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Lerner Sampson & Rothfuss / Lawyer for PNC?

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This company has sent us a letter. They don't say they are lawyers per se, but they are listed as "A Legal Professional Association".

 

Background: We filed bk7 on our mortgage in Nov 2005, finalized with NO reaffirmation in Jan 2006. We have been making payments since then but this past year, we were informed if we wanted to attempt to get approved for HAMP, we had to be behind on our payments. So, we didn't make the mortgage payment, went through HAMP process and we were told that we didn't meet the guidelines. They said that if we wanted to see if we qualify for an in house program, we should not make any payments until we finished that process. They said no foreclosure would take place as long as we were being considered for a "program". Then we get this letter. I googled them, and I keep finding articles about how crooked they are, how they are deceptive in their practices, etc. I read of a class action suit against them in Ohio. I am worried.....but my big concern is that I won't have money to catch up the mortgage until we get our tax refund in late January - early February. PNC is telling us that everything is fine, but this company says we need to "act immediately" and then they tacked on over $4,000 in miscellaneous fees, and then they say that we have the right to dispute the validity of the debt or any portion of this debt. It identifies Lerner, Sampson & Rothfuss as "a debt collector". This says: "You may receive, or you may have already received, a summons and complaint or other court filing. You must follow the instructions contained in the Court documents even if you dispute the validity or amount of the debt. The advice in this letter also does not affect my offices relation with the court. Lerner, Sampson & Rothfuss may file papers in the suit according to the court's rules and the judge's instructions. If you did not sign the promissory note, we are not suggesting you are personally liable for the debt. In addition, if you have filed a bankruptcy, nothing contained in this letter is intended to suggest that you are personally liable for the debt."

 

The last line of the letter says, "Lerner, Sampson & Rothfuss is a debt collector attempting to collect a debt and any information obtained will be used for that purpose."

 

Here are my concerns - first off, this is a shady company according to all I have read. They are known for illegal practices regarding foreclosures. I can't afford a lawyer - how do I protect myself?

 

If we get to the point where we can catch up our payments, bring everything current, then will they be able to charge us those $4,000 in miscellaneous legal fees too? What happens if we send the payment, they remove their fees, and send me the money back saying it was not the right amount and then they foreclose anyway (this is something they did to another customer)???

 

Does anyone know how much time from the point we got this letter to the actual sale date? I am trying to figure out how much time we actually have to make a decision.

 

Dh is freaking out, and I am trying to gather information to figure out what to do next......

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So, we heard from PNC who said we have been denied their in-house program because we don't make enough money, and we were denied HAMP because we made too much. :dntknw:

 

Now they say that they have turned over the loan to Lerner, Sampson, & Rothfuss, and if we want to try to get the loan brought current, we have to deal with these guys. What I am worried about, from what I have read is that if we try to work with them and pay up current, they are going to take a really large legal fee and then say we need more money. :(

 

Anyone deal with these people? How should we proceed? Should we try to get the loan brought current??? How do we protect ourselves to ensure they don't charge us some crazy legal fees like they have done to others??

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How can they charge legal fee's? For what?

They are acting as Debt Collectors.

Maybe Request in writing what it would take to bring you up todate. Explain that you want a complete breakdown.

 

How much was the loan for?

How much is owed now?

Whats the current value of the house?

 

So, we heard from PNC who said we have been denied their in-house program because we don't make enough money, and we were denied HAMP because we made too much. :dntknw:

 

Now they say that they have turned over the loan to Lerner, Sampson, & Rothfuss, and if we want to try to get the loan brought current, we have to deal with these guys. What I am worried about, from what I have read is that if we try to work with them and pay up current, they are going to take a really large legal fee and then say we need more money. :(

 

Anyone deal with these people? How should we proceed? Should we try to get the loan brought current??? How do we protect ourselves to ensure they don't charge us some crazy legal fees like they have done to others??

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How can they charge legal fee's? For what?

They are acting as Debt Collectors.

Maybe Request in writing what it would take to bring you up todate. Explain that you want a complete breakdown.

 

How much was the loan for?

How much is owed now?

Whats the current value of the house?

 

So, we heard from PNC who said we have been denied their in-house program because we don't make enough money, and we were denied HAMP because we made too much. :dntknw:

 

Now they say that they have turned over the loan to Lerner, Sampson, & Rothfuss, and if we want to try to get the loan brought current, we have to deal with these guys. What I am worried about, from what I have read is that if we try to work with them and pay up current, they are going to take a really large legal fee and then say we need more money. :(

 

Anyone deal with these people? How should we proceed? Should we try to get the loan brought current??? How do we protect ourselves to ensure they don't charge us some crazy legal fees like they have done to others??

 

My husband requested information for them to "reinstate" the loan. They have told me that they are "processing" that request and that it will take possibly another 2 weeks to get the letter out to me because that department "could be" backlogged, which I suspect is just their code for saying that department is still out for the holidays. I was told by PNC that they have possession of the loan now, and will make all the decisions, and we will be responsible for legal fees, which if it's like all the other cases I'm reading about can be as little as $2,000 up to $4,000. The original loan was about $85k, the current balance is about 72k, and the payments are about 8 months behind because it took that long for them to determine whether we would qualify. The "fees" they are tacking on, are approximately $4,000. They have hinted that we will be responsible for our payments for those 8 months, plus the $4,000 in order to catch up. That is about $12k. The last time the house was appraised, it was around $120k. That was at least 8 years ago. The property was found to have a property line dispute since that time - turns out the house's front yard is on the neighbor's property. There are many other problems with the house......a friend of ours who does appraisals said that if we sold it, we would be lucky to get what we owe on it because of all the problems.

 

I guess it's time to take the money we have and start looking for another place. :search: It's not what I wanted to be doing, but I cannot pay $12k. And, from the stories I have heard about this company - just search the internet for them, they are well known for how they deal with customers. They have no reason to settle with us, and every reason to take the money and run because we have already included this in bankruptcy in 2005 and they can't hold us liable for the loan anymore because we never reaffirmed. I don't think there is anything I can do.....

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We got the court documents finally. We also got a letter saying we have two weeks to come up with the back payments plus all their "fees" or they will proceed with foreclosure. We won't have the money in two weeks....so I am just wondering how long at this point will we have to find another place?

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We got the court documents finally. We also got a letter saying we have two weeks to come up with the back payments plus all their "fees" or they will proceed with foreclosure. We won't have the money in two weeks....so I am just wondering how long at this point will we have to find another place?

 

 

I hope that you have had some resolution here. Lerner & Gang now have your loan, so you'll have to deal with them. They're actually pretty easy to work with. Your fees to Lerner & Gang are stiff, but they're being paid for the job that they do...although they don't really explain what that job is, lol.

 

I worked with them for my sister when she got behind. She was able to come up with about 70% of the back money for the reinstatement...Chase allowed her to split the balance between nine months. The day after she sent in the wire transfer, she sold her condo.

 

Her fees were about $2500...which sounds like a WHOLE LOT for them having the file for about 3 dang days.

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I just wanted to share a little advice and my experience. I am in the same boat with PNC, Applied Oct 2009 for HAMP, then in Jan they denied me saying because I was current on my loan So then applied for the in home mod, they never sent our app to the correct dept so I had to reapply, they advised me to stop making payments for at least two months, then got a letter stating we were re-eligable for HAMP. They wouldn't let me make any payments unless I caught up all the late ones. So we reapplied in Feb 2010 for HAMP. We then filed chapter 7 bk in May due to our company not getting paid by the GC's and had to close it down. We had so much debt and had personally guaranteed all the company debt. Anyway, in the meantime the papers kept going back and forth with PNC trying to get approved with the HAMP. It's a year later and we just got word that we were denied for the HAMP again, this time because our income wasn't enough to make a work out plan. So they claim to have enrolled us in the in home mod, I asked if they had all the papers they need and they said yes. The fact that we are still in active bankruptcy means they would have to go to court to remove the auto stay, so I guess that is keeping the collections at bay.

 

Anyway, I have a good friend that is a realtor mainly in foreclosure sales. She knew several people in the exact same situation and used her ability to help them save their homes. She told me something I had never heard about. Apparently you can go here: http://www.occ.treas.gov/ and complain about your mortgage co and their practices. Someone from their team will call the big wig at PNC (or your bank) with the complaint giving them the chance to make it right. (I can't remember who she said they call) Anyway, within two days, the people that complained received a phone call from the mortgage co and gave them a loan mod. It's worth a shot. If this works (I'm going to try it too) maybe I can rewrite this to have it pinned. Hope this helps all of us:) It's time we get our lives bank, the banks have a had a free ride for too long!

 

This company has sent us a letter. They don't say they are lawyers per se, but they are listed as "A Legal Professional Association".

 

Background: We filed bk7 on our mortgage in Nov 2005, finalized with NO reaffirmation in Jan 2006. We have been making payments since then but this past year, we were informed if we wanted to attempt to get approved for HAMP, we had to be behind on our payments. So, we didn't make the mortgage payment, went through HAMP process and we were told that we didn't meet the guidelines. They said that if we wanted to see if we qualify for an in house program, we should not make any payments until we finished that process. They said no foreclosure would take place as long as we were being considered for a "program". Then we get this letter. I googled them, and I keep finding articles about how crooked they are, how they are deceptive in their practices, etc. I read of a class action suit against them in Ohio. I am worried.....but my big concern is that I won't have money to catch up the mortgage until we get our tax refund in late January - early February. PNC is telling us that everything is fine, but this company says we need to "act immediately" and then they tacked on over $4,000 in miscellaneous fees, and then they say that we have the right to dispute the validity of the debt or any portion of this debt. It identifies Lerner, Sampson & Rothfuss as "a debt collector". This says: "You may receive, or you may have already received, a summons and complaint or other court filing. You must follow the instructions contained in the Court documents even if you dispute the validity or amount of the debt. The advice in this letter also does not affect my offices relation with the court. Lerner, Sampson & Rothfuss may file papers in the suit according to the court's rules and the judge's instructions. If you did not sign the promissory note, we are not suggesting you are personally liable for the debt. In addition, if you have filed a bankruptcy, nothing contained in this letter is intended to suggest that you are personally liable for the debt."

 

The last line of the letter says, "Lerner, Sampson & Rothfuss is a debt collector attempting to collect a debt and any information obtained will be used for that purpose."

 

Here are my concerns - first off, this is a shady company according to all I have read. They are known for illegal practices regarding foreclosures. I can't afford a lawyer - how do I protect myself?

 

If we get to the point where we can catch up our payments, bring everything current, then will they be able to charge us those $4,000 in miscellaneous legal fees too? What happens if we send the payment, they remove their fees, and send me the money back saying it was not the right amount and then they foreclose anyway (this is something they did to another customer)???

 

Does anyone know how much time from the point we got this letter to the actual sale date? I am trying to figure out how much time we actually have to make a decision.

 

Dh is freaking out, and I am trying to gather information to figure out what to do next......

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Couldn't edit this for some reason:

 

It's time we get our lives bank, the banks have a had a free ride for too long!

 

Meant to say:

It's time we get our lives back, the banks have a had a free ride for too long!

 

LOL...guess I know where my heads at:)

 

I just wanted to share a little advice and my experience. I am in the same boat with PNC, Applied Oct 2009 for HAMP, then in Jan they denied me saying because I was current on my loan So then applied for the in home mod, they never sent our app to the correct dept so I had to reapply, they advised me to stop making payments for at least two months, then got a letter stating we were re-eligable for HAMP. They wouldn't let me make any payments unless I caught up all the late ones. So we reapplied in Feb 2010 for HAMP. We then filed chapter 7 bk in May due to our company not getting paid by the GC's and had to close it down. We had so much debt and had personally guaranteed all the company debt. Anyway, in the meantime the papers kept going back and forth with PNC trying to get approved with the HAMP. It's a year later and we just got word that we were denied for the HAMP again, this time because our income wasn't enough to make a work out plan. So they claim to have enrolled us in the in home mod, I asked if they had all the papers they need and they said yes. The fact that we are still in active bankruptcy means they would have to go to court to remove the auto stay, so I guess that is keeping the collections at bay.

 

Anyway, I have a good friend that is a realtor mainly in foreclosure sales. She knew several people in the exact same situation and used her ability to help them save their homes. She told me something I had never heard about. Apparently you can go here: http://www.occ.treas.gov/ and complain about your mortgage co and their practices. Someone from their team will call the big wig at PNC (or your bank) with the complaint giving them the chance to make it right. (I can't remember who she said they call) Anyway, within two days, the people that complained received a phone call from the mortgage co and gave them a loan mod. It's worth a shot. If this works (I'm going to try it too) maybe I can rewrite this to have it pinned. Hope this helps all of us:) It's time we get our lives bank, the banks have a had a free ride for too long!

 

This company has sent us a letter. They don't say they are lawyers per se, but they are listed as "A Legal Professional Association".

 

Background: We filed bk7 on our mortgage in Nov 2005, finalized with NO reaffirmation in Jan 2006. We have been making payments since then but this past year, we were informed if we wanted to attempt to get approved for HAMP, we had to be behind on our payments. So, we didn't make the mortgage payment, went through HAMP process and we were told that we didn't meet the guidelines. They said that if we wanted to see if we qualify for an in house program, we should not make any payments until we finished that process. They said no foreclosure would take place as long as we were being considered for a "program". Then we get this letter. I googled them, and I keep finding articles about how crooked they are, how they are deceptive in their practices, etc. I read of a class action suit against them in Ohio. I am worried.....but my big concern is that I won't have money to catch up the mortgage until we get our tax refund in late January - early February. PNC is telling us that everything is fine, but this company says we need to "act immediately" and then they tacked on over $4,000 in miscellaneous fees, and then they say that we have the right to dispute the validity of the debt or any portion of this debt. It identifies Lerner, Sampson & Rothfuss as "a debt collector". This says: "You may receive, or you may have already received, a summons and complaint or other court filing. You must follow the instructions contained in the Court documents even if you dispute the validity or amount of the debt. The advice in this letter also does not affect my offices relation with the court. Lerner, Sampson & Rothfuss may file papers in the suit according to the court's rules and the judge's instructions. If you did not sign the promissory note, we are not suggesting you are personally liable for the debt. In addition, if you have filed a bankruptcy, nothing contained in this letter is intended to suggest that you are personally liable for the debt."

 

The last line of the letter says, "Lerner, Sampson & Rothfuss is a debt collector attempting to collect a debt and any information obtained will be used for that purpose."

 

Here are my concerns - first off, this is a shady company according to all I have read. They are known for illegal practices regarding foreclosures. I can't afford a lawyer - how do I protect myself?

 

If we get to the point where we can catch up our payments, bring everything current, then will they be able to charge us those $4,000 in miscellaneous legal fees too? What happens if we send the payment, they remove their fees, and send me the money back saying it was not the right amount and then they foreclose anyway (this is something they did to another customer)???

 

Does anyone know how much time from the point we got this letter to the actual sale date? I am trying to figure out how much time we actually have to make a decision.

 

Dh is freaking out, and I am trying to gather information to figure out what to do next......

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