Report: #1009618

Complaint Review: Attorney Frank Barilla (Westminster California)

  • Submitted: Tue, February 05, 2013
  • Updated: Tue, February 05, 2013
  • Reported By: Peggy — Flagstaff Arizona United States of America
  • Attorney Frank Barilla (Westminster California)
    2861 Pullman
    Santa Ana, California
    United States of America

Attorney Frank Barilla (Westminster California) Filth*Scum*Liar*Conartist Santa Ana, California

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The Law Firm offices of Frank Barilla

My Experience with:


I requested the discontinuation of my contract with The Mortgage Law Group and the Attorney office Frank Barilla Iam requesting a refund of monies paid of $5,770.00. I signed up with TMLG for loan modification services which was to include legal representation , negotiation, and Foreclosure protection with the mortgage lender which is a Fannie Mae loan serviced by Seterus. I paid upfront fee of $1799.00 for the first month on August 30, 2012. I also paid monthly fees of $795.00 for the next five (5) months until I cancelled automatic withdrawals from my bank account in February. I could not afford to pay both the mortgage payment and TMLG and I was at the end of all my savings and thus in definite hardship to obtain a loan modification , for which TMLG said I qualified. Thus starting in September of 2011, I had to discontinue making mortgage payments and in hope of achieving a long term loan modification for my home which was underwater 50% and 6% interest rate, and the fact that I lost my job and income other than unemployment.

The reasons I am discontinuing this contract with TMLG and requesting a refund are numerous and not inclusive of the examples I will list below. These demonstrate a behavior pattern of negligence that essentially provided me with no actual representation nor any legal presentation and no Foreclosure protection. I went from sending copies of documents to the Processing Dept. for two months (Sept.& Oct. 2011). I was told all needed documents had been received by Seterus (the servicer of the loan). During the month of November 2011 the only information I received was that it was being worked on.

Then on December 9th, 2011, I received notification via mail from Seterus and a local law firm of my impending Foreclosure. As part of the Agreement with TMLG , I was not to have any direct contact with Seterus. All communication with the lender would be through TMLG; and, Seterus was not to communicate with me. I was instructed to send any communications to Seterus that I received from Seterus. Thus it came as a shock that there was no information from either party during the months of Oct.-November 2011. Then on Dec. 9th I received notification of impending Foreclosure. Over the next week I tried to reach someone at TMLG to discuss this and what actions I needed to take , if any. On December 15th, 2011 I did Processing regarding the Foreclosure. I was told that TMLG was working with Seterus for a Forbearance. I asked if there had been any involvement or negotiation with one of the attorneys, if not could I have a conversation with Frank Barilla but they said he was sick .......

It was January 3rd, 2012 when I reached him via phone. He said he was not familiar with my file, but told me that I did not qualify for HAMP and that I should just accept the fact that I was going to lose my home. I replied that I didnt need to pay the law firm every month to just accept the fact that I was going to lose my home. He said he would review the file and get back to me.I never heard from any or any other attorney since.

On Jan. 24th, 2012, I received a final notice of Foreclosure indicating a Sale Date of March 22nd, 2012. During all this time there had been no communication to me or any discussion of or written proposals for even a Forbearance consideration. This same day I faxd this notification to Denny Lake and called him asking why there had been no action or knowledge that TMLG was doing anything on my behalf with the lender. I could no longer reach anyone in Processing.. my phone calls & voice messages remained unanswered. From Jan. 3rd to Feb. 4th,

2012, I was being told that TMLG was waiting for a proposal from Seterus. I told them I had not received anything.

On February 7th, 2012, a three-way phone conversation was set up between me, Seterus, and TMLG Processing.. this was set up upon my calling the Para-legal ,who had sent me papers to fill out , which I thought were to put a hold on the Sale Date. She got me in touch with someone in Processing.. then it was N.R. who set up the call with Seterus. On this call it was
revealed that Seterus had requested more updated documents but no one at TMLG informed me of this. So I sent the
required documents within the next 24 hrs.; I sent them to TMLG who sent them to Seterus.

On February 8th, 2012, I received a Foreclosure & Sale date notification from the a local law firm.

The next action was the 2nd 3-way phone conversation with Seterus. My instructions were to call in to Processing
at a specified time. I called several times.then was told the designated person to handle the conference call was off this day.

Another employee stepped in and proceeded to set up the phone conference call. Seterus stated that in there system it showed that the last contact between Seterus and TMLG had been on Feb. 7th. Seterus said there had been no offer of a Forbearance Agreement because of my unemployment status. Which I had been unemployed since May of 2010. So why am I now , after all I have been through and paid for modification assistance to find out that I did not qualify until I had permanent income!!

My age now at 64 years old was making the possibility of finding sustainable income was becoming futile. I stated that I would be signing up for Social Security at the age of 65 y.o. in August.

Then Seterus requested an upfront payment of $25,000 or a 25% payment of $5,850to be wired to Seterus with 3-4 days in order to postpone the Sale Date. This would make me eligible to another review with no guarantees that a Forbearance
would be issued. It was revealed on this call that TMLG had previously received a Forbearance offer some time ago.and
that it went ignored.. no response to it was received by Seterus. I had no knowledge that this first offer was even made.

On Feb. 28th ,2012, I tried to talk to Seterus myself, but was told that I could only obtain information on my loan through TMLG. They had been instructed not to communicate with me.

On Feb. 29th I received a call from TMLG to give me instructions on wiring the $5,850 payment to Seterus. I did this and
sent a copy of the receipt to TMLG via email attachment. On March 6th I called Processing because I had no news since wiring the money to Seterus. Processing told me they never received the communication from the Calif. office that the money had been wired to Seterus. I was then I was not to contact anyone from the office in the future.

On March 14th I was still unable to reach anyone in Processing . No returned calls from my voicemails regarding the urgency of the impending Sale Date for March 22nd. I met with a local attorney firm who helped me postpone the March 22nd Sale Date. This action cost me $650.00 but it gave me peace of mind to postpone this impending date. I later learned that Seterus had sent TMLG a Forbearance Agreement dated March 8th; I was not contacted nor did I receive a copy until March 22nd with instructions to mail the 1st Forbearance payment of $2,405 and a notarized signed copy of the Agreement.

I sent a Cashiers Check to Seterus on March 27th for the first Forbearance payment. The Forbearance Agreement is for three (3) months of April, May, & June. The last communication I had from TMLG was when I called TMLG for verification that Seterus had received the Forbearance payment and signed Agreement. I was unable to reach my representative, but someone else in Processing did call me back to verify this.

As of May 4th I have no communication from either TMLG or Seterus. I mailed the 2nd and 3rd Forbearance payments , and confirmed with my bank that the payments have cleared the bank. On May 9th I called TMLG and spoke to my Rep. as to what the plan might be after the 3rd June payment is made. What might I expect from there any action or communication on-going with them as to what proposal for a modification might follow after I sign up for Social Security to be effective in September. I was told that Seterus would contact me directly..TMLG would not be involved. I would have to respond to Seterus as to what their offer might be. I did not know whether to expect any further involvement from TMLG.

Due to all the above accounts of negligence, lack of service, lack of communication, lack of legal representation, false claims of their service, and lack of response to Seterus for which I had to pay $5,850.00 for a reconsideration for Forbearance from Seterus , I feel justied to request a refund.

I want to be refunded monies I paid to TMLG. They provided nothing to me that I could not have done myself. There fees were to obtain a true loan modification with legal representation and negotiation and Foreclosure protection. I received none of this. I have been ignored, deceived, and put through unnecessary agony and stress over the Foreclosure and Sale Date that could have been avoided. Not to mention the additional money I had to pay Seterus for reconsideration of a Forebearance because TMLG lost or ignored the first offer. The fees I want reimbursed total the $5,770.00 and the $5,850,00 fee paid to Seterus to re-open my case because TMLG lost or ignored the first Forbearance offer. This totals $11, 620.00. I want a response to this request within ten (10) days , or by June 10th, 2012. After all these months with TMLG I have achieved absolutely nothing in the progress to obtain a loan modification and been put through unnecessary grief and loss of monies paid to and to Seterus due to TMLGs negligence. If this is reimbursement of monies paid is not honored , I am prepared to contact the federal Finance & Consumer Protection Agency and register a complaint against TMLG and send a copy of this letter to them.

One month later I still have received no response from TMLG to my letter otherthan a phone call asking me to delay reporting
of this experience for two days weeks later there still has been no response.

This firm needs to be exposed so more desperate people trying to save their homes are not swindled by these scam and have many other satellite operation around the United States.

artists as if we have not already been victims of the banks & mortgage industry.
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This report was posted on Ripoff Report on 02/05/2013 11:08 PM and is a permanent record located here: 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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