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Legal Abuse Syndrome and Foreclosure Fraud


by Brian Mahany

Until a client sent us a clipping today, I had never heard the term “Legal Abuse Syndrome.” If you look in the Diagnostic and Statistical Manual of Mental Disorders, you won’t find the term. Yet. The DSM is the official “blue book” used by mental health professionals. Whereas many of the CEOs of major banks and lenders probably quality as sociopaths, we now have a title for those suffering from their heavy handed tactics .

Dr. Karin Huffer even wrote a book about the disorder entitled “Overcoming the Devastation of Legal Abuse Syndrome.” Although I have yet to read her book, I certainly will. In fact, it probably should become required reading for judges and lawyers involved in foreclosure cases.

Here is what Dr. Huffer writes:

*If you are deeply disillusioned and feeling oppressed as an American citizen, resulting from experience with our justice system you may be suffering from Legal Abuse Syndrome.

*If you’ve been a litigant in court and justice was not to be obtained at any price, you may be suffering from Legal Abuse Syndrome

*If you fantasize about an act of vigilante vengeance because it seems like the only resource, you may be suffering from Legal Abuse Syndrome

*If you feel numb, disconnected, and vulnerable, you may be suffering from Legal Abuse Syndrome

*If you feel that the “system” will defeat you at every turn and there is nothing you can do about it, you may be suffering from Legal Abuse Syndrome

Sadly, we have seen several foreclosure victims that do exhibit these symptoms. Homeowners who have been battling big banks for 4 and 5 years, always in fear of losing their home. Homeowners who didn’t miss a payment but are in foreclosure because the lender says it didn’t receive their payment. Homeowners who improperly had the locks changed on their home only to be told a day later that they could return.

One lawyer wrote in her book that, “Competent, confident, outgoing entrepreneurs are reduced to “shell-shocked” paranoia, unable to make the most basic decisions.  Polite, law-abiding individuals are transformed into raging extremists, after being lulled unsuspectingly in many cases into believing that they will emerge from bankruptcy able to pick up the pieces with a fresh start.”

While the book is not limited to foreclosure cases, those who worry daily about where they will live and who get put on hold for hours or told for the 42nd time that their loan modification paperwork was not received are especially prone to suffering from this type of disorder. Foreclosure victims ride an emotional roller coaster, often facing conflicting information and seemingly impossible hurdles to keep their homes. As we have previously posted, some homeowners sadly resort to suicide.

Dr. Heffer claims that Legal Abuse Syndrome is related to Post Traumatic Stress Disorder. We believe her and see it daily.

Unfortunately many victims and homeowners feel powerless and give up, but homeowners can prevail against big banks. Although our  law firm generally does not handle individual foreclosure defense cases, we do represent people that choose to stand up and fight back. If you have believe that you were victimized by a big bank or mortgage company, give us a call. Our fraud lawyers represent individual homeowners and employees of lenders that wish to become whistleblowers.

For more information, contact attorney Anthony Dietz at adietz@mahanyertl.com. The author may also be contacted at brian@mahanyertl.com or by telephone at (414) 704-6731. All inquiries are kept in strict confidence.

Mahany & Ertl – Giving Homeowners A Voice. Offices in Milwaukee, Wisconsin; Detroit, Michigan; Portland, Maine & Minneapolis, Minnesota.

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  1. #1 by Dr. Karin Huffer on June 5, 2012 - 8:45 am

    Once this psychiatric injury occurs, PTSD from legal abuses, the person then has a disability that renders them less capable of managing litigation. This is not a mental illness but a preventable injury. It is a public health crisis. Congress passed the Americans with Disabilities Amendments Act in 2008. By using the protections of this Act we are able to assist the victims against further exploitation and unfairness in the courts.
    Dr. Karin Huffer, author
    Unlocking Justice 2011
    Overcoming the Devastation of Legal Abuse Syndrome 1995

    Unfortunately the trend has worsened since the writing of the first book.

  2. #2 by Stephen Smith on June 5, 2012 - 1:22 pm

    The horrible, cruel, malicious targeted, or farmed foreclosures of innocent families and, or elder, or other vulnerable population in America, by HOA’s, COA’s, POA, their greedy criminal attorneys, and others involved in the justice system, or property management are the worst. People in America are collecting social security disability for HOA abuse and they deserve it.
    Documentary coming out the reveals some. http://www.thehoaxfilm.com. http://www.facebook.com/thehoaxfilm.
    Dr. Huffer also has an interview on the HOA Legal Abuse, on http://www.onthecommons.us. Go to show index and although hers was in 2006, I think, every interview should be heard by every American. Dr. Gary Solomon, “HOA Syndrome,” http://www.hoatv.co, http://www.hoasyndrome.com, http://www.hoacorruption.com. All these links are a good start.

  3. #3 by admin on June 5, 2012 - 9:09 pm

    Thank you Doctor for your comments. Unfortunately, I have to agree that the trend has worsened since you wrote your book. Folks that are suffering from this injury have virtually no capacity to manage litigation.

    Brian Mahany

  4. #4 by Barbara on June 8, 2012 - 5:30 pm

    I FULLY concur with everything that you post on your blog, and at the same time LAMENT that you are not in Louisiana. I did see the post you wrote about your dislike for Wells Fargo & Louisiana Judge Magner sticking it to Wells Fargo. I am a person who has been left maimed by Wells Fargo and everyday pray to “get my life back,” while doing what I can to help others.

    I did observe where you’ve not listed Louisiana as a location where you practice, BUT I thought perhaps there might be some chance of help for us, that would greatly impact foreclosure and collection abuses especially associated with Wells Fargo. I am always hoping / asking / trying to call attention to what is taking place here. Also, as you probably know, the lawsuit that was filed by the Clerks of Court of Louisiana against lenders and banks should assist in exposing the atrocious problems that are taking place everywhere with real estate frauds.

    Perhaps thousands of Louisianians remain shut out after Katrina due to “land grab” foreclosure frauds and judicial collusion. Hence, whoever is willing to take on Wells Fargo here in Louisiana would hit pay dirt!

  5. #5 by Barbara Ann Jackson on June 10, 2012 - 5:53 pm

    In addition to appalling injustices associated with fraudulent foreclosures, the reality is that scores of people who are living outdoors actually STILL own their homes due to the fact that thousands of foreclosures were never lawfully executed.

    In fact, some those defaulted property owners are still being billed by their counties for property taxes; some are still responsible for the rodents, trash, etc., that continues to accumulate after those people have packed up and moved out. And here’s a vivid story of how a purported foreclosed home lying dormant can cause all sorts of problems, such who owns it, and who is to blame for this child’s death. Read: “Child’s death mired in nation’s foreclosure crisis” @ http://www.gbooza.com/group/worldnews/forum/topics/childs-death-mired-in-nations#axzz1xR4MgMw0

    Additionally, what many people do not know is that too often “simulated” foreclosure auctions of peoples homes take place, whereby fraudulent “credit bids” are placed by people who have no lawful right to place those auction bids. Therefore, the property deeds that become recorded are null. Furthermore, subsequent buyers of some of those fraudulently auctioned homes are purchasing properties with defective / cloudy property titles. And even more appalling is the fact that after shame foreclosures occur, innumerable people will receive an IRS tax bill after some lender’s name become place on a false IRS form 1099-A.

    There is a WHOLE lot more to the foreclosure fraud picture than just the unfortunate problem of some ‘deadbeat’ defaulted borrower. A whole lot of people become snagged in the real estate racketeering scheme, that far too many judicial systems have for decades condoned. I can vouch for Wells Fargo and Freddie Mac! Example: “Foreclosure Frauds, Wells Fargo-the Fox in Charge, and Victimization” http://newsblaze.com/story/20101028181052lawg.nb/topstory.html;
    also see: “FORECLOSURES -Keeping it real about: mortgage lenders, borrowers, attorneys”http://open.salon.com/blog/wwwlawgraceorg/2010/10/30/foreclosures_-keeping_it_real_about_mortgage_lenders_b

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