Acceleration

The Investigation into BDF Hopkins, the Foreclosure Mill and Rambo Law Firm(s) in Texas Who are Bounty Hunters and House Jackers; the BDF Law Group, NDEX, Hopkins Law, et al

Hopkins Law PLLC Does Not Hold a Surety Bond to Perform Debt Collection Services in Texas but the Texas AG refuses to answer the Burkes’ certified question.

On the 14th of August, in the same Federal Court in Houston as former Magistrate Judge Smith resides, the SDTX Federal Court, there was a ruling by Senior Federal Judge Nancy Atlas in Jackson vs US Bank.  You can view and download it HERE.  If you read from page 17, it reads;

TDCPA § 392.101
“In Count Two of their Second Amended Complaint, Plaintiffs allege that Shapiro violated TDCPA § 392.101 by conducting business as a third-party debt collector in Texas without the requisite surety bond. Shapiro responds that it is not a “third-party debt collector” within the meaning of the TDCPA, and thus, is not subject to the bond requirement. Shapiro responds further that even if it is a “third-party debt collector,” its efforts in connection with the attempted foreclosure of the Property are not “debt collections” within the meaning of the TDCPA.  These responses lack merit.

Atlas details her reasonings based on Texas law and goes on to find in favor of the Plaintiffs in relation to this part of their lawsuit.

The first steps LIT Performed after reading this ruling are to find out who the defendants Shapiro Schwartz are;

 

Shapiro Schwartz LLP:  a Foreclosure Mill and Debt Collectors

A simple online search brought out the usual “red flags” pertaining to Shapiro Schwartz (hereinafter referred to as Shapiro).

No website.

Same as BDF they hide from the public as they are a foreclosure debt collection agency.

Glassdoor reviews.

All attorneys with the keyword “Foreclosure” prevalent by all reviewers, stating they were lawyers working at a foreclosure mill.

Now LIT have confirmed Shapiro are debt collectors, we return to the BDF Law Group;

BDF

As stated above, they are in the exact same business as Shapiro.

Shelley Hopkins

Worked for BDF as lead Foreclosure Manager.

Mark Hopkins

All his practice income is solely from “foreclosures”, he is what we refer to as a ‘Bounty Hunter’, he is hired by and works directly with BDF and represents them in their cases.

Hopkins Law

When Mark Hopkins stepped in after BDF lost the case at trial in Judge Smith’s Court, he was in partnership with a long term friend for many years (Matt Williams). However, we are of the personal opinion that changed when he married Shelley who we believe had convinced him to go on his own and together they could become “foreclosure kings” in Texas.

The Burkes perfomed some background work on Hopkins at that time and submitted to the court our research, including the fact he lied to the Houston court by saying he was still in a partnership when assigning himself to the Burkes case, when, in fact he was now a new firm, trading as Hopkins Law.

The court refused the Burkes complaints that he was a debt collector / bounty hunter and ignored his deception, – see Doc 111 here – which, by law, would have allowed the Burkes to strike him from the case.

Hopkins Law, PLLC Does Not Hold a Surety Bond to Perform Debt Collection Services in Texas and The Office of the Attorney General has Refused Senior Citizens Request for Assistance for the Texas Finance Code (392.101) Act that they Oversee. 

Other cited articles;

Debt collection law firms must follow FDCPA in foreclosure cases.

A federal judge has ruled that debt collection law firms are subject to the rules of the Fair Debt Collection Practices Act in cases dealing with mortgage foreclosures.

U.S. District Judge Timothy J. Savage of the Eastern District of Pennsylvania denied a motion by law firm Phelan Hallinan Diamond & Jones seeking to dismiss plaintiffs Tina Collins and Glendale Walker’s FDCPA claim, which alleged the firm failed to cease all collection activity before verifying the debt after the plaintiffs first disputed it.

Savage did, however, dismiss the rest of the plaintiffs’ claims for failure to state a claim for which relief could be granted. According to Savage’s opinion, the plaintiffs alleged that the foreclosure complaint and Phelan Hallinan’s response to their notice of dispute “‘contained false and misleading representations thru [sic] deceptive means in an attempt to collect a debt.'”

Collins and Walker also claimed that the firm threatened to proceed with the foreclosure action without first verifying the debt. The plaintiffs also claimed that the firm falsely represented itself as counsel to Wells Fargo, leading Collins and Walker to believe that Phelan Hallinan was a part of Wells Fargo’s legal department, according to Savage. Phelan Hallinan denied the plaintiffs’ allegations, contending that its notices were not false or misleading and that it was clear in letting the plaintiffs know that it represented Wells Fargo in the foreclosure proceeding.

Savage said the firm did provide adequate verification of the debt by way of a response to the notice of dispute sent to the plaintiffs Nov. 28, 2016.

“It is what happened before Phelan sent the verification letter and after the plaintiffs notified Phelan that they disputed the debt that forms the basis for a viable claim for a violation of the FDCPA,” Savage said. “When the consumer notifies the debt collector that the debt is disputed, Section 1692g(b) requires the debt collector to ‘cease collection of the debt’ until verification is provided to the consumer.

Here, according to the complaint, after Phelan threatened to foreclose on the mortgage, the plaintiffs sent a notice of dispute. Instead of ceasing collection activity, Phelan proceeded to file the foreclosure action.” The case then turned on the question whether foreclosing a mortgage constituted debt collection under the FDCPA. Savage said it is.

“Foreclosure, although legal in nature, is ‘activity undertaken for the general purpose of inducing payment,'” Savage said. “A debt collector cannot avoid FDCPA liability simply by proceeding in rem rather than in personam. Therefore, for purposes of this action, Phelan was acting as a debt collector and engaged in debt collection activity when it communicated with the plaintiffs and filed the foreclosure action.”

Glendale and Collins, who represented themselves, could not be reached for comment. Matthew G. Brushwood of Phelan Hallinan represents the firm and did not respond to a request for comment.

Mortgage Servicing Rights, New York, NY (2019)

In a climate of increased regulatory scrutiny and low interest rates, it is of even greater importance for the $10 trillion MSR industry to meet, compare notes and discuss the latest. Agency MSR Transfers were up 13.9% in 2018 and sales of MSR linked to single-family mortgage backed securities hit $613.46 million last year. There has never been a better time for the industry to meet!

IMN is excited to be back in NYC for the great networking and to continue to explore the key industry issues including the origination trends, view from the Regulators, and more.

With more than 450 participants at our 2018 NYC event, with many from Banks, Non-Bank Originators, Mortgage Investors, Hedge Funds & Other Institutional Investors, the IMN forum is the only opportunity on the calendar that brings together owners and administrators of mortgage servicing rights for a dedicated 1 1/2 days discussing nothing but MSR.

IMN is excited to present a brand-new program again featuring banks, servicers and investors speaking on varied sessions and small group meetings.

We look forward to seeing you for another great networking and informative event.

Texas Attendee at IMN, and the Only Sponsor who’s logo did not link to a working website is, of course, the largest foreclosure mill in the State of Texas;

The BDF Law Group is comprised of the following firms: Barrett Daffin Frappier Turner & Engel, LLP, (Texas & Georgia) Barrett Daffin Frappier Treder & Weiss, LLP (California, Nevada, & Arizona) and Barrett Frappier & Weisserman, LLP (Colorado). The BDF Law Group provides a full range of legal services to creditors on defaulted commercial and residential mortgage loans.

Robert Forster
Managing Partner
BDF Law Group

Robert D. Forster, II, is the Managing Partner of the BDF Law Group as a whole and is based in the Addison, Texas location.

Texas Attendee at IMN, and the Only Sponsor who’s logo did not link to a working website is, of course, the largest foreclosure mill in the State of Texas;

The BDF Law Group is comprised of the following firms: Barrett Daffin Frappier Turner & Engel, LLP, (Texas & Georgia) Barrett Daffin Frappier Treder & Weiss, LLP (California, Nevada, & Arizona) and Barrett Frappier & Weisserman, LLP (Colorado). The BDF Law Group provides a full range of legal services to creditors on defaulted commercial and residential mortgage loans.

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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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