Marilyn Scheer Law Group PC Marilyn Scheer Law Group LLP Mortgage Modifications scam Irvine, California

Below is an email chain with Marilyn Scheer and her "refund department".  She has been vigilantly refuting my claims against her this evening and you'll see how quickly she decided to hold my unemployment against me.  My personal information has been redacted.  Please note the email correspondence is in reverse order.

From:  Marilyn Scheer
[mailto:mscheer@scheerlawgrouppcca.com]

You are outrageous and a jerkthats all I can saywith a mouth just like Charlie Sheen.  Do not make threats against methats blackmail and defamatory in and  of itself for which there are penaltiesyou dont get to insult and defame my staff just because you have nothing  better to do. Your file will be reviewed in due course.  What is your profession or do you have one?

From: REDACTED

Sent: Wednesday, April 06, 2011 10:36 PM
To: Marilyn Scheer
Cc: Sarah Neilson
Subject: Re: Refund Request for REDACTED

No one at the bank mislead me--unlike your firm.  How can you possibly claim to know what your staff
did or didn't say on the phone to prospective clients?  Do you record the calls?  I am only disgruntled because your firm clearly misrepresented the scope of ability to take my money into trust.  I have tried to be reasonable with you and am honestly shocked that you have so much time to respond to emails to protect money which is not  yours.

I went with Bank of America because they provided me with the best rate on an unoccupied development.  I have been using them for credit card services since they acquired MBNA and have never had this level of dissatisfaction with them in the past.  I was unable to obtain a modification from them because their system is intentionally circular and each of the three divisions points fingers at the other.  This was exactly the reason why a pitch on dealing lawyer to lawyer (you do represent your firm as a law group) appealed to me.

When's the last time you tried to find another position paying $120k+/year without stealing the money of people in dire straits?  It's tough to come by legitimate employment at that level and for someone who supposedly takes pride in what you do you are quick to point the finger at your clients.  Sounds like you've been doing this for a while.  "Yes, I get the picture."

You have until Friday to give me the FedEx number of my return check or I unleash a barrage of truth upon your firm, Charlie Sheen style.  I will also be filing in Los Angeles Superior Court for remedy and will be following through on my complaints with the FTC and CA Bar Association.  If you continue to fail to provide me with my refund I will find an attorney who will organize a class action suit against you because if you fail to get me my money then I would prefer to see someone else take you down and receive less of it in return.  Let's see if my friends at the LA Times, LA Downtown News, and local TV outlets are interested in exposing your firm.

You chose the wrong individual to swindle, bottom feeding troll who preys on people at their most vulnerable.

On Wed, Apr 6, 2011 at 10:15 PM, Marilyn Scheer <mscheer@scheerlawgrouppcca.com> wrote:

We will check your file very carefullyno one told you it is lawyer to lawyer- 

You know very well  as does everyone else, the negotiations are not conducted between attorneysif that were the caseeverything would be much more expensive.  You are a disgruntled client who likes to feed fuel to the firebelieve me, I know your type

You are so unrealisticdo you know how much it costs to sue for defamationand what would I get out of it.  Most of the claims made are anonymous.

Few people put their names to anythingthat would be a full time jobanyone who does anything  to try and help people gets smeared for not being good enough. You apparently have ample time on your hands to write extensive emailsI am surprised at how knowledgeable you are that you could not get a modification on your own or why you went with Bank of America in the first place.  Did someone at the Bank mislead you.  The problem in our society is that no one takes responsibility.  It is always someone elses fault.  Are you still unemployed? With a disability?  Yes, I get the picture.
 
From: REDACTED
Sent: Wednesday, April 06, 2011 10:07 PM
To: Marilyn Scheer
Cc: Sarah Neilson

Subject: Re: Refund Request for REDACTED

Actually, I provided everything that accompanies the electronic submission for a standard 1040 return.  There were no additional schedules filed for my return and the IRS didn't seem to have any trouble with it.  So, no, I am not aware of what schedules were missing which is why I requested that update.  If
you needed the supporting documents to accompany the numbers posted in the tax document (such as W2s, dividend statements and mortgage interest) why didn't your team simply ask for that rather than stating the tax return is incomplete?  You no longer need to submit those with the return thanks to technology.

Jeremy, Jeannette and Adriana all claimed that the benefit of working with your firm is that is is lawyer to lawyer and they used my previous experience of not getting anywhere through the standard channels as support for why using your firm would benefit me.  Anyone seems to be able to say anything on the
phone with your company, so you should be careful not to smear what people put in writing.  If you have such an issue with what people write you should sue for defamation and have the invalid information eradicated.  As you are an attorney it would not be difficult or costly to get the proper court
orders for take downs on the various sites which are now bashing you.  It seems far more likely that the claims are true and as your company has more and more clients who run out of patience or catch onto your misrepresentations they decide to take it public.

Again, I assure you I was completely up front and honest with my representations of financial status.  Your firm has received ALL of my information and all of my mortgage, credit card and bank statements for the better part of six months.  Your team was well aware I was on disability when we started and that was another point of contention as your Jeannette and Adriana both insisted I needed to obtain a letter outlining when disability would conclude.  CA EDD does not provide any updates, only a payment
history as disability conclusion is determined by the doctor or the exhaustion of benefits, not by the state.  I had to get a three-way call to happen in October to get your staff to back down from the impossible request.

If you come back with anything other than a full refund you will find yourself in court.  As it stands I am close to filing a complaint with the CA bar association and with the FTC for false advertising.  I highly recommend you find the time to properly review my information as my patience is officially exhausted.  Do the right thing and return my fees and move on to helping the people with whom your associates properly represented your services.

On Wed, Apr 6, 2011 at 9:45 PM, Marilyn Scheer <mscheer@scheerlawgrouppcca.com> wrote:

No, I dont buy what you say at allfor exampleyou know very well the schedules accompany a tax return and you did not provide them.  How should my  staff know what schedules you were supposed to have except for the mortgage interest schedulewhich if own real estate, of course would be a part of your tax return;
 
We constantly must update lenders with docs because they lose track of them; instead of fighting with the lender, we just send them again.

Since B of A is the largest lender and we  have obtained many modifications for borrowers of that bank, I cannot quite agree with you, although I am no fan of  B of A..

We knew all about deferments etc.no one here said we deal with the banks attorneysthat is just not so. We deal with many of the lenders inexperienced and non-seasoned staffone of the reason the process takes so longno one at a lender (any big organization) wants to be responsible for saying yes. It is always easy to say no.    The process can take 3 or 4 months with some lenders, but not Bank of Americaand things got slower with B of A because they kept buying up other banks bad loan
portfoloios.

As far as the Internet, anyone can say anything about anyone to smear them when they dont get their wayand people do without any adverse consequencespeople can be very mean and selfish, especially in our very me, me culturewhen they submit false information trying to hide cash, and cover up they have received previous modificationsthe list goes on and on. If you think all of this firms clients are truthful in what they tell us, you are sadly mistaken and that is coming out now.  That is
why I do the independent reviewI have learned the hard way. 

Again, you can be sure we will be reviewing your file very carefully.

From: REDACTED
Sent: Wednesday, April 06, 2011 9:31 PM
To: Marilyn Scheer
Cc: Sarah Neilson

Subject: Re: Refund Request for REDACTED

Ms. Scheer,

My communication is not self-serving, it is factual and properly expresses the level of frustration I am currently at with regards to the service provided by your firm.  When I started with your firm it was in early August 2010 and I was on disability.  There was no program available for disability at the
time.  My disability turned into unemployment beginning mid-November at which point the only program for the unemployed was a six month deferment--which I had to bring to the attention of your uneducated staff.  The only reason I took a chance with your firm was because they were recommended by a local radio station in a personal ad, which was supposed to be truthful.  I had also been fighting with BofA for more than seven months for a modification which was supposed to go into trial period or be rejected within 45 days according to federal guidelines.  I was specifically told by your sales team, on multiple occasions, that the process should not take any longer than 60-120 days because your team deals directly with the bank's attorneys.  This was yet again another misleading statement.

Your team continuously asked for the same documentation, over and over and accused me of not providing a complete tax return because it was only 2 pages long.  I asked them to provide me with the schedules or forms that were missing and I was advised they did not know, they only knew it was incomplete.
 
Do you understand how ridiculous that statement is when coming from a so-called expert???  In total, the bank received seven intake packages for my case and with each new package they started the process over.  Now, I only sent them two so please explain why your team chose to repeat the beginning of the process on a continued basis?

I am not expecting a crystal ball or for you to read the future, rather I expected an upfront, honest and valid assessment of my situation and the abilities of your firm.  It is evident, based on my experience with your firm, the aggressive stance you are taking regarding the return of my fees when your firm was unable to provide assistance as indicated in the sales process the negative feedback now visible on the internet, that you never seek to provide assistance--rather you look to just be more patient than your
clients.  Your biggest mistake in this scenario is in taking on any BofA mortgages as they are more negligent than your firm.

I already responded to both you and Ms. Neilson earlier this evening stating I am available all day tomorrow and Friday.  We need to resolve this before I am left with no choice but to escalate further.

Best regards,

REDACTED

On Wed, Apr 6, 2011 at 8:26 PM, Marilyn Scheer <mscheer@scheerlawgrouppcca.com> wrote:

You send a very self-serving and distorted account of your relationship with this firm and that is a red flag to me to carefully review your file.

There are no hard and fast dates for repayment (not refund) of the retainer and it is a repayment contingency, subject to exceptions.  We only give an estimateit depends on my work load and what order your file reaches my desk.  Why are you unemployed?  For your information, the guidelines have changed over time as to unemployment, depending on the length of time people have been on it. Rather than a supplement, people are now taking such relief as an entitlement.  You expect us to have a crystal ball as to the futurewe can give you our best assessment, thats all.  Do you hold your doctor or
Congressman to such exacting standards?  I bet not, but for a few thousand dollars we are to be in constant contact with you and force your lender to give  you a low interest loan. No, what we do is help borrowers navigate through a very time-consuming and cumbersome process.  You can be sure we
have stayed in more frequent contact with you than any other firm you may have dealt with

I have a due diligence standard to adhere toso we need to discuss your file I ask for a time frame when to do it is all. 

From: REDACTED
Sent: Wednesday, April 06, 2011 6:01 PM
To: Marilyn Scheer

Subject: Re: Refund Request for REDACTED

Hello Ms. Scheer,

Thank you for the prompt response as I have not received any response in weeks.  I have been attempting to obtain refund since the beginning of January and spoke with Sara Neilson via phone in that time and then had my written refund request rejected by your server until I sent it to my case
manager and she eventually forwarded me the correct email address.  I assure you the only misrepresentations which occurred in our relationship were by your firm attempting to sell me on modification programs for which I did not qualify due to my employment status (or rather lack thereof).

Your firm repeatedly reapplied for modification rather than allowing the process to complete and my modification to be rejected by BofA.  This did not help me in any way and only limited my choices as there are still home retention options available after you are rejected for a modification.  I have attempted to be reasonable and patient with your firm.  Am I now to understand that I will have my refund by April 30, 2011--60 days after my successful email to Jeannette Barcanas, or 60 days from my phone call where Sara Neilson authorized my refund back in January?  I have been voicing my displeasure with the communication and capability of your firm with your staff since the beginning of November and then finally had enough information to prove my home was never eligible for the programs I was sold on in late December at which time I moved forward trying to obtain my refund.  While you may think this is a new request it is not and I have plenty of written communication from your agents to support my claim.

I am no longer comfortable playing the "waiting game" with your company as nothing that has been represented to me has actually happened.  Even the bi-weekly updates did not always occur and now it seems as though your entire business has ceased operations.  Any additional information you can
provide is greatly appreciated.

Best regards,

REDACTED


On Wed, Apr 6, 2011 at 5:38 PM, Marilyn Scheer <mscheer@scheerlawgrouppcca.com> wrote:

Your alternative is to pursue arbitration if there is an issue as per the Dispute Resolution provision of the
retainer agreement.   I know you were informed that it takes approximately 60 days from receipt of the repayment request, because every file is reviewed independently to make sure no mistakes were made or that no other relief is possible. Repayments are not automaticI also must be sure that payment of the whole retainer was made. Some people who have given us NSFs still expect repayment of the entire amount.  In addition, I must check to make sure  that none of the exceptions apply.  This all takes time
and I deal with the files in the order they are received. 

From: REDACTED
Sent: Wednesday, April 06, 2011 4:37 PM
To: Marilyn Scheer

Subject: Re: Refund Request for REDACTED

Call me to advise on my refund status.  REDACTED.  This is the final request for refund you will receive before I pursue the matter in the press and through small claims court.

On Thu, Mar 31, 2011 at 6:41 PM, REDACTED wrote:

It has been more than three weeks since my refund request was acknowledged in writing, more than a month since I provided the written request as instructed, and nearly three months since I spoke with management about receiving a full refund and I have yet to see any progress on this.  Please provide the status of returning my funds from trust in full.

On Fri, Mar 25, 2011 at 10:51 AM, REDACTED wrote:

Hello Ms. Neilson,

I was advised nearly three weeks ago that you would be handling my refund.  Please advise.

REDACTED

On Mon, Mar 7, 2011 at 10:46 AM, Jeanette Barcenas <jbarcenas@scheerlawgrouppcca.com> wrote:

Your file is being transferred to Sarah for refund request. You will need to follow up with her ext 202

Thank you,

Jeanette Barcenas
Case Assistant
Scheer Law Group
2082 Business Center Dr. Ste. 235
Irvine, CA 92612
Office: 877-226-0529 ext. 216
Direct Fax: 949-419-3501
Email:jbarcenas@scheerlawgrouppcca.com
Website: www.scheerlawgrouppcca.com

REDACTED

From: REDACTED
Sent: Friday, March 04, 2011 6:52 PM
To: Jeanette Barcenas

Subject: Refund Request for REDACTED

See attached signed request per instructions of Sarah Nielson.  You have 10 business days to respond.