Makower Abbate Guerra Wegner Vollmer PLLC CFPB Complaints

2000 Latest Complaints

Date Received	Timely Response	Product	Issue	State / Zip	Submitted Via	Tags
05/08/2023	Yes	Debt collection Other debt	False statements or representation Attempted to collect wrong amount	MI 483XX	Web
Issue 1 : We have not been provided with Validation of the Debt in accordance with Fair Debt Collection Practices Act. We repeatedly requested validation of the debt by email after not receiving sufficient response we hired XXXX XXXX XXXX who again asked for validation of the debt and a breakdown of the amounts owed. Once we asked for validation of the debt collector ( Law firm ) must cease collection activity which includes placing liens until validation of a debt is provided. The law firm has the burden of showing that a ledger is sufficient under the Fair Debt Collection Practices Act. Issue 2 : XXXX is considered a debt collector and must follow the Debt collector guidelines. CASE LAW : TODD AND MARICA BATES, PLAINTIFFS, V. GREEN FARMS CONDOMINIUM ASSOCIATION, THE HIGHLANDER GROUP, AND MAKOWER ABBATE GUERRA WEGER VOLLMER, PLLC, DEFENDANTS, mortgage foreclosure is debt collection under the Act. Lawyers who meet the general definition of a " debt collector '' must comply with the FDCPA when engaged in mortgage foreclosure .... In this case, the district court held that RACJ [ the defendant Law Firm ] was not engaged in debt collection when it sought to foreclose on the Klie property. That decision was erroneous, and the judgment must be reversed. Citing Glazer v. Chase Home Fin. LLC, 704 F.3d 453, 460 ( 6th Cir. XXXX ). Issue 3 : Debt collection process was not followed. Once we requested validation of the debt the collection activity must cease. Case Law : CHRISTINE ESSIQUE, et al., Plaintiffs, v. WALNUT WOODS CONDOMINIUM ASSOCIATION, et al., Defendants. Case No. 2:15-cv-12049. " When interpreting the FDCPA, we begin with the language of the statute itself [. ] '' Schroyer v. Frankel, 197 F.3d 1170, 1174 ( 6th Cir. XXXX ). Section 1962g of the FDCPA mandates a specific sequence of actions from a debt collector : in the initial contact with the consumer ( or within 5 days of initial contact ) the debt collector must provide notice that the consumer has 30 days to dispute the debt. 1692g ( a ) ( 4 ). If the consumer disputes the debt, the debt collector must mail " verification of the debt '' to the consumer. 1692g ( b ). " [ T ] here are no time limits for a debt collector to validate the debt under 1692g ( b ). '' Purnell v. Arrow Fin. Servs., LLC , 303 F. App'x 297, 303-04 ( 6th Cir. XXXX ). But until the debt collector provides verification to the consumer, the debt collector must " cease collection of the debt. '' Id. ( quoting 1692g ( b ) ). Issue 4 : XXXX XXXX XXXXXXXX we received a response to our request for validation of the debt that admits the management company did not send it, and they still did not validate the debt as requested. They stated they gave us a letter that stated it was based on the XXXX budget. However, this was not sufficient because they were required to provide written validation of the debt from the creditor. Case Law : XXXX XXXX, et al., Plaintiffs, v. WALNUT WOODS CONDOMINIUM ASSOCIATION, et al., Defendants. Case No. 2:15-cv-12049. But a " debt collector must verify a disputed debt even if he has included proof of the debt with the first communication [. ] '' Bridge v. Ocwen Fed. Bank, FSB, 681 F.3d 355, 361 ( 6th Cir. XXXX ) ( quoting FTC Staff Commentary, 53 Fed. Reg. 50097-02, 50106 ( XXXX XXXX, XXXX ) ). Issue 5 : Lien on Property Once we asked for validation of the debt, they were required to properly validate the debt in order to resume the collection activities. They did neither. Instead, they filed a lien on the property. This violates 1692g ( b ) of the FDCPA. A Request to validate a debt must be fulfilled before filing a lien. Filing a lien is debt collector activity-A debt collector must provide validation of debt prior to filing a lien and the debt collector has the burden to show that a ledger is validation of the debt. Case Law : CHRISTINE ESSIQUE, et al., Plaintiffs, v. WALNUT WOODS CONDOMINIUM ASSOCIATION, et al., Defendants. Case No. 2:15-cv-12049. Citing : Camille HADDAD, Plaintiff-Appellant, v. ALEXANDER , ZELMANSKI, DANNER & FIORITTO, PLLC, Defendant-Appellee. 758 F.3d 777 ( XXXX ) In a strikingly similar case, the Sixth Circuit in Haddad concluded by implication that filing a lien is a debt collection activity. Haddad, 758 F.3d at 786. In Haddad, a condominium association hired a firm to collect unpaid association fees from the plaintiff, a condominium owner. Id. at 779. The owner disputed a portion of the debt. Id. at 785. The firm had previously sent the owner an " accounting ledger '' but after the owner again disputed the debt the firm failed to provide verification. Id. Instead, the debt collector " continued its efforts to collect this portion as well as the entirety by sending a letter demanding payment and placing a lien on [ the owner 's ] condominium. In doing so, the firm violated 15 U.S.C. 1692g ( b ). '' Id. at 786. Similar to Haddad, Jones placed a lien on Essique 's condominium before verifying her debt. Id. Issue 6 : Inconsistent amounts on the ledgers sent. We asked for the correct amount. If there is inconsistent amounts the ledger sufficient validation of the debt. Case Law : CHRISTINE ESSIQUE, et al., Plaintiffs, v. WALNUT WOODS CONDOMINIUM ASSOCIATION, et al., Defendants. Case No. 2:15-cv-12049. But a " debt collector must verify a disputed debt even if he has included proof of the debt with the first communication [. ] '' Bridge v. Ocwen Fed. Bank, FSB, 681 F.3d 355, 361 ( 6th Cir. XXXX ) ( quoting FTC Staff Commentary, 53 Fed. Reg. 50097-02, 50106 ( XXXX XXXX, XXXX ) ). Additionally, the XX/XX/XXXX, ledger and the XX/XX/XXXX, verification were not identical : at least one discrepancy ( the June late fee ) existed between the two. Compare Letter, ECF No. 18-2, with Verification, ECF No. 18-3. Therefore, Jones has not shown the absence of a genuine material factual dispute over whether the ledger satisfied the FDCPA verification requirement of 1692g ( b ).
03/21/2022	Yes	Debt collection Other debt	Took or threatened to take negative or legal action Collected or attempted to collect exempt funds	MI 48073	Web
More accurately, they attempted to collect debts that have either already been paid or are not owed. The collection agency drafted a Notice of Lien against my condo unit on XX/XX/2021. To date, the notice has not been filed with XXXX XXXX, where I live. The Fair Debt Collections Practices Act prevents collectors from making : Threats to do things that can not legally be done, or threats to do things that the debt collector has no intention of doing I have several reasons why this Notice of Lien can not be filed. Those being : Article VI, Section ( c ) ( i ) of my condominium 's bylaws states violations are to be sent by certified mail. They sent this notice by first class mail. In order for a document to be eligible for recording with the XXXX County Register of Deeds, The Total value of real property must be stated on the face of the document or the affidavit attached ( MCLA 207.504 ) The name and address of the grantee must appear that convey or encumber real estate. ( MCLA 565.201 Sec 1-A, D ) MCL 559.208 ( 3 ) ( b ) of the Michigan Condominium Act sets forth the pre-foreclosure notice requirements, one of those requirements stating that " The notice of lien SHALL BE IN RECORDABLE FORM, executed by an authorized representative of the association of co-owners and may contain other information that the association of co-owners considers appropriate. '' The Act also goes on to state in part ( c ) that the notice shall be recorded in the office of the register of deeds in the county in which the condominium project is located and shall be served upon the delinquent co-owner by mail. XXXX only satisfied the second half of the preceding sentence by serving me by first class mail as this document is not recorded in the XXXX XXXX Register of Deeds The notice, as it stands, can not be recorded with the county, thus violating a requirement of the Michigan Condominium Act and thus violating the FDCPA by making a threat to do something that can not legally be done. I also assert they had no intention to file the notice by virtue of when the document is dated and the fact there is no Notice of Lien on file with the XXXX XXXX Register of Deeds ( ocmideeds.com ) for my property.
03/01/2023	Yes	Debt collection Other debt	False statements or representation Attempted to collect wrong amount	MI 48073	Web
I began a lawsuit against my HOA last year after they began collection activities in XXXX and placed a lien on my home. Starting last year, they began refusing payments made toward HOA assessments. Additionally, a non-attorney provided legal advice in her correspondence with me ( XXXX - XX/XX/XXXX ). Additionally, I disputed the initial letter they sent and they failed to identify the original creditor of XXXX of the fees. I am a " consumer '' under FDCPA. and I allege XXXX, retained by the Association to collect the debt, is a " debt collector '' under the FDCPA. I also allege that XXXX violated the provisions of the FDCPA by attempting to collect future costs that I do not owe. The debt I owe to the Association arises out of a transaction entered primarily for personal, family, or household purposes. The file named " XX/XX/XXXX '' was the initial collection letter and the letter named " XX/XX/XXXX '' was the follow up after I disputed. I've also included a copy of the letter accompanying the lien they placed, named " XX/XX/XXXX. '' Please note to whom they state to make my payment payable as XXXX Parkhomes. The {$150.00} Transfer Fee belongs to In XXXX XXXX as shown in Attachment A of the PDF named " Contract '' which is the agreement between XXXX XXXX and In XXXX. They waived this fee in the file named " XXXXXXXX XXXX XXXX XXXXXXXX. ''
02/09/2022	Yes	Debt collection Other debt	Took or threatened to take negative or legal action Threatened or suggested your credit would be damaged	MI 48073	Web
I moved into a condominium association on XX/XX/2021. Because homeowner 's association fees are due on the beginning of the month, I believed the previous co-owner had paid for XXXX. Once I alerted the management company for XXXX XXXX that I had moved in, I received an invoice for XXXX. Our bylaws state we have the right to dispute and I did so. In the meantime, I verified that I did owe XXXX dues and subsequently paid them. By the time the payment had been received, my account had been sent to collections and Makower Abbate Guerra Wegner Vollmer PLLC also began tacking their own fees onto what I owed. I have been making my regular payments of my HOA fees every month. In every communication with XXXX XXXX XXXX and the collection agency, I have disputed their fees. By our bylaws, any dispute should be sent to arbitration. I have received no communication as to how to begin that process. Instead, in XXXX I was told by the collection agency that the XXXX XXXX XXXX XXXX had denied my request for arbitration. Again, by the bylaws, a dispute and subsequent arbitration is a right, not a privilege. The collection agency has also denied my request to be provided any information regarding said denial, stating it is attorney-client privilege.
03/19/2022	Yes	Debt collection Other debt	Took or threatened to take negative or legal action Threatened or suggested your credit would be damaged	MI 48073	Web
I received a letter dated XX/XX/XXXX from Makower Abbate Guerra Wegner Vollmer PLLC stating I owe {$3600.00}. This is an ongoing matter I have been disputing with them since XXXX of last year. However, the last invoice they'd sent in XXXX of XXXX stated I owed a little more than {$1500.00}. I have been making my XXXX payments on a regular basis and there is no way my debt could have doubled. Firstly, this is not a legit debt amount ; secondly, they have not followed the bylaws of my condo association regarding notification of violations ( Article VI of the bylaws, regarding Restrictions. Section ( c ) ( i ), ) ; thirdly, they threatened to take legal action if I did not pay the full amount of {$3600.00} by XX/XX/XXXX. I have paid ALL my XXXX fees since I moved into my unit last XXXX. They have taken the position I can not split my monthly payments in half and pay twice a month. This is a matter that is under dispute and considering I am disputing, they are obligated to cease further action until the matter is resolved. They have not done so. I have a copy of the bylaws of my association, but the file is too large to send. I can provide it to you by another means, if needed.
03/25/2022	Yes	Debt collection Other debt	Attempts to collect debt not owed Debt is not yours	MI 48073	Web
At the closing for my condo, I paid all fees due at that time. However, there was a status letter from XXXXXXXX XXXX that was not included in the settlement statement. I was not aware of this, paying all fees I knew to be owed in good faith. At a date after the closing, I was made aware of the assessments that were in the status letter and not included with the fees due at closing. Agents of Capital Title and XXXX XXXX of Makower Abbate Guerra Wegner Vollmer PLLC both acknowledge that these fees were not presented at closing. Michigan XXXX XXXX XXXX of XX/XX/XXXX ( XXXX XXXX ) does not allow fees missed at closing to be collected after. However, these fees were sent to collections ( XXXX ) and that agency has steadily tacked on their fees as well and have filed a Notice of Lien against my home.
10/23/2023	Yes	Debt collection Rental debt	False statements or representation Attempted to collect wrong amount	MI 483XX	Web
I live in XXXX on XXXX XXXX XXXX XXXX Mi. My condo is XXXX ' from maintanace garage specifically my office window. A XXXX women honked for XXXX min needing help. Her question about a hospice delivery and didn't want violation. She HONKED XXXX min outside my window & maintenance not coming out. I went she had a walker, i said i would help her and get maintanace. I in went XXXX garage to get maintenance man I have on video all nice I am fined {$1000.00} for interfering and recording maintanace complained?? because lawyer wont tell me UNFAIR H O A COLLECTION PRACTICES ON FINES AND VIOLATIONS I HAVE XXXX UNFAIR VIOLATIONS THIS MONTH TOTALING {$2000.00} ALL WRONG AND I HAVE WITNESS AND VIDEO
07/20/2022	Yes	Debt collection Other debt	False statements or representation Attempted to collect wrong amount	MI 48073	Web
MAGWV sent correspondence dated XX/XX/22 in which they refuse two payments of homeowners association assessments in the amount of {$440.00}. This is the regular amount of monthly assessments and the memo field of both checks indicates what they are for. They have inflated the debt by misapplying or allowing to remain unapplied payments made toward HOA assessments.
12/21/2023	Yes	Debt collection Other debt	Took or threatened to take negative or legal action Seized or attempted to seize your property	MI 48084	Phone

04/21/2023	Yes	Mortgage Conventional home mortgage	Trouble during payment process	MI 48301	Phone

06/07/2021	Yes	Mortgage Conventional home mortgage	Struggling to pay mortgage	MI 48094	Web	Servicemember