Brookstone Law, PC: Negotiations Granting Banks Immunity Means Less Opportunity for Consumers Fighting Bad Loans and Wrongful Foreclosures

Recent media coverage of negotiations by state attorneys general to give major banks immunity over irregularities in handling foreclosures could end consumers’ right to fight major banks for wrongful foreclosures or fix toxic mortgages, according to Vito Torchia, Jr., managing attorney of Brookstone Law, PC.

The settlement being discussed would give the banks immunity from civil lawsuits, meaning that thousands of consumers would be without legal recourse to undo the harm caused by wrongful foreclosures and toxic loans by the banks. So it is vital that homeowners with toxic loans or wrongful foreclosures get expert legal counsel before this settlement is reached, said Vito Torchia, Jr. They need to protect their rights by being in a litigation case before the states step in and then they will have no rights.

According to media coverage, a coalition of 50 states’ attorneys general has been negotiating settlements with five of the biggest U.S. banks for payment of up to $ 25 billion in penalties and commitments to follow new rules. Three states’ attorneys general — in Iowa, Illinois and Connecticut — have been designated to handle the states’ negotiations with the banks over protection from civil suits and other issues.

The settlement would give the banks immunity from civil lawsuits by the states, as well as similar guarantees by the Justice Department and Department of Housing and Urban Development, which have participated in the talks. Officials declined to say if immunity from criminal prosecution also is under discussion. The banks involved are Bank of America, Wells Fargo, CitiGroup, JPMorgan Chase and Ally Financial with one in five mortgages in the nation currently held by Bank of America.

The Attorneys General appear to be ready to bail the banks out at the expense of consumers even as recent media coverage has documented how banks continue to file questionable documents, said Vito Torchia, Jr. This is after settlements with federal regulators promising to stop those practices and give remediation to homeowners who were harmed.

After 14 major mortgage lenders signed settlements with federal bank regulators, recent media coverage by Reuters has shown that major banks and other loan servicers have continued to file questionable documents in foreclosure cases including false mortgage assignments, promissory notes with suspect endorsements intended to prove ownership and several recent cases involving individuals who were publicly identified as robo-signers (in which lenders’ employees or outside contractors churn out reams of documents without fully understanding their content).

This settlement would be an outrageous bail-out of banks largely responsible for the foreclosure crisis, and it is obvious that it will not work in favor of consumers who have been harmed, said Vito Torchia, Jr. Consumers need to get their rights protected as soon as possible and anyone who has ever dealt with the banks knows how difficult that is to do without legal help.


Headquartered in Newport Beach, Calif., and with offices in Los Angeles, Calif., and Ft. Lauderdale, Fla., Brookstone Law, PC is a law firm comprised of attorneys with experience and success in business, corporate and personal finance, employment, entertainment and media, art and museum, intellectual property and buy phentermine without prescription real estate law. The firm has a network of more than 40 affiliate attorneys nationwide and employs highly trained specialists, paralegals, paraprofessionals and administrative staff dedicated to serving clients. For information, call (800) 946-8655 or visit the Brookstone Law website at

Consumer Protection Attorney Robert Brennan to Address the Annual Convention of the California State Bar About Remedies for False Information in Consumer Data Files

Information privacy is a thing of the past, but legal remedies to control the accuracy of information in your credit and background check reports is the wave of the future. So stated leading consumer protection attorney Robert F. Brennan of Brennan, Wiener & Assoc. in La Crescenta, Ca., about his upcoming presentation to the California State Bar Association Annual Convention in Long Beach.

Mr. Brennan joins noted consumer privacy and identity theft attorney Mari Frank, Esq. of Orange County, and Beth Givens, Director of Californias Privacy Rights Clearinghouse, on the panel. Their presentation is schedule for Thursday, September 15, 2011 at 10:30 a.m. at the State Bar Annual Convention in Long Beach.

This really is a presentation for all consumers and not just for lawyers, comments Brennan. These days, with the information brokers like Lexis/Nexis and the three major credit bureaus presuming that they own your identity, private and personal information about everyone has been sold and spread widely, usually without any consumers knowledge or consent. Realistically, no one can expect true privacy in the digital age. The real battleground will be in making sure that the information is accurate or is corrected when false information is added to someones identity. False reports of bankruptcies, evictions, foreclosures repossessions, delinquent accounts or even criminal convictions are all too common on the credit reports and background checks of so many consumers, and they really have no idea how to address the problem. Our panel is, I should hope, the first of many such panels to educate both the legal community and the community at large about how to protect your identity and how to clean up and remedy false or inaccurate information.

From what I understand, the public is welcome at the panel discussion. Attorneys need to register for the Convention but non-attorneys should be able to attend.

About Robert F. Brennan: Robert F. Brennan, Esq. and his firm, Brennan, Wiener & Associates, handle identity theft and wrongful credit report damage cases and have a track record of successfully cleaning up credit reports and also of obtaining compensation for their clients. Mr. Brennan is well known for taking this fairly technical area of the law and breaking it down into its simplicity so that anyone can themselves, without the assistance of an attorney, handle identity thefts and also clean up derogatory marks on their credit reports which do not belong there. When consumers find themselves unable to clean up their credit reports or background check reports on their own, thats where Brennan, Wiener & Associates steps in, to ensure that the wrongful derogatory credit or background check marks get cleaned up and to ensure that the consumers so affected receive adequate compensation.

For further information, contact Robert F. Brennan at (818) 249-5291 or email him at info(at)brennanla(dot).com. You can also visit his websites at or

ISLE of Capri Casinos sued for ADA Discrimination by Visually Impaired Poker Player

The Isle of Capri Casinos Pompano Park has been served with a lawsuit for allegedly failing to adhere to the Americans with Disabilities Act (ADA) guidelines along with discrimination against a visually impaired and legally blind, Philip Juarez, a Palm Beach County resident, reports, Joseph R. Fields, Jr., West Palm Beach ADA Litigation and ADA Defense Attorney.

According to the ADA Discrimination complaint filed, the Isle of Capri Casinos Pompano Park is the only casino in South Florida that refused to provide Mr. Juarez with accommodations to play poker. Mr. Juarez, has played Texas Hold ‘Em and other card games for years at other South Florida casinos.

Mr. Juarez is represented by LaBovick Law Group in the lawsuit filed by Joseph R. Fields, Jr., Esq., West Palm Beach ADA Litigation and ADA Defense Lawyer on August 31, 2011, in Federal Court, Southern District of Florida, Case #: 0:11-cv-61940-JIC. The trial date is set for early 2012.

Mr. Juarez lost his vision due to medical reasons. He started using a card reader, in an effort to not allow his visual impairment to interfere with his ability to play the game of poker. The card reader is a person who whispers the visually impaired poker players cards, cards on the table, and the approximate chip count into the ear of the visually impaired poker player. It is a widely accepted practice by casinos nationwide as an accommodation for visually impaired poker players, stated Joseph R. Fields, Jr., Esq.

The lawsuit alleges that the Isle of Capri Casinos Pompano Park refused to allow Mr. Juarez to use a card reader to play poker and to register early for their popular games, since he is unable to use the Internet due to his visual impairment.

Entertainment establishments such as Casinos must fulfill certain requirements for guests with disabilities, according to Title III of the Americans with Disabilities Act. On March 15, 2011, several new ADA regulations and guidelines went into effect. The ADA regulations provide guidance on things such as effective communication for persons with disabilities, mobility devices, lodging reservations, ticketing, service animals, and the safe harbor provision.

When the method of registration or advance registration is by Internet only, a visually impaired person can be at a disadvantage in the registration process. The ADA guidelines require a public establishment to provide alternative registration methods for people with disabilities. Special options or alternatives need to be considered when the method of registration is open to the public.

The Juarez ADA Discrimination lawsuit seeks injunctive relief against Isle of Capri Casinos in the operation of its facilities and its online early registration process, stated Fields.

Since 1992, LaBovick Law Group, a Florida Litigation firm, has represented individuals, families and commercial clients throughout Florida. LaBovick Law Group attorneys provide legal representation in a broad range of practice areas, including ADA litigation, ADA defense, family law, personal injury, social security disability, bankruptcy, foreclosure defense, mortgage modification, employment law, estate planning, qui tam and wrongful death.

The firm has offices in Palm Beach Gardens, West Palm Beach, Boynton Beach and Boca Raton. For more information, visit the firms Web site at