Debt Collection and Mortgage Foreclosure Abuses

Krislov Law represents debtors and homeowners from unfair and abusive debt collection practices, as well as deceptive mortgage foreclosure practices.  Debtors have a right to sue in state or federal court for abusive debt collection practices, including the use of false and misleading collection letters which misstate the amount owed or the obligation of the debtor, or fail to comply with other appropriate laws.  Likewise, mortgage borrowers have a right to challenge foreclosures if the lender or their assignee has not complied with various state or federal laws.

Representative cases in this area include:

• LVNV Funding, LLC v. Trice, 2011 IL App. (1st) 092,773 (action against debt collector who pursued collection against debtors without being licensed; prevailed in unlicensed debt collector’s motion for rehearing of Order affirming lower court’s decision to void debt collector’s judgment against debtor for lack of license; LVNV's petition for leave to appeal denied (Nov. 30, 2011). The City has appealed these decisions and the matter is currently pending in the Illinois Appellate Court).
• Brown v. Universal Fidelity Corp., (n/k/a Universal Fidelity, L.P.), No. 01-CH-17979 (Cir. Ct. Cook County, Ill.) (action against debt purchaser who unilaterally changed terms of agreements that uninsured motorists who were at fault in accidents with Allstate-insured drivers entered into with Allstate; prevailed on motions to dismiss and summary judgment; case currently proceeding despite debtor’s bankruptcy filing).
• Citibank v. Busuioc, No. 09 CH 49196 (Cir. Ct. Cook County, Ill.) (action on behalf of homeowners/borrowers who had a mortgage foreclosure pursued against them by an entity who purportedly acquired ownership of the loan through a fraudulent assignment prepared by Lender Processing Services and/or its subsidiary DocX, and who lacked standing to pursue the foreclosure; prevailed on Citibank's motion to dismiss pursuant to Illinois' Citizens Participation Act).
• Stinnette v. Bank of N.Y. Mellon and Fisher & Shapiro, LLC, No. 09 CH 19758 (Cir. Ct. Cook County, Ill.) (action on behalf of homeowners/borrowers who had a mortgage foreclosure pursued against them by an entity who used a Fisher and Shapiro-prepared affidavit of prove-up which falsely represented the amount owed; we successfully objected to inadequate settlement proposed by competing class plaintiff and defendant Fisher & Shapiro).  Settled individual claims with Bank.  Currently pending decision of claims against law firm.
• Parker v. Encore Credit Corp., et al., No. 09 L 009891 (Cir. Ct. Cook County, Ill.) (action on behalf of homeowners/borrowers who were entitled to a mortgage modification but were unfairly denied or delayed in obtaining a modification).