• Report: #1019635

Complaint Review: Marcy Abitz, Esq of Abitz Law Group

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  • Submitted: Sun, February 24, 2013
  • Updated: Sun, February 24, 2013

  • Reported By: AJ — Metro Atlanta Georgia United States of America
Marcy Abitz, Esq of Abitz Law Group
2455 Hollywood Blvd, Suite 114, Hollywood, Florida Hollywood, Florida United States of America

Marcy Abitz, Esq of Abitz Law Group Loan Modification/Sue Lender/Refused total deposit refund Hollywood, Florida

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I contacted Abitz Law Group during the last week of June 2011 from an internet foreclosure assistance search via their website. First John Monaghan left a message for me and secondly, Richard Adelmayer called me directly to explain a Mass Joinder Lawsuit that the Law Group was putting together and seeking consumers from various lenders from any state. I explained that I was a housing counselor and had a number of borrowers who had been wronged by their lenders who may be suitable for the Mass Joinder Lawsuit.

The borrower whom I reached out to the Law Group regarding is a homeowner aged 66 in the state of Georgia who had an up and coming foreclosure sale date for August 2, 2011 and I explained that our office had attempted several loan modifications for the homeowner over the past three years without success. And a current request was in the beginning stages. Richard Adelmayer, a Senior Case Manager with Abitz Law Group at that time, informed me that their office could takeover the modification negotiation process for the borrower, get the foreclosure held up and include the case in the Mass Joinder Lawsuit. After our conversation, Richard emailed me an outline of the services they provide and the possible outcomes, along with a request to submit certain mortgage documents to have reviewed to see if the borrower would be qualified for the lawsuit.

On July 8, 2011 I dropped the borrower's mortgage documents and other revelant documentation that would be vital for the lawsuit inclusive of notes over the past three years regarding actions by the lender. On July 15, 2011 I faxed to the Law Group the specific documents essential in the lawsuit from the borrower's mortgage documents and dismissed bankruptcy so that Marcy Abitz, Esq. would not have to read through all of the mortgage documents until the Mass Joinder Lawsuit would be filed. I finally had a telephone conference with Marcy Abitz the following week of July 18, 2011 and she informed me that she would need co-counsel in the state of Georgia to file the complaint to get the foreclosure sale postponed which was scheduled two weeks away.

I contacted several attorneys in Metro Atlanta, Georgia to interview them for potential co-counsel to Marcy Abitz. I acquired two prospective co-counsels who wanted to speak with Marcy Abitz to get an understanding of what she needed in a co-counsel. I texted both attorneys' contact information to Marcy Abitz and one of the attorneys even left Marcy a couple of voice mail messages. Marcy Abitz never contacted either of the attorneys and by the grace of God, I was successful in getting the foreclosure auction date cancelled by the servicer of the mortgage the Friday, July 29, 2011 (four days before the sale date).

A month later, I reached out to Marcy Abitz again, with a plan to file the lawsuit in the state of Ohio understanding that she was busy the last week of July and therefore could not call potential Georgia co-counsel. So, Marcy Abitz and I started over again on August 22, 2011 had a telephone consultation, she stated she knew someone who could potentially serve as her co-counsel in Ohio and if she didn't I would definitely acquire someone as I am a native of Ohio, as well as the borrower. I allowed Marcy Abitz to charge $1000 to a credit card on approximately two days later (on a Wednesday) as deposit towards the retainer and she told me that she would call me on the up and coming Friday or Saturday to begin working on the complaint.

The weekend passed and I didn't hear from Marcy Abitz even after sending her text messages and voice mail messages. She responded to an email on Monday, August 29, 2011 and stated she was a one woman show and would not be able to begin on the case until another two days. I advised her that I had obtained potential co-counsel who wanted to speak with her and if she would not have time to devote to the case to get the complaint filed in a timely manner because of the property being in a non judicial state to please refund my deposit so that I could obtain someone else.

A few days later Marcy Abitz emailed me stating because of my expectations and her workload that she was officially withdrawing as counsel, additionally would refund only 50% of my deposit. I pleaded with her, email after email, voice mail messages and text messages to please refund all of my deposit since she did not begin to work on the file when she stated. She claimed to have worked on the file, when I have an email from her stating the contrary, thus she resolved to refunding $750 of the $1000 because my company was a non profit and she would not do so for a consumer.

I am so grateful that I decided to pay the retainer fee for my first client in order to test Abitz Law Group's services before referring any of my other clients because several of us probably would have been out of money. Also, Marcy Abitz promised to return the borrower's mortgage douments back to the mailing address provided to her in an email during the week of Septembr 8, 2011 and to provide a tracking number. She never provided a tracking number and the mortgage documents have not been received today. The mortgage documents cost $50 for the borrower to obtain from his closing attorney in Georgia.

I filed a BBB complaint against Marcy Abitz and so far she is denying the truth and stating that she returned the mortgage documents. I did my due diligence before entering into business with Marcy Abitz and the Abitz Law Group, there was a positive rating and no ripoff complaints at the time when I checked. The first complaint was posted a day after I checked :(

Florida's Attorney General is amazing and very diligent about going after businesses who have wronged consumers, but they do not file lawsuits for individuals. So far there are three complaints here against this company that constitutes a group. I hope if there are other victims that you guys will speak out.

This report was posted on Ripoff Report on 02/24/2013 05:16 PM and is a permanent record located here: http://www.ripoffreport.com/r/Marcy-Abitz-Esq-of-Abitz-Law-Group/Hollywood-Florida-33020/Marcy-Abitz-Esq-of-Abitz-Law-Group-Loan-ModificationSue-LenderRefused-total-deposit-re-1019635. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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