About Shaffer & Gaier

Here are my most recent posts

Loan Modification Jury Trial Against Well Fargo

November 19, 2015 By

I just wrapped up a jury trial in New Jersey Federal Court against Wells Fargo. The litigation was lengthy and complicated and is hard to summarize in a blog.   It was settled during closing arguments after A LOT of time and energy went into it—Wells Fargo, as usual, was represented by Reed Smith.   In 2009, my clients were current with their mortgage, but asked Wells for a refinance.  Instead they were pushed into applying for a loan modification so long as they paid an up-front fee of $2,415.  One more thing—Wells said that they’d have to be delinquent in their mortgage to qualify (I’ve heard the same thing from many of my clients).  My clients thought that sounded strange, but followed Wells’ representatives instructions. They paid the $2,415 application fee and stopped paying their loan.

Wells also told them, and then wrote to them, that the fee would be returned to them if the loan modification was denied.  Which it was a few months later—but Wells never returned the money.  Wells then confused my clients’ paperwork with others, but told my clients that they’d keep trying to get them a loan mod.  While this was happening, Wells filed a foreclosure lawsuit against my clients, but didn’t even notify them of that important event until 2 months later.  Wells eventually denied the loan modification, and then took a foreclosure judgment.  Wells was lining the home up for Sheriff Sale when my clients retained me.  I got Wells to hold up on the Sheriff Sale, and then I filed the federal court action for NJ Consumer Fraud for 1) not returning the $2,415 and 2) for foreclosing when they should’ve been working with my clients to modify their loan.

The end result was that Wells and my clients agreed to a modification and Wells agreed to pay a confidential sum of money to settle the case.

Avoid Foreclosure by Modifying Your Mortgage

When you hire us to help you with a loan modification, we will become your voice in all dealings with your lender. If we are unable to immediately get the process moving with loan or bank officers, we will work directly with attorneys for the bank to get the modification process moving forward. We have a comprehensive understanding of the programs available to help you refinance or restructure your loan and avoid foreclosure. We will carefully evaluate your circumstances to determine what programs you qualify for, and we will explain your options as well as the benefits and consequences of different strategies.

Contact Our Office

To set up an appointment, call our foreclosure hotline at 855-289-1660 or contact us online. Your first consultation is free of charge. Evening and weekend meetings can be arranged upon request. We will travel to your home if necessary to meet with you.

 

Filed Under: Current Events, Loan Modifications, Mortgage Modification, Mortgage Refinance Tagged With: , , , , , , , ,

The Different Ways a Personal Injury Claim Can Be Resolved

October 28, 2015 By

So you have been hurt in an accident caused by the carelessness or negligence of another person. Do you have to file a lawsuit to get compensation for your losses? What are your options?

You Can Settle

This is actually the path that most personal injury claims take. Typically, you will retain an attorney, who may or may not file a lawsuit, but will immediately identify all potentially liable parties and contact legal counsel to initiate the process of obtaining a financial recovery. In cases where liability is clear, it may not be necessary to file a lawsuit. In other instances, that may be the only way to move toward a settlement. Once the parties come to an agreement on the terms of a settlement, that agreement is put in writing, signed by all parties, and becomes enforceable in a court of law.

Alternative Dispute Resolution

This broad term customarily encompasses both mediation and arbitration.

In mediation, a third party neutral becomes involved, working cooperatively with both parties to identify a mutually beneficial outcome. If the parties come to an agreement in mediation, they put that agreement in writing and it becomes an enforceable contract. The mediator, though, is not a judge and does not make a determination of liability, but only seeks to facilitate a resolution.

In arbitration, the parties present their case to a person or panel of individuals who have specialized knowledge or the legal and/or factual issues involved. The arbitrator(s) will make a decision regarding the outcome of the dispute, which may or may not be binding.

Litigation

The traditional legal process involves an adversarial proceeding before a judge and jury. The actual trial customarily takes up only a very small amount of time…a day or a few days, but the pre-trial period can be months or years. The court will typically order a period of time during which the parties can gather evidence, and will make many rulings in advance of trial, addressing such issues as the admissibility of certain evidence, what exhibits will be allowed, and how the jury will be instructed. In the actual trial, the plaintiff presents evidence first and the defense has an opportunity to challenge or refute any evidence or testimony given. It’s not unusual for the parties to enter into serious settlement discussions after the trial has begun.

Contact the Lawyers at Shaffer & Gaier

For a free initial consultation, contact us online, or call us in Philadelphia at 215-751-0100 or in New Jersey at 856-429-0970. You can also reach our foreclosure hotline at 855-289-1660. Evening and weekend meetings can be arranged upon request. We will travel to your home if necessary to meet with you.

Filed Under: Personal Injury Tagged With: , , , , , , ,

Home Health Care Workers Not Receiving Full Wages They Are Entitled To

September 23, 2015 By

Our firm is investigating possible claims by home health workers who have not received their full wages as mandated by Federal and State Law. Many class actions have been filed in other states against their employers because the home health care workers were paid on a “fee basis” when they were entitled to hourly and overtime pay for their work .

We are interviewing potential clients from both Pennsylvania and New Jersey who may have not received their entire wage under both State and Federal law. Some of these employers include the following companies:

  • Almost Family-growth-oriented, multi-regional provider of home health care and personal care services
  • Apria Health  Care-the largest diversified provider of home health services in the United States, focused on home respiratory therapy, home medical equipment and home infusion therapy
  • Community Health  Systems-at $13 billion in annual revenue, one of the nation’s largest publicly traded hospital operators, with home health care and hospice units
  • Lincare-nationwide oxygen, respiratory, home infusion and durable medical equipment company, now based in Germany
  • LHC Group-multiregional provider of home health, hospice services and hospital and institutional services
  • National Healthcare  Corp.-publicly traded operator of long-term health care centers, with associated assisted living and home health care services
  • Rotech-Orlando-based national respiratory care company, currently under Chapter 11 bankruptcy protection
  • VITAS-a division of publicly traded Chemed, one of the largest hospice providers in the United States
  • Bayada Nurses- Mount Larel, NJ
  • American Homepatient
  • ATC Healthcare, Inc.
  • Chemed Corp.
  • CHG Healthcare Services
  • Genentech
  • Loving Care Agency
  • Matria Healthcare

Contact the Lawyers at Shaffer & Gaier

For a free initial consultation, contact us online, or call us in Philadelphia at 215-751-0100 or in New Jersey at 856-429-0970. You can also reach our foreclosure hotline at 855-289-1660. Evening and weekend meetings can be arranged upon request. We will travel to your home if necessary to meet with you.

Filed Under: Current Events, Wage and Hour Law, Wage Discrimination Tagged With: , , , , , , , , ,

Homeownership Obstacles

August 25, 2015 By

There are many obstacles that stand in the road to homeownership. Prospective buyers need to take many preventative measures to ensure their deal. A simple precaution a buyer can take is evaluating all financial information with their lender. Any surprises could disrupt the lending process. Another step to take would be not to make any major purchases when the deal is being closed. This is because lenders can recheck the buyers credit history right before closing, and any new credit obligations may cause for concern.

In today’s competitive market, buyers must obtain more than just pre-approval, but also obtain a loan commitment. A loan commitment is a guarantee that the needed money will be made available to the buyer. This commitment can help ensure the buyers success in this competitive house market.

Contact Shaffer & Gaier – Protecting Homeowner Rights

The law firm of Shaffer & Gaier protects the rights of those who are facing foreclosure or seeking mortgage modifications in New Jersey and Pennsylvania. To set up a free initial consultation, contact our office online or call our foreclosure hotline at 855-289-1660. Or call our office location in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970.

Filed Under: Foreclosure, Foreclosure Defense, Home Owners, Homeownership, Mortgage Lending, Mortgage Modification, Mortgage Refinance, Uncategorized Tagged With: , , , , , , , , , ,

SoFi and Online Mortgage Lending

August 24, 2015 By

SoFi – How Millennial Usage of Online Mortgage Lending is Changing the Home Lending Landscape

A young couple each in their early 30’s found themselves buying a house outside of San Francisco. Being first time buyers, they searched for sources of financing on the Internet. Online they found a lender called social finance (SoFi). They received pre-qualification in 15 minutes and then got the documents for pre-approval and submitted a formal offer within a week. Because of SoFi’s simplicity, they were able to easily close on their new home.

Large groups of millennials are changing the mortgage industry because more and more lenders are using technology that enables borrowers to submit documentation online. This allows more non-bank start a blenders to compete in the mortgage industry and it also gets mortgage brokers out of the mix (who many blame on the crisis of the last decade) . Online lenders like SoFi are so appealing to millennials because of their online tools and fast closing times. Borrowers feel much more in control of their financial status due to the DIY system provided by online lenders. This freedom is what banks are unable to match.

Contact Shaffer & Gaier – Protecting Homeowner Rights

The law firm of Shaffer & Gaier protects the rights of those who are facing foreclosure or seeking mortgage modifications in New Jersey and Pennsylvania. To set up a free initial consultation, contact our office online or call our foreclosure hotline at 855-289-1660. Or call our office location in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970.

Filed Under: Bank Loan Modifications, Current Events, Foreclosure, Foreclosure Defense, Home Owners, Homeownership, Mortgage Lending, Mortgage Modification, Mortgage Refinance, Online Mortgage Lenders, SoFi Tagged With: , , , , , , , , , , , , , , ,

The Home Affordable Modification Program’s Paltry Lifeline

August 18, 2015 By

A Slack Lifeline for Drowning Homeowners

JULY 31, 2015 By GRETCHEN MORGENSON

“After Lucy Circe became disabled and could no longer work, she applied to Bank of America for a mortgage loan modification on her Vermont home. Over more than two years, starting in 2012, the bank repeatedly requested copies of documents that had already been provided, asked for proof that she was no longer married to a man she did not even know, and made other errors, like asking why Ms. Circe had indicated that she didn’t want to keep her property when she had actually told the bank she did….” READ MORE HERE.

Contact an Aggressive Foreclosure Defense Lawyer at Shaffer & Gaier Today

We provide a free initial consultation to anyone with concerns about foreclosure or who is involved in foreclosure proceedings. To schedule an appointment, call our foreclosure hotline at 855-289-1660 or contact us online. Evening and weekend meetings can be arranged upon request. We will travel to your home if necessary to meet with you.

Filed Under: Current Events, Foreclosure, Foreclosure Defense, Home Owners, Homeownership, Mortgage Modification, Mortgage Refinance Tagged With: , , , , , , , , , ,

2015 Super Lawyers Announcement

May 28, 2015 By

Shaffer and Gaier Selected as 2015 Pennsylvania SuperLawyers

Our firm is proud to announce that Michael Shaffer (PERSONAL INJURY) and Michael Gaier (BUSINESS LITIGATION) have again been selected as Super Lawyers in Pennsylvania.

We’d like to express our gratitude to our many clients that have made this achievement so professionally rewarding.

Contact the Lawyers at Shaffer & Gaier

For a free initial consultation, contact us online, or call us in Philadelphia at 215-751-0100 or in New Jersey at 856-429-0970. You can also reach our foreclosure hotline at 855-289-1660. Evening and weekend meetings can be arranged upon request. We will travel to your home if necessary to meet with you.

Filed Under: Business Litigation, Current Events, Personal Injury Tagged With: , , , , , ,

Foreclosure Settlements for Pennsylvania Homeowners

February 26, 2015 By

We recently settled two contested cases involving a family home in Bucks County, Pennsylvania. The set of facts required that I file an action against Chase Bank in Federal Court in the Eastern District of Pennsylvania and it is my belief that the Federal Court litigation is what spurred the global settlement.

My clients had owned their home for nearly 20 years and always paid their own local property taxes. My client was out of town for three months tending to her elderly mother and they missed a tax payment by two weeks. They quickly made up the late payment, but when Chase found out that it was late, Chase took it upon itself and mailed its own tax payment to the township. This then caused a domino effect of confusion, but ultimately ended up in Chase charging my client an additional $20,000 for the next year of taxes (so Chase could hold it in reserve), even though my client was always ready, willing, and able to pay the taxes. My client spent hours and days on the phone with Chase trying to explain that it was a one-time occurrence and therefore was no need to surcharge her the $20,000. She got nowhere.

While my client was trying to work things out with Chase, Chase filed a foreclosure action in Bucks County Court of Common Pleas. I responded to that lawsuit and we litigated that case for about 18 months; at the same time, I filed a lawsuit against Chase for wrongful foreclosure, claiming that my client did not breach the mortgage contract, but rather it was Chase that did. We conducted depositions and engaged in extensive motion practice, but then Chase reached out with a settlement offer which reduced the principle balance on my client’s property by $235,000. Chase, however, required that my clients pay off the mortgage in full (this is called a short-payoff) and my clients are able to do that by securing other sources of financing.

We stipulated in the settlement agreement that Chase would file a mortgage satisfaction, which was done approximately 45 days after my clients paid off the loan.

Contact Shaffer & Gaier – Protecting Homeowner Rights

The law firm of Shaffer & Gaier protects the rights of those who are facing foreclosure or seeking mortgage modifications in New Jersey and Pennsylvania. To set up a free initial consultation, contact our office online or call our foreclosure hotline at 855-289-1660. Or call our office location in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970.

Filed Under: Foreclosure, Foreclosure Defense, Home Owners, Homeownership Tagged With: , , , , , , , , ,

U.S. Supreme Court Finds in Favor of Homeowners

February 9, 2015 By

In 2007, a couple from Minnesota, Larry and Cheryl Jesinoski, refinanced their mortgage with Countrywide. Exactly three years later the Jesinoskis tried to rescind the loan by writing a letter to Bank of America Home loans, which purchased Countrywide during the housing crisis. This meant that Larry and Cheryl, through the Truth in Lending Act, had the right to cancel their mortgage as long as they did so within three years after the transaction was completed.

Yet, Bank of America tried to block the rescission and the Court of Appeals for the Eighth Circuit ruled in favor of the bank, stating that the borrower must not only give notice but also file a lawsuit within three years. However, on Tuesday Jan 13, 2015, the U.S. Supreme Court ruled in favor of the couple, with Justice Antonin Scalia interpreting the law, stating that it without a doubt requires only a notification of rescission within three years and not litigation. Please note that when a loan is rescinded, however, the homeowners often have to give the mortgage loan funds and fees back to the bank or lender.

Contact Philadelphia Foreclosure & Mortgage Modification
Attorneys Shaffer & Gaier

To set up an appointment, call our foreclosure hotline at 855-289-1660 or contact us online. Your first consultation is free of charge. Evening and weekend meetings can be arranged upon request. We will travel to your home if necessary to meet with you.

Filed Under: Bank Loan Modifications, Bank of America, Countrywide Mortgages, Foreclosure, Foreclosure Defense, Home Owners, Mortgage Lending, Mortgage Modification, Mortgage Refinance, Mortgage Settlements Tagged With: , , , , , , , , , , , , , , , ,

Wells Fargo Foreclosure Lawsuit

January 16, 2015 By

My client was offered a loan in 2007 by a broker who worked with Wells Fargo. His income at the time did not really support the loan, and he was hoping that the real estate would lift the value of his home. This, unfortunately, did not happen and over time, he was no longer able to keep up with his mortgage payments. As required by law, the bank sent a Notice of Intent to foreclose which notified my client how much he owed on the mortgage in order to make it current. Wells Fargo filed a Foreclosure lawsuit in Montgomery County Court of Common Pleas in 2010. I defended the lawsuit, and after motion practice and quite a bit of discovery, Wells Fargo withdrew the lawsuit. Three months later, however, Wells Fargo initiated a new lawsuit, again in the Montgomery County Court of Common Pleas.

Wells Fargo, however, did not send my client a new and updated Notice of Intent to foreclose before they filed the second lawsuit. After discovery, the bank filed a motion for summary judgment and the trial court granted the motion which gave the bank the right to foreclose. I argued that Wells fargo was required to send my client a new, updated Notice of Intent, and since they did not, then the foreclosure was unlawful.

I filed an appeal to the Pennsylvania Superior Court on the grounds that the lender was required to send an update Notice of intent before they filed a second lawsuit. Wells Fargo opposed the motion by claiming that it was nothing more than a formality and since the first Notice of Intent was sent, there was no need to send a revised one.

The Superior Court agreed with me and reversed the trial court’s order of summary judgment. Wells Fargo filed a motion for reconsideration which was denied on January 4th, 2015. I expect there will be an appeal to the Superior Court. The current status is Wells Fargo is attempting to take ownership of the home upon which they wrongfully foreclosed so I am considering filing a lawsuit against Wells Fargo to redress my client’s damages. -Michael Gaier

Contact Shaffer & Gaier

To schedule a free initial consultation, contact us online or call our foreclosure hotline at 855-289-1660. Evening and weekend meetings can be arranged upon request. We will travel to your home if necessary to meet with you.

Filed Under: Current Events, Foreclosure Abuses, Foreclosure Defense, Wells Fargo Foreclosures Tagged With: , , , , , , , ,
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