth. Ask any lawyer or doctor who has a complaint to which they must respond. Government agencies are scary. That is why consumers should use some of the easier processes available. You get to smoke out the servicers and pretenders “on the cheap.”

In administrative procedures and proceedings, people save or lose business and professional licenses, get fined, pay restitution and all sorts of things. And administrative decisions are required to be given deference in courts of law. It’s far less expensive than litigation and could greatly reduce the cost of litigation so why wouldn’t you use the administrative strategy first?

The error I made was in thinking that people knew this. But that isn’t so. Few people send a QWR under RESPA or a DVL under FDCPA. And among those who do, about 10% know what they’re doing. And out of that 10% only 1 % follow up with complaints to the CFPB or state AG. And out of that 1% only half follow up with additional complaints about the responses. And then only half those use the responses in court, even though they provide the foundation for arguing inconsistent statements, fabricated documents etc. — i.e., proven winning strategies.

So this is sort of an advertisement but also a push to lawyers and pro se litigants who have consistently overlooked this set of tools. Do it right and you won’t be sorry. We fulfill the orders in the order in which they arrive. Just be aware that there will be a slight delay for any orders received after April 28 until May 13.

The usual rules apply. get a lawyer. Don’t make any decision based upon this content without consulting local counsel.

5 Responses

  1. NJ seems to be good for allowing Discovery.

  2. And to Bob G — everyone is being denied discovery. Few can get.

  3. The settlements precluded investigation. Done by order, and without any concern for consequence. Perhaps, the only answer is what Neil suggests.

  4. meant to say in city court.

  5. This is good advice. Denied discovery in state foreclosure court. sent a couple of qwr’s that were denied. sued the servicer in city under respa. bank removed to fed court. just where i want them. now i can get discovery and use it in the state foreclosure action.

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