Ripoff Report Needs Your Help!
X  |  CLOSE
Report: #70884

Complaint Review: Ocwen - Moss Codilis - Nationwide

  • Submitted:
  • Updated:
  • Reported By: Waldron AR
  • Author Confirmed What's this?
  • Why?
  • Ocwen - Moss Codilis Nationwide U.S.A.

Ocwen - Moss Codilis ALERT DO NOT PAY ANY LEGAL FEES TO MOSS CODILIS or any of their many AKAs THEY ARE ONLY A COLLECTION AGENCY Nationwide Fraud

*Consumer Comment: Go get 'em Robin!

*Consumer Suggestion: OCWEN, Moss Codilis. Robin Is RIGHT!

Show customers why they should trust your business over your competitors...

Is this
Report about YOU
listed on other sites?
Those sites steal
Ripoff Report's
content.
We can get those
removed for you!
Find out more here.
How to fix
Ripoff Report
If your business is
willing to make a
commitment to
customer satisfaction
Click here now..

After further investigation into Moss, Codilis, "Moss Pite & Duncan, "Codilis & Stawairski and all the other monikers this supposed law firm has used, I have some interesting news.

It seems that the attorney's listed on the letterhead do not work for the law firm they claim to work for! I do not know if they made a rental agreement with legitimate firms to use those names or if they appropriated them without the knowledge of the firms. I am sure that will be sorted out in due time.

What they have done illegally is practice law in states where they are NOT licensed, (a felony unauthorized practice of law in many states). Since these lawyers were simply masquerading as a law firm they are not entitled to legal fees at all!

By charging legal fees when it is simply a collection agency owned by lawyers, it has broken criminal codes as well as Rules of Professional Conduct/Responsibility sections: Rule 5.5 {Unauthorized practice of law].

The individual lawyers and the real law firms listed in the margin of the Moss Codilis letterhead have each broken the following:

Rule 1.2(d) [Fraudulent advice to client OCWEN];
Rule 1.8(a) [Entering into business with client OCWEN];
Rule 1.16(a)1; Rule 1.16(b)(1) and (b)(2) [Using lawyer's services to perpetrate a crime or fraud];
Rule 3.3 [False Statement to Court];
Rule 4.1 [False statement to third party];
Rule 4.2 [Communication with a person known to be represented by a lawyer];
Rule 4.4 [Respect for rights of other persons]; Rule 5.3 [Supervision of nonlawyers];
Rule 5.4(a) [Sharing legal fees with nonlawyer];
Rule 5.4(b) [Forming partnership with nonlawyer i.e. Ocwen & Moss];
Rule 5.4(d)(3) [Illegal to form partnership where nonlawyer controls lawyer, i.e Ocwen controling Moss];
Rule 7.1 [False comunication about lawyer's services];
Rule 7.5(b) and (d) [Firm Names and Letterheads];
Rule 8.4(a), (b) and (c) [Misconduct].

(This info can be found using a Google search under "Rules of Professional Conduct".)

Anyone who has gotten a letter from these sharks needs to immediately write a LETTER (no phone calls, no emails, must be US Postal Service.) back to this purported law firm.

In this letter REFUSE to pay Moss Codilis illegal attorneys fees. Point out in this letter to Moss Codilis that it is NOT a real law firm and that bar complaints are being filed with each of the courts and district attorneys in each state listed in the margin on its letterhead regarding the misconduct of the listed attorneys to ask that they lose their licenses for unethical and criminal violations. (I would use certified mail, return receipt requested. You may use your own judgment as to mailing).

File written complaints to all the entities listed on the letter you have received. Write, write, write; annoying, I know. But completely necessary. All legal business is done in writing. Keep all letters you have received from this bunch in case you need copies later.

DO NOT, now or EVER, pay the scum-suckers a red cent! They are practicing fraudulently! If Ocwen or Moss continues to harass you by phone, tell them that you know of this secondary scam they are using to try to get your homes. Tell them to never call you again!

Heads are gonna' roll and these attorneys' licenses might as well be hanging in the outhouse. That is the only place those licenses will have any value!

I hope Ocwen holds the note on the outhouses, too!

Robin
Waldron, Arkansas
U.S.A.

This report was posted on Ripoff Report on 11/03/2003 04:16 PM and is a permanent record located here: https://www.ripoffreport.com/reports/ocwen-moss-codilis/nationwide/ocwen-moss-codilis-alert-do-not-pay-any-legal-fees-to-moss-codilis-or-any-of-their-many-70884. 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

Search for additional reports

If you would like to see more Rip-off Reports on this company/individual, search here:

Report & Rebuttal
Respond to this report!
What's this?
Also a victim?
What's this?
Repair Your Reputation!
What's this?

Updates & Rebuttals

REBUTTALS & REPLIES:
0Author
2Consumer
0Employee/Owner

#2 Consumer Comment

Go get 'em Robin!

AUTHOR: Tim - (U.S.A.)

POSTED: Tuesday, November 04, 2003

Robin, you are my idol. Let me add, for the sake of whomever it may concern, that often times legitimate attorneys acting on the behalf of collection agencies will attempt to collect attorney's fees that they are not entitled to. Here is an excerpt from the FDCPA:
*****
A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt... the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
*******

And here is an excerpt from an FTC official's letter interpreting this clause:
*******
We have interpreted this provision to permit collection of such charges if they are provided for in the debt contract and are not prohibited by state law... If, however, they are prohibited by state law, they are not permitted by the Act, regardless of what the contract says.
******

Don't ever assume that just because an attorney tells you that you owe him legal fees for a collections action that you actually do. If the underlying debt is substantial, such as for a mortgage or other bank loan, you probably signed a contract authorizing such fees, but even that doesn't mean that your state's law allows for them. If the underlying debt is small or for a service (such as an emergency room visit) you may not be required to pay your opponent's legal fees, but they may tell you that you are nonetheless. If the debt owed is so small that it could only be litigated in a small claims court, many states would disallow the collection of attorney fees because, even if contractually permitted, the presence of attorneys is either optional or outright forbidden in most small claims courts.

Unfortunately, the easiest way to figure out if you actually owe attorney fees to your opponent is to hire a lawyer. But other methods might work as well, such as contacting your state bar, attorney general, or the FTC. Don't take my word as competent legal advice and end up shirking a debt that actually is legitimate, but don't be too hasty to pay fees that you think are questionable either.

Respond to this report!
What's this?

#1 Consumer Suggestion

OCWEN, Moss Codilis. Robin Is RIGHT!

AUTHOR: Kweku - (U.S.A.)

POSTED: Monday, November 03, 2003

Based on my own (continuing) investigation, I am sure, and have so asserted in recent oral statements in the Hanson v. Ocwen lawsuit (and my lawyer has alleged as much is a number of pleadings on file in the Hartford Courthouse) that Moss Codilis is NOT a legitimate law firm.

Which means that entity has engaged in illegal, actually criminal, unauthorized practice of law in every state where they have sent a collection letter to a consumer in which letter they have sought attorney's fees. or in every case where their "employees" have harrassed borrowers and demanded exorbitant attorney's fees just to cure an allegedly defaulted debt.

Of course, in the spirit of true consumer advocacy, Robin has apparently further researched the matter and identified specific apparent violations of the Disciplinary Rules which govern ALL lawyers (myself included). Kudos to Robin, whatever your connection (or lack thereof) is to this Ocwen scandal.

I have vowed on my lawyer's oath to file formal complaints with the bar authorities in several states about this unauthorized practice of law by this Moss Codilis entity which is allegedly based out of Englewood, Colorado and operates oout of Ocwen's Orlando facility. I have also promised to file complaints against Moss Codilis for illegally splitting attorney's fees with Ocwen (if indeed it is a real law firm).

It is time someone called a bat a bat, even if Halloween is over! And I hope all the victims ACT on the information, as I will myself!

Respond to this report!
What's this?
Featured Reports

Advertisers above have met our
strict standards for business conduct.

X
What do hackers,
questionable attorneys and
fake court orders have in common?
...Dishonest Reputation Management Investigates Reputation Repair
Free speech rights compromised

WATCH News
Segment Now