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Article:
Mortgage Elimination Schemes
Jacksonville Attorney - Lawyer,
providing experienced Consumer Protection, Family Law, Estate Law,
Employment Law, Business Law, and Bankruptcy Law legal
representation in Jacksonville, Hilliard, Duval County,
Nassau County and the surrounding Northeast Florida areas.
I am a private attorney
general and receive inquiries from numerous consumers.
Our firm has recently received some inquiries on
so-called mortgage elimination or credit elimination
schemes. The Credit Card Dispute Process scheme is by a
company known as Consumer Guardians, LLC. It is marketed
by Alan Aslan Heart, the same person or company, that
markets a mortgage elimination scheme. Alan Aslan Heart
is associated with a person or entity known as White
Eagle Soaring of the Little Shell Pembina Band, a Treaty
Tribe of the Ojibwe Nation. Notably, the paperwork
outlining the process say that there are no promises not
contained in the writing and that the contract says
there is no guarantee as to the results.
Typically, the schemes
involve payment of a fee to help you obtain the
discharge of a mortgage or the elimination of credit
card debt by using consumer protection statutes. The
Truth In Lending Act is designed to protect consumers.
The Act requires certain information be given to
consumers. Consumers can sometimes seek rescission if
this law is not followed. But rescission does not mean
the consumers can keep the money and avoid the lien too.
Unfortunately, most, if not all, of these schemes are
illegal. They are also premised on an argument that the
entire banking system is flawed. This argument has not
worked for tax protesters and it will not work for you.
One attorney who made
similar arguments represented over 19,000 consumers
until he was sanctioned and disbarred for asserting
frivolous defenses on behalf of his consumers. See
Matter of Andrew F. Capoccia, 712 N.Y.S. 2d 699
(N.Y. App. 2000); Matter of Andrew F. Capoccia,
709 N.Y.S. 2d 640 (N.Y. App. 2000). According to the
Better Business Bureau, this same scheme has been used
in Ohio and Wisconsin. As part of the scheme, consumers
are being asked to transfer their property ownership to
a trust and sign a power of attorney.
When they do so, consumers
will likely lose their rights. First, it may be
difficult to recover the property. Second, the property
may lose homestead exemption status for collection
purposes when it is most needed. As a practical
consideration, consider all of the big business laws
that are being passed today such as the so-called Class
Action Fairness Act, the Arbitration Fairness Act, and
others. If big business saw a loophole, they could get
Congress to close it in days.
This is a terrible
practice giving misleading legal advice. I can show you
the cases where the attorney was disbarred for making
these arguments. I challenge scam artists to show you
cases which support the effective assertion of these
defenses on as wide a basis as the promotional materials
suggest. Do not make the mistake of giving your home
away based on a so-called mortgage elimination scheme.
The U.S. Government is still pursuing the assets of
Andrew Capoccia. See U.S. v. Contents in Account No.
059-644190-69, 253 F. Supp. 2d 789 (Vermont 2003).
This is years after the alleged perpetrator was
disbarred. Mr. Capoccia filed for bankruptcy with
something like 19,000 consumers trying to collect their
debts. In re: Capoccia, 292 B.R. 796 (Bankr.
Vermont 2003).
Consumers should always
seek counsel before surrendering their home. Also,
consumers who have been contacted regarding mortgage
elimination schemes or who have been defrauded by such
schemes, should contact a consumer protection attorney.
Your attorney should also provide a copy of the
complaint to the FTC Credit Practices Division in
Washington, DC
Disclaimer: The above Article
is intended to give you, the consumer, insight into various legal topics. This
information is not intended as legal advice, but rather helpful topical
information.
 If
you require professional legal services regarding
Consumer Protection, Family Law, Estate Law,
Employment Law, Business Law, and Bankruptcy Law issues, be proactive in
protecting your legal
rights by seeking the legal advice of
an experienced
Jacksonville criminal defense attorney
& lawyer. Contact
The Law Offices of
Steven M. Fahlgren, P.A.,
by calling
904.845.2255.
Jacksonville Attorney - Lawyer,
providing experienced Consumer Protection, Family Law, Estate Law,
Employment Law, Business Law, and Bankruptcy Law legal
representation in Jacksonville, Hilliard, Duval County,
Nassau County and the surrounding Northeast Florida areas.
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