Posted by Christine Hall on 9/23/09 9:04am
Msg #304656
Snyder Law Firm just threatened me
They left a message on my machine saying there were going to pursue charges on me or something of that sort regarding my recent post 304584. Say what, LOL!
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Reply by jba/fl on 9/23/09 9:10am
Msg #304660
And I'll huff, and I'll puff and I'll blow your house down,
so sayeth the big bad wolf.
Hit that delete button and get rid of that annoying voice. Have a good laugh while you are at it.
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Reply by jba/fl on 9/23/09 9:12am
Msg #304661
Re: And I'll huff, and I'll puff and I'll blow your house down,
And - if I am going to sue you, you will see the process server on your doorstep or notice in the mailbox. Woof, woof.
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Reply by MW/VA on 9/23/09 9:24am
Msg #304662
I also think it's a scare tactic threat. I think I'd keep the message in case you need it later.
A long while back, 21st Century also made threats to a notary who posted here. IMO, I don't think that anyone who is going to sue you calls you to let you know.
The only thing I get at that web site is "Go Daddy". PAW explained here in one of the posts about using websites as "parking" sites.
You made a choice not to engage in what you think is illegal activity in your state & asked if anyone had heard of the company. Like Julie said, brush it off & have a good day. 
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Reply by mwm143 on 9/23/09 9:32am
Msg #304666
Welcome to Notary Rotary forum Snyder Law Firm!! n/m
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Reply by Shoshana/AZ on 9/23/09 10:04am
Msg #304669
Probably because you called it a "loan mod scam". You need to be careful of what you say. You can't go around accusing people just because they collect money up front.
JMHO
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Reply by MW/VA on 9/23/09 10:12am
Msg #304671
That's an important point. We do need to be careful about how we throw that term "scam" around.
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Reply by Shoshana/AZ on 9/23/09 10:20am
Msg #304673
The best response in my opinion is to simply say "no, thank you". One need not go into a whole song and dance about legalities or scams. As has been stated here before: KISS.
Here in AZ, sometime next year, those who do loan mods here will have to be licensed to do so.
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Reply by Philip Johnson on 9/23/09 10:22am
Msg #304674
How about the word crook?
Shouldn't we be careful how we use that word as well?
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Reply by Henry Davidson on 9/23/09 10:34am
Msg #304677
Practically everyone in this forum has opined publicly!
And these aren't opinions about ss's or tc's, these are attorney firms, suing people, corporations, BANKS FOR BORROWERS. This is what they do for a living, everyday.
You need to be careful of what you say and understand the laws of your state. She is definately liable is she continues.
I have personally chased down no pay/ bad remarks about my firm, from here and other boards, to later have the poster recant and apologize, because they were wrong. Luckily only a few over the years about Express Notary Service, Inc. but this place bashes attorney firms regularly. Now that's ridiculous. If you dont know it, don't say it.
"They tried to make it sound like something different when they called but after reviewing the docs and the "audio clip" instructions (new to me) it was obviously another loan mod scam. Turned it back in and said illegal in MN."
That is clearly wrong and damaging to ones reputation in a very public forum. I'd ask her apologize here, then send a cease and desist order, and the last step would be to sue her.
Would you sue your mortgage lender, or anyone, without an attorney? Anyone know an attorney that works for zero fees down?
TIA
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Reply by Shoshana/AZ on 9/23/09 10:37am
Msg #304678
There you go.. an attorney has spoken! n/m
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Reply by MistarellaFL on 9/23/09 11:22am
Msg #304686
He's not an attorney
He's a SS owner.
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Reply by Linda_H/FL on 9/23/09 11:24am
Msg #304688
Re: He's not an attorney...don't quote me on it
but I think Shoshana was being facetious.
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Reply by MW/VA on 9/23/09 10:55am
Msg #304680
Re: Practically everyone in this forum has opined publicly!
This loan mod application thing has become a horse of a different color. It is referred to everywhere (try FTC.gov) as a scam. Notaries are trying to become aware & informed so they don't become an accomplice in these matters. There are federal & state laws now specifically about charging large upfront fees. It was brought up in another post if this also applies to attorneys who are calling it "retainer fees". If you look at the FTC.gov site, there are attorneys who the FTC has named in actions against them. I'm not saying that this applies to the firm in question, but it is the reason why many are posting "alerts" on the forum.
This has nothing to do with posts made about non-paying companies.
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Reply by MistarellaFL on 9/23/09 10:59am
Msg #304682
nothing to do with posts made about non-paying companies.
Absolutely agree with your whole post.
Henry likes to make things all about him.
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Reply by Shoshana/AZ on 9/23/09 11:05am
Msg #304684
Re: Practically everyone in this forum has opined publicly!
I went to the FTC website. What are the Federal laws of which you speak? I did not see anything about that. Please cite them here.
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Reply by MistarellaFL on 9/23/09 11:10am
Msg #304685
I didn't see specific laws cited
But their site does mention that laws have been broken, and lists several court cases pending.
http://www2.ftc.gov/opa/2009/07/loanlies.shtm
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Reply by Shoshana/AZ on 9/23/09 11:32am
Msg #304691
Re: I didn't see specific laws cited
Misty,
Thanks for the link. I don't doubt that there are scammers out there. It's just not fair or legal to call every loan mod company a scammer. There are rotten apples in every barrel.
I can see it from the point of view of a notary and a loan officer. You know as well as I do that people have to take some responsibility for reading the fine print. If they don't understand something they should seek the counsel of someone who can explain it to them.
Indeed ads can be very misleading or make claims that just aren't true.
As a LO, I have notified the AZ DFI know of misleading ads. In the heyday of the option arms, companies were advertising a "1% interest rate". There were also those "no cost, no fee" loans.
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Reply by LKT/CA on 9/23/09 5:56pm
Msg #304730
Re: Practically everyone in this forum has opined publicly!
<<<This has nothing to do with posts made about non-paying companies.>>>
Henry said nothing about non-paying companies. He said that he's had to chase down no-pay/bad REMARKS about his firm.......in other words, he's gone after what others have SAID about his firm.....
I see nothing in his post about non-paying companies.
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Reply by Philip Johnson on 9/23/09 10:48am
Msg #304679
Will it be LOL or SOL when you get the summons? n/m
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Reply by jojo_MN on 9/23/09 12:08pm
Msg #304693
Re: Will it be LOL or SOL when you get the summons?
In this case, the law was pointed out to the company that she is speaking of. It is, in fact, illegal to do loan modifcations in the state of Minnesota if you don't have a Loan Originator license regardless if you are an attorney. Also, it is illegal in the state of Minnesota to charge upfront fees for this service.
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Reply by Shoshana/AZ on 9/23/09 12:12pm
Msg #304694
Re: Will it be LOL or SOL when you get the summons?
Thanks, we already knew that. It has been reiterated many times on this board. That is not what we're debating on this thread.
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Reply by Frank/NC on 9/23/09 2:39pm
Msg #304706
Re: Will it be LOL or SOL when you get the summons?
Whether or not they sue or just blow smoke or, for that matter, if loan mods are lawful or not in that state, you have to be real careful to state that the job was a "scam". When you get into that kind of language you're leaving the door open to problems that you really do not need.
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Reply by Shoshana/AZ on 9/23/09 3:43pm
Msg #304714
I totally agree with you. n/m
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Reply by Stamper_WI on 9/23/09 11:31pm
Msg #304769
Well what do you call it then?
This is the second time that I know of that they have been told it is illegal to do what they are doing in MN. Both notaries checked with the state. WI Dept of finance and Dept of consumer affairs says no up front fees and the attorney and firm must be registered with the state bar and the dept of finance. In fact they passed laws specifically for loan mods which are to include RTC's and much more.
So given the appearance that they are breaking the law and respond to that with a mere "no we aren't" what is one to think? Perhaps they can come on here and explain how they are not?
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Reply by Frank/NC on 9/24/09 6:35am
Msg #304784
Re: Well what do you call it then?
It's not a matter of "what do you call it?". It's just a matter of stating it in a way that doesn't put you at risk of any kind, or perhaps defending yourself from law suits. Even if you win the suit, what is the cost of doing so. My guess is that you would be into it for thousands even when you win.
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Reply by Stamper_WI on 9/24/09 9:03am
Msg #304795
Re: Well what do you call it then?
I agree on that. My point is that they have not clarified how they are within the law given that the notaries have been advised by their state government that they are not. The notary is assuming liability if they proceed. Why should we not discuss this? The way I see it, the threat of a lawsuit has much more behind it other than the obvious slander suit. It's an attempt to scare us into not talking about it or examining the possibility that they are operating illegally in some states. Why are they so shy about disclosing who, if any is their attorney in state and how they can circumvent state laws? They would save a lot of grief by doing so.
So if anyone from Snyder is out there reading this. You can email me with a statement and I would be happy to post it for you here. Just click on my name for a link to my email.
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Reply by Henry Davidson on 9/24/09 9:40am
Msg #304807
To put it nicely.....
This is just one small example of how the assumtions made here about anyone and anything on this board are so out of line...how the advice from this board can be so detrimental and bad for business for not only a company/firm but the notary as well....reader's here beware...
Example "If you ask if your collecting a check its a scam" and the like....hmmm.
Would you hire an attorney who works for no fee down? I wouldn't....he/she is new, inexperienced and begging for business. It's not their model, period, never will be.
so I will try to be helpful to increase business for all.....
They are a foreclosure defense firm, not a "loan mod firm or shop". A full service firm, that can charge retainer fees. A loan mod is one of many many outcomes that a client of theirs may get when they represent someone against their lender.
Question that went unanswered last time......Would you sue your lender w/o an attorney???
I am still waiting for that referral of a "no upfront fee" attorney? Anybody know one of those? Amongst the thousands, I assume but probably not even hundreds, of us here someone must know one firm doing this legally according to all here, right?
TIA
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Reply by Stamper_WI on 9/24/09 12:42pm
Msg #304838
Re: To put it nicely.....
Read back. It is illegal for an upfront fee for anyone, attorney's included. In MN and WI.
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Reply by Henry Davidson on 9/24/09 12:59pm
Msg #304841
Re: To put it nicely.....
No upfront retainer fees for what....??????????? Is the point. Read back carefully.
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Reply by MistarellaFL on 9/24/09 1:33pm
Msg #304845
In FL even attorneys can't collect up front
They can collect when the terms of the agreement have been fulfilled.
Before the end of 2009, I believe that it will be illegal to charge upfront fees for any loan mod company, attorney or not. In Florida it is already illegal. It doesn't specify whether or not the loan mod company is an attorney or not, but it is illegal to accept upfront fees, regardless of "who" the loan mod company belongs to.
Florida Statute §501.1377, protects homeowners who are in foreclosure or nearing foreclosure from companies offering potentially fraudulent foreclosure “rescue” services. Specifically, the statute governs companies providing foreclosure-related rescue services including loan modification and short sale services. These companies are prohibited from charging homeowners an up-front fee for these services and must provide homeowners with a written agreement.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0501/SEC1377.HTM&Title=-2008-Ch0501-Section%201377
b) "Foreclosure-rescue consultant" means a person who directly or indirectly makes a solicitation, representation, or offer to a homeowner to provide or perform, in return for payment of money or other valuable consideration, foreclosure-related rescue services. The term does not apply to:
7. An attorney licensed to practice law in this state who provides foreclosure rescue-related services as an ancillary matter to the attorney's representation of a homeowner as a client.
(3) PROHIBITED ACTS.--In the course of offering or providing foreclosure-related rescue services, a foreclosure-rescue consultant may not:
(a) Engage in or initiate foreclosure-related rescue services without first executing a written agreement with the homeowner for foreclosure-related rescue services; or
(b) Solicit, charge, receive, or attempt to collect or secure payment, directly or indirectly, for foreclosure-related rescue services BEFORE COMPLETING OR PERFORMING ALL SERVICES contained in the agreement for foreclosure-related rescue services.
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Reply by Henry Davidson on 9/24/09 2:39pm
Msg #304862
Misty your nonsense is over the top.reread your own post!
This isn't brain surgery blah blah mouth........from your post of the law:
"The term does not apply to:
7. An attorney licensed to practice law in this state who provides foreclosure rescue-related services as an ancillary matter to the attorney's representation of a homeowner as a client."
Duhhhhh.....these people that offer loan modification as one of many outcomes/services as a PART of their FULL SERVICE FIRM can collect retainer fees. It DOES NOT APPLY TO THEM!
Did you even read that first before you throw it up there and blab all this nonsense???
If you did you certainly didn't comprehend it.
And how many notaries have turned down jobs because people in here read your mis-guided nonsense and opinions?
HDD
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Reply by MistarellaFL on 9/24/09 3:03pm
Msg #304869
Re: Misty your nonsense is over the top.reread your own post!
I certainly did read it, re-read it and it is not nonsensical.
<<<7. An attorney licensed to practice law in this state who provides foreclosure rescue-related services as an ancillary matter to the attorney's representation of a homeowner as a client." >>>
The KEY word in this sentence IS: ANCILLARY.
I'm not sure if you just didn't see it, or just didn't comprehend it, so here is a dictionary reference:
an¡¤cil¡¤lar¡¤y (¨¡n'sə-l¨§r'¨¥)
adj.
Of secondary importance.
Meaning: their modification service must be secondary (subordinate) representation of the homeowner (eg. they are already being represented by this attorney on a non-modification service, like foreclosure, etc).
They can't just represent them for a modification and accept the fee upfront.
BTW, it is an honor to have Henry Davidson attempt to insult me.
It means (to me) that I am not online with his way of thinking, and I delight in that knowledge!
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Reply by Henry Davidson on 9/24/09 3:38pm
Msg #304878
Re: Misty your nonsense is over the top.reread your own post!
Finally.....now do you realize that Snyder is a full service firm offering many services,
See below from your previous posts here...
In FL even attorneys can't collect up front
Posted by MistarellaFL of FL on 9/24/09 1:33pm Msg #304845
Blah Blah Blah....WRONG!~
"Before the end of 2009, I believe that it will be illegal to charge upfront fees for any loan mod company, attorney or not."
Thanks but wrong
"In Florida it is already illegal"
CLEALRY WRONG!
"It doesn't specify whether or not the loan mod company is an attorney or not, but it is illegal to accept upfront fees, regardless of "who" the loan mod company belongs to."
It actually clearly states otherwise and again WRONG.
but hey...throw it out there like you know it all.
Bad post...bad advice...flat out wrong information! why would you do that?
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Reply by MistarellaFL on 9/24/09 4:05pm
Msg #304885
Methinks it's YOU providing bad information
And I do not acknowledge/accept all your 'WRONG!'s.
An attorney cannot accept advance fees for a loan mod in FL unless they are assisting them with a primary (not ancillary) case. I work directly with attorneys who offer the service.
Another case of the pot calling the kettle black.
Keep calling those FL notaries for illegal advance fee loan mods, Henry.
It might make you an accomplice/accessory.
But hey, you say you know it all.......and apparently don't mind your vendors taking the risks by putting them to the task. Are you going to claim ignorance when it all blows up in your face?
And wth would you/the rest of the loan mod companies even bother putting a notary to this task? No notarizations required....why not utilize out of work secretaries? process servers?
ETC.
I hope you get caught.
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Reply by Linda_H/FL on 9/24/09 4:55pm
Msg #304891
FL Statute 501.1377 (4)...in part
Please note the second paragraph of the Right to Cancel...up-front fees are not allowed in FL..attorney's retainer fees? yes.....up-front fees for the foreclosure rescue or modification? No..
(4) FORECLOSURE-RELATED RESCUE SERVICES; WRITTEN AGREEMENT.--
(b) The homeowner has the right to cancel the written agreement without any penalty or obligation if the homeowner cancels the agreement within 3 business days after signing the written agreement. The right to cancel may not be waived by the homeowner or limited in any manner by the foreclosure-rescue consultant. If the homeowner cancels the agreement, any payments that have been given to the foreclosure-rescue consultant must be returned to the homeowner within 10 business days after receipt of the notice of cancellation.
(c) An agreement for foreclosure-related rescue services must contain, immediately above the signature line, a statement in at least 12-point uppercase type that substantially complies with the following:
HOMEOWNER'S RIGHT OF CANCELLATION
YOU MAY CANCEL THIS AGREEMENT FOR FORECLOSURE-RELATED RESCUE SERVICES WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS DAYS FOLLOWING THE DATE THIS AGREEMENT IS SIGNED BY YOU.
THE FORECLOSURE-RESCUE CONSULTANT IS PROHIBITED BY LAW FROM ACCEPTING ANY MONEY, PROPERTY, OR OTHER FORM OF PAYMENT FROM YOU UNTIL ALL PROMISED SERVICES ARE COMPLETE. IF FOR ANY REASON YOU HAVE PAID THE CONSULTANT BEFORE CANCELLATION, YOUR PAYMENT MUST BE RETURNED TO YOU NO LATER THAN 10 BUSINESS DAYS AFTER THE CONSULTANT RECEIVES YOUR CANCELLATION NOTICE.
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Reply by Sylvia_FL on 9/24/09 5:49pm
Msg #304902
Re: Misty your nonsense is over the top.reread your own post!
"Snyder is a full service firm offering many services"
Really? What other services do they offer???
Their listings all state that they are a full service law firm, dedicated to helping homeowners stop foreclosure.
That is all they are advertising. The foreclosure is not an ancillary service to the homeowner. It is, apparently, all this company does.
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Reply by MistarellaFL on 9/24/09 3:16pm
Msg #304873
how many notaries have turned down jobs
<<<And how many notaries have turned down jobs because people in here read your mis-guided nonsense and opinions?>>>
Show me where I advised someone, *anyone* not to accept work (we don't do "jobs"
based on my opinion.....
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