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Lenders sending corresponce to Debtors through our offices
I believe the Ch 7 committee is leaning towards a local rule requiring
creditors to send things such as reaffirmation agreements -- and possibly
loan mods to both the Debtor and Debtor's last attorney of record. While
none of us want to receive extra paperwork for which we are not
responsible, knowing that the Debtor receives these documents as well could
mean you can dispose of the letters without forwarding them.
My personal feeling towards the matter is that we owe our former clients
some duties including a limited duty of loyalty. If I received a letter in
the mail that will negatively impact a client, I would forward it to my
client. It's also an opportunity/excuse to remind the former client that
you exist and possibly to get more business out of it. Who knows, maybe you
can charge the bank like Mr. Faucher!
Another course of action, if the documents contain private information, is
to send the bank a letter and/or fax revoking your authorization to act on
behalf of the client. If the bank continues to send you documents in your
name, that has got to be a violation of some sort of privacy laws.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
for the purpose of (i) avoiding penalties under the Internal Revenue Code,
or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.
On Tue, Mar 10, 2015 at 4:09 PM, sam@southbaybk.com [cdcbaa] wrote:
>
>
> I have noticed a peculiar and annoying trend: mortgage lenders changing
> the Debtor's mailing address to MY office address and then sending all
> sorts of things to me to forward to my clients (even time sensitive loan
> modification documents which I have no part of). I am not talking "cc" - I
> mean they have literally changed my clients address to a "C/O Benevento"
> address, and in some cases have refused the client's request to stop! I am
> fortunate enough to have filed a significant number of cases, so I am not
> to pleased to be serving as a mail conduit for the mortgage companies. In
> my opinion, my representation of a client in a bankruptcy proceeding does
> not make it my job to accept mail for things not directly related to the
> bankruptcy. After careful consideration of my duty to my clients, I have
> started to return all such correspondence to the offending lenders
> instructing them that I will not forward their mail! I have
> also added some "no-forwarding" language in my retainer. I realize that
> some may disagree with this strategy, but for those of you who don't -
> please join me! There is no other place in the law where representing a
> client on a particular matter gives anyone carte blanche to send unrelated
> mail to that client through counsel. I am hoping to put a stop to the
> practice.
>
>
>
I believe the Ch 7 committee is leaning towards a local rule requiring creditors to send things such as reaffirmation agreements -- and possibly loan mods to both the Debtor and Debtor's last attorney of record. While none of us want to receive extra paperwork for which we are not responsible, knowing that the Debtor receives these documents as well could mean you can dispose of the letters without forwarding them.My personal feeling towards the matter is that we owe our former clients some duties including a limited duty of loyalty. If I received a letter in the mail that will negatively impact a client, I would forward it to my client. It's also an opportunity/excuse to remind the former client that you exist and possibly to get more business out of it. Who knows, maybe you can charge the bank like Mr. Faucher!Another course of action, if the documents contain private information, is to send the bank a letter and/or fax revoking your authorization to act on behalf of the client. If the bank continues to send you documents in your name, that has got to be a violation of some sort of privacy laws.Sincerely,Michael Avanesian, Esq.AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
On Tue, Mar 10, 2015 at 4:09 PM, sam@southbaybk.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
I have noticed a peculiar and annoying trend: mortgage lenders changing the Debtor's mailing address to MY office address and then sending all sorts of things to me to forward to my clients(even time sensitive loan modification documents which I have no part of). I am not talking "cc" - I mean theyhave literally changed my clients address to a "C/O Benevento" address, and in some cases have refused the client's request to stop! I am fortunate enough to have filed a significant number of cases, so I am not to pleased to be serving as a mail conduit for the mortgage companies. In my opinion,t my job to accept mailfor things not directly related to the bankruptcy. After careful consideration of my duty to my clients, I have started to return all such correspondence to the offending lenders instructing them that I will not forward their mail! I have alsoaddedsome "no-forwarding" language in my retainer. I realize that some may disagree with this strategy, but for those of you who don't - please join me! There is no other place in the law where representing a client on a particular matter gives anyone carte blanche to send unrelated mail to that client through counsel. I am hoping to put a stop to the practice.
The post was migrated from Yahoo.