This website provides information about the joint state-federal settlement with HSBC.
Borrowers who are eligible to participate in the HSBC Settlement will be mailed a postcard followed by a Notice Letter and Claim Form in August 2016. Borrowers who believe they are eligible but have not received a Notice Letter by September 2016 may contact the administrator toll free by calling 1-888-538-5792, Monday through Friday between 7:00 a.m. and 7:00 p.m. Central Time.
• $370 Million in relief for borrowers who are still in their homes
• $58 Million in cash to foreclosed homeowners
• Modeled on National Mortgage Settlement
The Federal government together with state attorneys general in 49 states and the District of Columbia reached a settlement in 2016 requiring HSBC Mortgage, Inc., to provide $428 million in various forms of relief to certain borrowers. The agreement was filed in the United States District Court for the District of Columbia on February 5, 2016. The United States District Court for the District of Columbia entered the Consent Order on March 14, 2016. The agreement addresses HSBC’s alleged misconduct regarding its mortgage servicing and foreclosure practices. HSBC must create an approximately $58 million fund for the approximately 75,000 HSBC borrowers who were foreclosed upon between January 1, 2008 and December 31, 2012. In addition, HSBC must adhere to significant homeowner protections. The agreement requires that HSBC follow the servicing standards set up by the 2012 National Mortgage Settlement (NMS) with the five largest mortgage servicers. HSBC’s compliance with this settlement will be monitored by the same professional monitoring team in charge of enforcing the NMS, led by former North Carolina Banking Commissioner Joseph Smith.
Further information concerning the HSBC settlement is available here:
• To see a copy of the Consent order click here: Consent Order
• To see a copy of the Exhibits click here: (Exhibit A, Exhibit B, Exhibit C, Exhibit D, Exhibit E, Exhibit E-1, Exhibit H, Exhibit I)
Notices to be Sent to Eligible Borrowers: August 2016
Primary Deadline to File a Payment Claim: November 15, 2016
Payments to be mailed to eligible borrowers who make claims: We anticipate checks will be mailed in the first quarter of 2017.
This site is not operated by the Attorneys General, or federal government. Please contact the National HSBC Settlement Administrator with questions at 1-888-538-5792, Monday through Friday, 7:00 a.m. – 7:00 p.m. Central Time.
Este sitio no es operado por el Procurador General o el gobierno federal. Por favor contacte al Administrador del Acuerdo Nacional de HSBC con preguntas al número 1-888-538-5792, lunes a viernes, 7:00 a.m. – 7:00 p.m. horario central.
If you need additional info about this or any other legal matter, please call Attorney Linda Fessler at 213-446-6766 for a free consultation.Read More
California Governor Jerry Brown this week signed a law that will protect survivors from unnecessary foreclosures. The Homeowner Survivor Bill of Rights (SBOR) will stop lenders from foreclosing on widows, widowers, and other relatives of someone who has died and is not listed on the mortgage.
Prior to the law, foreclosures often occurred because the lenders refused to speak with survivors not on the mortgage.
Now mortgage servicers will be required to talk with surviving homeowners and provide clear information about their options and the process to assume the mortgage. The law goes into effect in January.
Kit Dillon Givas, a surviving homeowner from Sacramento:
“Instead of spending time to properly grieve, I’ve spent the last six months trying to get Ocwen, my mortgage servicer, to talk to me about how to keep our home of 28 years,” she said. “I’m glad other survivors like me won’t have to go through what I have.”
California is one of the few states that has a law protecting a surviving spouse.
If you are in this situation, you should make sure the mortgage is up to date. Then call Attorney Linda Fessler at 213-446-6766 for a free consultation.Read More
Rodis Law Group and America’s Law Group advertised nationwide on radio stations and the internet.
Consumers paid fees ranging from $3,500 upwards. They thought that the alleged Southern California law firm would help them avoid foreclosure. But the head of the firm, Bryan D’Antonio was a convicted felon who had previously been sentenced to four years in federal prison for a medical billing scam.
He also was subject to an injunction prohibiting him from any involvement with telemarketing.
D’Antonio plead guilty to conspiracy to commit mail and wire fraud. He admitted that he started Rodis Law Group while he was on supervised release from his prior conviction.
RLG and ALG sold their services through a telemarketing operation and employees routinely misrepresented the services that would be provided.
D’Antonio admitted that, between October 2008 and June 2009, he participated in a scheme with Ronald Rodis, Charles Wayne Farris and others to induce homeowners to pay between $3,500 and up for the services of RLG and ALG.
RLG and ALG advertised on radio stations nationwide, stated that the companies consisted of “a team of experienced attorneys” who were “highly skilled in negotiating lower interest rates and even lowering your principal balance.”
In fact, RLG and ALG were telemarketing operations that never had teams of experienced attorneys. Mostly, Ronald Rodis was the only attorney at RLG.
Telemarketers falsely stated that RLG and ALG routinely obtained positive results for homeowners, including lower monthly payments, reductions in principal balance and lower interest rates. In fact, positive results were rarely achieved for the clients.
They did not disclose that the firms were owned and operated by Bryan D’Antonio, a convicted felon who was enjoined from engaging in telemarketing.
In a plea agreement filed in federal court, D’Antonio admitted that the RLG and ALG schemes fraudulently obtained approximately $9 million from his victims.
Charles Wayne Farris and Ronald Rodis, both previously pleaded guilty to one count of conspiracy to commit mail and wire fraud.
If you need further information, please call Attorney Linda Fessler at 213-446-6766 for a free consultation.
The following are some examples of the types of injury resulting from accidents:
- Neck Injuries: There are many kinds of neck injuries, including whiplash, fractured vertebrae, soft tissue injuries such as tendon or ligament injuries, and others.
- Back Injuries: These injuries can include broken vertebrae, herniated discs, torn or damaged soft tissue including muscle tissue, ligaments and tendons and other injuries.
- Spinal Cord Injuries: Depending on the location and severity of the injury, the person may suffer partial or complete paralysis
- Traumatic Brain Injuries: The person may have both physical and cognitive disabilities. Recovery may depend on surgery and rehabilitation treatment in an attempt to help the person restore the ability to walk, speak or regain basic functions.
- Burn Injuries: Many severe burns will require skin grafts to restore the appearance of the victim. Some burns leave permanent, disfiguring scars and hinder mobility.
- Amputations: A sudden impact that crushes or severs a limb is a catastrophic injury. Various types of incidents can lead to the need for amputation, such as when a limb is crushed or partially severed. Prosthetics and other adaptive devices are usually very expensive
- Fractures: Broken bones vary in severity, ranging from a cracked bone to the cases in which bones break through the skin, increasing the chances of infections, or cases in which the bone is shattered and will require surgery with the installation of screws and rods.
- Shoulder Injuries: A painful shoulder can occur after a fall, or a motorcycle or car accident. These injuries also occur in the workplace. There are resulting motion issues because of the joint and muscle structure.
- Knee Injuries: A knee injury can leave the victim with a permanent impairment. The recovery from a severe knee injury can be lengthy.
- Nerve Damage and Chronic Pain: Resolving bruised, torn or crushed nerve tissue can be impossible. The victim may be left with diminished sensation.
- Disfiguring Injuries: Severe lacerations, cuts, burns and abrasions often leave permanent scars. The location of the scar can take an emotional toll on the victim. Facial scarring or other visible scars must be compensated not only for the medical costs, but also for the emotional impact on the victim.
- Pain & Suffering: An accident victim may also be entitled to compensation for the pain and suffering that resulted from the injury.
- Emotional Distress: Psychological injury may be compensable. Unlike pain and suffering, emotional distress may be compensable in the absence of a physical injury.
There are several types of damages that can be pursued depending on the case. Damages may include the following:
- Costs of all medical care.
- Hospital and doctor’s bills.
- Rehabilitation costs.
- Medication costs.
- Transportation costs.
- Lost wages, current and future.
- Diminished earning capacity.
- Property damage.
- Compensation for pain and suffering.
- Compensation for emotional distress.
- Compensation for loss of quality of life.
If you have suffered an injury and need help, contact Attorney Linda Fessler at 213-446-6766 for a free consultation.Read More
When you get hurt in any kind of accident, you will need medical treatment. You will also have medical bills.
A lawyer can help. A lawyer will access all possible sources of insurance to get your medical bills paid. There are alternatives to paying medical bills yourself.
‘Med Pay’ in Premises Liability Cases
If you are injured at someone’s house, there may be insurance coverage through homeowner policies for medical bills. This insurance is called “med pay” coverage. It pays the medical bills of victims without regard to who is at fault.
There are different amounts available for different policies. Typically, med pay policies are available for $1,000, $5,000 and $10,000. There are strict time limits within which the bills must be submitted to the property owner’s insurance policy.
Workers Compensation Coverage for Workplace Injuries
Workers compensation insurance covers injuries that happen at the workplace. It does not require the payment of deductibles. In fact, it pays all medical bills associated with injuries you suffered at work.
Even if you are paid in cash and work “off the books,” you still may be eligible for workers’ compensation benefits.
Other Options for Paying Medical Bills
Medicaid, Medicare or private health insurance may be available to pay your medical bills. Finally, many healthcare providers are willing to treat victims of personal injury accidents on a lien. This means payment will not be required at the time you receive care. The doctors will wait until your case is settled or tried. An agreement is reached wherein the medical bills will be paid directly from your settlement proceeds.
If you have had an accident, call Attorney Linda Fessler at 213-446-6766 for a free consultation.Read More
The Consumer Financial Protection Bureau just issued a new rule for mortgage servicers that provides greater protections to borrowers, surviving family, and persons in bankruptcy.
The changes also add protections for consumers when their mortgage is transferred to another servicer.
The new rule makes several big changes: mortgage servicers would have to offer loss mitigation to borrowers more than once over the life of the loan, but only if the borrower became current and ran into trouble again later.
In addition, the rule clarifies when a borrower becomes delinquent and how a servicer can prevent wrongful foreclosures and avoid dual-tracking. The rule also specifies several requirements for early intervention, loss mitigation, information requests, and prompt crediting of payments. Under the rule, if a borrower dies, servicers would be required to promptly communicate with surviving family or others who have a legal right to the home.
Following is a detailed list of the added requirements for servicers in the new rule:
- Mortgage servicers would have to expand foreclosure protections more than once over the life of the loan. Servicers must create policies and procedures to promptly communicate with “successors in interest,” if the borrower dies. Those who have a legal interest in the home are given the same protections as the original borrower.
- Servicers must provide borrowers in bankruptcy with periodic statements including specific information tailored for bankruptcy.
- Servicers are required to notify borrowers promptly and in writing when a loss mitigation application is complete, so that borrowers know the status of the application.
- When servicing is transferred the new servicer must comply with loss mitigation requirements within the same time frames that applied to the former servicer.
Most provisions in the final rule will take effect 12 months after its publication in the Federal Register, which is imminent. However, provisions on successor in interest and periodic statements for borrowers in bankruptcy will take effect 18 months after publication in the Federal Register.
If you have a foreclosure pending or need further info, please call Attorney Linda Fessler at 213-446-6766 for a free consultation.Read More
A settlement has been reached in a class action lawsuit alleging U.S. Bank NA received unauthorized benefits by imposing force-placed insurance policies on borrowers who lacked acceptable coverage.
If you were charged by U.S. Bank for lender-placed insurance you may be eligible for benefits from the class action settlement.
The U.S Bank class action lawsuit involves lender-placed insurance, which is insurance placed on a borrower’s property when the borrower fails to maintain an insurance policy that is acceptable to the mortgage lender or when the borrower’s insurance lapses.
According to the class action lawsuit, U.S. Bank placed the insurance and received “kickbacks” from the insurance companies. This caused the cost and amount of coverage to be excessive.
The defendants deny the allegations and maintain that their conduct was not unlawful. However, they have agreed to settle.
Class Members of the U.S. Bank force-placed insurance settlement include all U.S. borrowers who, between April 8, 2009 and June 30, 2015, were charged by U.S. Bank under a hazard, flood, flood-gap or wind-only lender-placed insurance (LPI) policy for residential property, and who either paid to U.S. Bank the net premium for that LPI policy or who did not pay and still owe U.S. Bank the net premium for the LPI policy.
NOTE: If you were a Class Member in Stephen Ellsworth v. U.S. Bank NA, et al., Case No. 3:12-cv-02506-LB, in the U.S. District Court for the Northern District of California, you are not eligible to participate in this class action settlement.
What you can collect depends on various factors:
- If you were charged for a hazard force-placed insurance policy on or before Nov. 30, 2011, you will receive 12.5 percent of the net premium.
- If you were charged for a flood, flood-gap or wind force-placed insurance policy on or after Dec. 1, 2011, you will receive seven percent of the net premium.
- If you were charged for a flood, flood-gap or wind force-placed insurance policy between Apr. 8, 2009 and June 30, 2015, you will receive seven percent of the net premium.
Class Members who submit timely and valid claims will receive either a cash payment or a reduction in the amount they currently owe U.S. Bank.
The Claim Form deadline will be 60 days after the settlement becomes final. According to the settlement website, the Claim Form deadline will be no earlier than Aug. 12, 2016. However this date MAY be extended.
Philip Jackson, et al. v. U.S. Bank NA, et al., Case No. 1:14-cv-21252, in the U.S. District Court for the Southern District of Florida
c/o Rust Consulting
P.O. Box 2469
Faribault, MN 55021-9169
Adam M. Moskowitz
KOZYAK TROPIN & THROCKMORTON PA
Aaron S. Podhurst
PODHURST ORSECK PA
Lance A. Harke
HARKE CLASBY & BUSHMAN LLP
Counsel for U.S. Bank:
DORSEY & WHITNEY LLP
Counsel for Assurant Defendants:
Frank G. Burt
CARLTON FIELDS JORDEN BURT PA
If you need further info, contact Attorney Linda Fessler at 213-446-6766 for a free consultation.Read More
Chest Pain After a Car Accident
If a person is in a car accident and complains of chest pain, it can be serious.
Chest pain can be caused by abdominal, lung, and heart injuries. They are common results of car accidents. They can be caused by the seatbelt or by the steering wheel.
Car accidents can cause different types of injuries such as damage to internal organs, internal bleeding, ruptured abdominal aorta, or a ruptured spleen. The most common is broken ribs. Some common symptoms include tenderness in the rib area and pain while breathing.
Car accidents can cause lung injuries, resulting in severe chest pain. A punctured lung is a condition that results when the lung membrane gets punctured due to impact or because of an object penetrating into the lungs. If left untreated, a punctured lung can develop into a collapsed lung.
Any injury to the heart can be life threatening. Impact against the steering wheel can cause heart injuries, and in many cases, there are no immediate and evident symptoms. The most commonly reported injury is a myocardial contusion or bruising. Symptoms of these types of injuries include arrhythmias. Many symptoms of heart injuries following car accidents may not appear until a few weeks or even months after the crash.
If you experience chest pain after the accident, you should go to the doctor immediately.
If you are the victim of a car accident, who suffers a serious abdominal, heart or lung injury you will be faced with numerous medical bills. It is important to seek advice from an attorney who can help get the compensation you deserve.
If you have been in a car accident, call Attorney Linda Fessler at 213-446-6766 for a free consultation to discuss your case and the compensation that is available to you.
Motorcycle crashes are among the deadliest of all traffic accidents, due to bike riders’ lack of bodily protection. Motorcyclists are not only more likely to suffer serious bodily injury than other road travelers, but they are also more likely to be killed as the result of crashes. The most serious injuries facing motorcyclists are those which result in brain trauma.
Brain trauma can be caused either as the direct result of a crash, be it with another vehicle or a stationary object such as a electric pole, or as a result of the force of the rider’s head hitting the ground after the initial impact. Such crashes can be particularly dangerous, and can result in various severe injuries including concussions and traumatic brain injuries.
Concussions can occur when the brain is violently shaken against the inside of the skull, resulting in a mild traumatic brain injury. Symptoms of concussion include relatively minor effects such as headaches and nausea, to more serious effects such as reduced reaction times and the temporary loss of brain functions. Even motorcyclists wearing helmets have a high probability of concussion because the helmet does not fully protect the brain from moving in the skull after impact.
Traumatic Brain Injuries (TBI)
Simply riding a motorcycle puts you at risk of suffering a major traumatic brain injury in the event of a crash. Symptoms of a major traumatic brain injury include effects, such as: dizziness, sensitivity to light and sounds, loss of consciousness, confusion and disorientation.
More serious long term effects of TBI include: depression, memory loss, loss of coordination, permanent loss of faculties or ability to use limbs, or death.
The Cost of Surviving
If you have survived a motorcycle crash, you are likely facing medical expenses and a fight to recover. There are various legal options to recover money damages for your injuries.
If you have been the victim of a motorcycle crash, contact Attorney Linda Fessler at 213-446-6766 to discuss your case and learn more about the compensation that is available to you.