Monday, June 11, 2012
David Cameron Carr picked up this case summary from the June 2012 edition of the California Bar Journal:
[An attorney] was suspended for three years, stayed, placed on three years of probation with an actual two-year suspension and until he makes restitution and proves his rehabilitation and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect Jan. 12, 2012.
[The attorney] stipulated to 69 counts of misconduct in 14 loan modification cases. In each case, he violated a state law that prohibits taking advance fees for offering to perform a mortgage loan modification. He also did not provide the required statement that individuals do not need to hire a third party to arrange for a loan modification, but can call lenders directly or use nonprofit housing counseling agencies.
[He] also charged illegal or unconscionable fees, failed to account for fees, release client files or keep clients informed of significant developments in their cases, and he practiced in jurisdictions (Nevada, Florida, Massachusetts and Virginia) where he was not admitted.
He agreed to pay $35,825 in restitution.
In mitigation, [the attorney] had no discipline record in more than 62 years of practice.