BofA Fails To Pay Settlement Money! Did BofA Buy A Bank They Could Not Afford? – The Leforge Family Story
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On-Time Again! Did BofA Buy A Bank They Could Not Afford?
Written by John Wright
March 7th, 2012
Do you remember the Leforge family? I had written an article on the Leforge’s back in December of 2011, because they had reported to me that they were having all sorts of problems with the result of a short sale that was completed on their home on January 6th, 2010, by none other than, Bank of America. However, the Leforge’s said there was nothing “short” about it, because they would allege that they would end up suffering “long term damages“ from Bank of America’s potentially irregular, fraudulent, illegal and simply abusive short sale process. This is because, according to the Leforge’s, they closed their mortgage on their Indiana home on January 6th, 2010, but only to end up receiving notices that their credit cards were being canceled, and their once high credit limits reduced, as well as other peculiar alterations being made to their credit accounts. Unfortunately, this would be only the beginning of a string of terrible things that would end up happening to the Leforge’s. This is why I like to call it the “Unfortunately story.”
On April 26, 2010, the Leforge’s received a letter from the law offices of Toae A. Kim of the Feiwell & Hannoy, P.C., who stated that Bank of America brought a lawsuit against the Leforge’s for several thousands of dollars beyond the original payoff, as if there was no short sale! The kicker was they had filed suit on Mr. and Mrs. Leforge separately, therefore doubling the money they were trying to get! This is when the Leforge’s, unfortunately, contacted Attorney Robert Duff of Indiana. You will find out why I said “unfortunately” a little bit later in this story, but the Leforge’s decided to retain the services of Attorney Robert E. Duff, because he said that he would represent the Leforge’s on a contingency basis to stop the wrongful foreclosure lawsuit against them. In addition, according to the Leforge’s, Attorney Robert Duff said that he would also represent them for the following:
- For violations of the FCRA by Equifax, Trans Union and Experian Credit reporting agencies.
- For violations of the FDCP by Feiwell and Hannoy P.C. Collection Agency.
- For violations of the FDCP, FCRA, by the Bank.
Unfortunately, Mr. Duff, according to Mr. Leforge, ended up being “Mr. Dud,” because the Leforge’s would end up not hearing from Mr. Duff for several weeks after, even though the Leforge’s were faxing him information, such as updated credit reports, responses from letters Mr. Leforge had previously sent — and so on. So after several weeks of not hearing from Mr. Duff or seeing anything being done on their case, the poor Leforge’s realized that Mr. Duff was not preforming the services that he said he would do for them. For the record, several weeks later, Mr. Duff claimed that he had medical issues and, therefore, was unable to perform the services that he promised the Leforge’s. The poor Leforge’s had no other choice but to seek other legal representation.
Somewhere around August 2010, the Leforge’s began searching the internet and yellow pages for a Law Firm capable of meeting their legal needs. Their goal was to find a law firm willing to represent them in all of their legal matters associated with the wrongful foreclosure case that Bank of Harassing America brought against them. So, on or about August 10, 2010, Mr. Leforge interviewed Carlin Phillips from the Phillips and Garcia Law Firm, in which Mr. Leforge explained their needs in detail to Mr. Phillips. In return, Mr. Phillips explained in detail what he could and would do for them, if they decided to retain Phillips and Garcia. In the first meeting Carlin Phillips explained his firm’s fee structure, while leading the Leforge’s to believe that his firm was more than capable of handling all of their legal needs. In the end, the Leforge’s decided to use Phillip and Garcia, but there would only prove to be one catch, which was that Carlin Phillips told the Leforge’s they needed to hire back their previous attorney, Robert Dud – I mean “Duff.” This was told to them several weeks after they had retained Phillip and Garcia. Mr. Carlin told them that they had to do this in order to have sponsorship in Federal Court, because Phillip and Garcia were not licensed in Indiana. Mr. Carlin also implied that there might be some kind of advantage because Attorney Robert Duff seemed to have firsthand knowledge about the case. However, correct me if I am wrong, but I think the Leforge’s fired Mr. Duff for a reason. At any rate, the Lafarge’s were anxious to get started, so they did exactly what Mr. Carlin Phillips told them to do. Reluctantly, they re-hired Attorney Robert Duff. This is because, apparently, Mr. Duff seemed to have a miraculous recovery from his previous medical condition. (scratching my head)
Maybe Attorney Robert Duff went here:
There was also another attorney that Phillips and Garcia stated would serve as “co-counsel,” and his name was Joseph DeMello. According to Mr. Leforge, he stated that he believed that Attorney Joseph DeMello had what he believed to be “small man syndrome.” This might mean that Mr. Leforge believed that Joseph DeMellow might be some sort of little prick. Hey! Don’t get mad me DeMellow! I am only reporting what Mr. Leforge told me – and that is what he said.
On July 12th, 2011, the Leforge’s received great news. This is because Mr. Phillips had just sent them an email saying that the law firm that had brought a case against the Leforge’s, Feiwell & Hannoy P.C. – was now seeking to settle.
Feiwell & Hannoy is seeking a demand to settle the second case. Damages in the two cases cannot overlap (i.e. you are not allowed to double dip and ask for the damages twice). Settling both cases at the same time would appear to be advantageous. The second case is valued at $5,000. We are seeking permission to make a demand of around $15,000 to $20,000 in that case to see what the defendant comes back with.)
The end, right? Wrong! This is because the Leforge’s stated that they never heard anything back from Phillips and Garcia, Robert Duff or the alleged little prick, Joseph DeMello, after the Leforge’s gave permission to Phillips and Garcia to move forward with a $30,000.00 bottom line settlement. In addition to this complaint the Leforge’s had the following complaints about the Phillips and Garcia Law Firm:
- Was not a large specialty Law Firm specializing in wrongful foreclosure law and consumer law.
- That they did not have expert staff members eager to seek justice.
- Implied they were not financially secure enough to handle their affairs.
- Did not give the Leforge’s media coverage, such as they claimed they promised.
- Did not file suits on all aspects of the Leforge’s cases, specifically all three Credit Bureaus (credit reporting agencies), Feiwell & Hannoy P.C., and BofA.
- Did not front all expenses and time associated with all of their cases.
- They were not given the right to accept or reject a settlement depending on a disbursement sheet.
- They were not provided with all associated documents per each case on a timely basis.
- They were not kept up-to-date on all facets of their cases in a timely manner.
- The firm did not thoroughly investigate every aspect of their cases.
- The firm was not in the Leforge’s corner while representing them accordingly.
- Phillips & Garcia was not their primary attorney of record.
- Phillips & Garcia Law Firm could not represent them no matter what state we were from.
This is when they decided to contact Piggybankblog.com for help.
Therefore, on December 12, 2011, I contacted the Law Office of Phillip and Garcia in Massachusetts and Attorney Robert Duff in Indiana. I was not interested in talking to the alleged little prick, because I was not in the mood that day, so I just left him out of the interview process. Attorney Robert Duff never returned my emails or calls, which might only serve to validate the Leforge’s claims about Attorney Robert Duff. On the other hand, Attorney Carlin Phillips did take my call, in which he spoke to me for over an hour on that day. I remember there was this uncomfortable dance at the beginning, but do you blame him? I mean, after all, it is not like the New York Times just called him. (lol) Let’s not forget that I am a guy that puts piggy noses on people. Nevertheless, I have to hand it to Mr. Phillips, because he gave me over an hour of his time, in which my hat always goes off to any attorney that can handle me for that long without pissing me off. This is even though he stated for the record that he could not discuss the Leforge’s situation with me. He said that it would violate the client attorney privilege. So, in the end, I actually really liked Carlin Phillips. I remember that it was hard for me to tell the Leforge’s that I thought that he seemed fairly decent to me. They said “of course he did! That is why we used him!” They insisted that he fooled me. (lol) The problem was that I had also noticed that Phillip and Garcia Law Firm had NO COMPLAINTS on line, so there was not much I could say bad about Mr. Phillips. Watch the youtube below and you will see what I mean.
Attorney Carlin Phillips:
See! What’s not to like?
Then, on December 20th, 2012, the Leforge’s finally recieved some good news. Mr. Leforge notified me that they had finally entered into a settlement agreement with Bank of America, in which according to the terms, Bank of America had until January 20th, 2012 to have the check and all the documents delivered the Leforge’s.
So end of story, right? Wrong again!
Do you remember the last time we spoke on December 20, 2011? I told you we had settled with BoA that evening. They were given until January 20, 2012 to have the check and all of the documents we agreed to within the settlement agreement delivered to us. That ship has sailed and we still do not have anything from BoA and their Attorneys. Do you know of any Lawyers who would be willing to run with this case against BoA?? -Thanks, Dave
Well, Mr. and Mrs. Leforge, it appears that you might be dealing with a deadbeat bank who might not pay their bills. (Tongue-in-cheek). I don’t know, maybe they bought a bank they could not afford (Countrywide) (Wink).
However, I guess the first attorney that comes to my mind is Attorney Todd Allen in Flordia.
Now in the youtube above — Bank of America apologized — because they said they were unaware that the attorney they had told to pay the homeowner had went out of business. Therefore, do not feel so bad Mr. Leforge, because it is readily apparent that you were not the only one having trouble with your attorney. Apparently, so was Bank of America!
Don’t worry Mr. Leforge! Be happy! Because I just know Attorney Todd Allen will help you!
- The landlord say your rent is late,
- he may have to litigate,
- don’t worry – - be happy,
- Look at me I’m happy!
- Don’t worry, be happy!
- I give you my phone number,
- when your worried, call me,
- I make you happy!
- Don’t worry, be happy!
Boy! BofA is so lucky to have had me as their customer, don’t you think? (Wink)
Paging Todd Allen! Paging Todd Allen! Please report to The Court of Public Opinion!
Mr. Allen, please contact the Leforge’s at: Daveleforge@aol.com
Update on 03/30/12: I guess Attorney Todd Allen was not an attorney of the people after all. Piggybankblog contacted his email on the day this article was written – asking for him to contact Piggybankblog or Mr. Leforge. There was no answer.
Just when we thought we had ourselves a hero here.
Sheeeeeesh! So disappointing.
I remember they said on the news that Attorney Allen was “new” or just out of school.
I guess he has not learned yet that you do not piss off the press. (Wink)
All Rise! The Honorable Judge John Wright has left The Courtroom of Public Opinion!
Their name is Mr. and Mrs. Leforge AND THEY ARE FIGHTING BACK!
Neal F. Bailen
First off out of due respect, please address us in a proper and respectful manner. It’s Mr. and Mrs. LeForge instead of Mrs. and LeForge.
You have yet again fabricated the truth to best fit your needs, while apparently scheming to cause more of a delay. Mr. Bailen, please help me understand why you tried to send the package to us again beyond the agreement deadline. My wife and I signed a mutual agreement to settle our claims against your client on December 22, 2011. Upon doing so we established timelines for your client to fulfill what we had agreed to. We signed the agreement in good faith and expected you and your client to honor those timelines and language brought forth in the settlement agreement. You elected not to adhere to the signed settlement agreement. You failed to meet the agreed timeline and include the time sensative material subsequent to the agreement as per your own admissions in prior emails. Now we find you have submitted a Stipulation of Dismissal without the finalization and satisfaction of all claims, ultimately you misinformed the Judge and courts, somehow you convinced Honorable Judge Tanya Walton Pratt to sign the order on 03-30-12. I can only assume that as far as the Judge knows, the case was dismissed with prejudice and all parties have fulfilled the settlement agreement. Mr. Bailen, sir you have committed a false accusation against us and the Federal Court system.
You did not provide us prior notice of a package being sent via UPS. You went as far as to say your second attempt was certified. The second attempt at delivery was not sent certified as you indicated, and if so please show us the certification of such a delivery. It was never our intention to wait on you to send a settlement package when it was suppose to have been delivered several months prior.
In order for my wife and I to better understand what has happened and why our case has been dismissed. Please explain how the documents we have in our possession idicate you submitted to the courts a stipulation of dismissal signed by Judge Pratt on 3-30-2012, and then starting on 4-3-2012 UPS attempted a series of deliveries, the UPS receipts verifies you sent a package. Now here’s where the confusion begins. We are trying to grasp how you are able to convince a Federal Judge to sign a false Stipulation of Dismissal with prejudice several days before you attempted to send us a package while declaring all claims have been settledand satisfied. When you know beyond a shadow of a doubt the settlement was not satisfied. Furthermore we don’t understand why you feel no prior contact was needed as to a delivery of a package deemed so valuable. Your tactics and dishonesty is quite disturbing and costly to my wife and I.
For your information, my wife was on company business in California 4-2-2012 through 4-7-2012, furthermore the delivery receipts were not posted within clear view of our entry to our home. (I have attached pictures to the affect). Although it’s not your fault the UPS delivery was not properly administered, however it is your fault for not pre warning us of your intent to attempt a delivery of an outdated package, quite simply we did not anticipate a package from you. We’re not sitting around waiting for you to deliver a package that should have been delivered months ago.
So as to summarize what we see as a failed attempt to cover your tracks. You took it upon yourself to notify and misinform the Judge and court system that we had pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) Stipulated and agreed that our action against your client is dismissed with prejudice and all claims were settled. After a few days had passed you sent a package without contacting either my wife or me. You gave us no prior notification to your attempt to deliver an outdated package while anticipating our acceptance.
You led the courts to believe that all claims have been settled when in fact they have not been consummated to the point of settlement. We are going to request a full investigation into your illegal and unethical procedures and abuse of the courts. We ultimately found out about the dismissal through an attorney we were interviewing for legal counsel. His words were “your case has been dismissed and there’s nothing I can do for you”. Mr. Bailen, your actions have caused us a magnitude of immeasurable harm. We thoroughly explained in a prior email, that you were beyond the allotted timeline and in breach of the settlement agreement. We are going to extend our right and proceed forward to a jury trial. As we said in our prior email we are fulfilling our right to be heard and have a movie/documentary slated, including interviews set with numerous media outlets. You seem to think you can play us like a stringed instrument and expect us to sit here and take it. You are wrong on all accounts. We have been very reasonable throughout all of this. YOU STILL DON’T GET IT, WE ARE THE INNOCENT PARTY. Your client filed a wrongful foreclosure based on illegal documents on a property we no longer owned. They ignored our constant plea to stop the wrongful foreclosure suit. Your delay has caused extended monetary damages, undue emotional distress, undue medical and mental stress to my wife and I, not counting the strain you’ve placed on our marriage, and employment. You’ve delayed and delayed our due process while driving the cost up on all parties involved. From this point forward we are requesting you step aside and have someone else in your firm take over. You have caused enough harm due to your constant delay and misrepresentation tactics. We’ll be happy to discuss with someone other than you, the ramifications of your failure to consummate the agreement we had on December 22, 2011.
Email sent 04/09/12
Mr. and Mrs. LeForge
I would report this attorney to the State Bar of Indiana if I were them.
Piggybankblog has contacted Mr. Bailen for comment and will post if he gives one.
All Rise! The Honorable Judge John Wright has left The Courtroom of Public Opinion!
My name is John Wright AND I AM FIGHTING BACK!
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