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  • Report:  #458977

Complaint Review: Matthew Weisberg - Prochniak Weisberg PC

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  • Reported By:
    Pennsauken New Jersey
  • Submitted:
    Fri, June 05, 2009
  • Updated:
    Thu, September 05, 2013
  • Matthew Weisberg - Prochniak Weisberg PC
    7 South Morton Ave.
    Morton, Pennsylvania
    U.S.A.
  • Phone:
    866-570-6945
  • Category:

I fell behind on my mortgage payments and contacted attorney Matthew Weisberg who I found by web search. Mr. Weisberg's website appeared to be "Impressive" and in fact is still on the web. I contacted Mr. Weisberg's office by telephone and his "people' arranged a "conference call" to occur approximately a week from that time. Mr. Weisberg DID contact me, but was by his own words, very rushed and told me to briefly explain my situation. I told him I was 6 months delinquent on my mortgage and was in fear of foreclosure. He assured me that he was the guy I needed and that for $1500 he would postpone the upcoming sheriff's sale or, for $2500, he would "aggressively" get them (mortgage company) to modify the terms of the loan. "You need Me" he said. He said to send him the fee and he would get things going. Feeling a little uncomfortable to mail a fee, I drove to his office in Morton, Pa. and paid the receptionist the $2500 fee. At that time I was not able to meet with Mr. Weisberg, he was "not in the office". Almost a month went by and I still did not hear from him. I assumed he was going to meet with me to discuss the details of my "case'. After numerous phone calls and e-mails to his office, he finally called me right before the Sheriff's sale date and assured me I did not have to worry, I was alright. The Sheriff's sale did occur and from there I did lose the house. Mr. Weisberg never did anything he claimed he would do, never suggested any options I had such as short sale, bankruptcy, deed-in-lieu of foreclosure, etc. He just let it go to foreclosure. Whenever he did contact me, which was not very often, he would ask me to "refresh his memory" of my situation. I lost my home of 25 years because of this man's incompetence and arrogance (one of his best responses to my questioning was "hey man, you didn't pay your mortgage!"). I now know that I got totally scammed by this guy. True, I was foolish to pay a fee before signing a contract, but like I said he did and still does claim to be a great consumer advocate. The guy is huge phony. DO NOT USE THIS CREEP FOR ANYTHING.

Peter
Pennsauken, New Jersey
U.S.A.

3 Updates & Rebuttals


Peter

Pennsauken,
New Jersey,
U.S.A.

Matthew Weisberg, self-proclaimed "lawyer's lawyer"

#4Author of original report

Fri, June 26, 2009

It is utterly amazing to me how in his recent rebuttals, Mr. Weisberg offers to meet with ANYONE to discuss legal topics and comments. In one rebuttal he even offers coffee on him. Gee whiz, he NEVER offered to meet with me or buy me coffee and I paid him $2500 up front. AND I lost my house. Lets see, that potential cup of coffee cost me or rather LOST me approximately $250,000. Another TRUE fact I forgot to post before. In one of many unanswered e-mails from me to Mr. Weisberg during the period of time when I thought he was working on my case, I alerted him to the fact that there was (and still is) page after page of negative reports about my mortgage company (servicing company) on this very web site (Rip Off Report). I thought that would have been very beneficial to get them (mortgage company's lawyers) to change the terms of my loan. I guess I was wrong.


Peter

Pennsauken,
New Jersey,
U.S.A.

Matthew Weisberg

#4Author of original report

Thu, June 25, 2009

After my original posting, Mr. weisberg has since "ordered" me to "cease and desist" from posting any more comments and to "remove and retract" any previous postings under the threat of possible lawsuit for damages as well as seeking a court order forcing my removal and retraction. This also includes a complaint I filed with the Better Business Bureau. Mr. Weisberg claims my postings have caused "them" "financial injury" and are "defamatory as Libelous?" and are "untrue". I maintain, and would swear in a court of law, if need be, that my postings are indeed 100% accurate and true. The only comments I will retract are the ones where I said he is a "phony" and a "creep". Those comments are only my personal opinion and hold no validity since I have actually never met the man. Here are some more TRUE comments about my dealings with Mr. Weisberg: He never arranged to meet with me face to face to discuss the details of my situation or to discuss a plan of action. The man knows nothing about me or my family history, never gave me the opportunity to discuss what circumstances led me into my situation (predatory loan). If he had met with me, I think he would have had a little more compassion and understanding about me and my family and would have seen that I am certainly not what some consider to be a "deadbeat". When he did contact me (only by "phone conference"), he would always ask me, the client, to "refresh his memory" about my situation. Lastly, he has refused to let me have access to my file. I understand that, by law, he is not required to do so, but why not? I wanted to see where the "plan" stalled, why an extremely high interest rate mortgage could not be modified. People, please don't make the foolish mistakes I made. It could quite literally cost you everything. If in need of legal assistance, always contact the Bar Association in your area for a lawyer referral. Don't just use a web search without references. Never, ever pay a fee to someone without first meeting with them to discuss a plan of action in detail and ultimately having a written, signed agreement. Is Mr. Weisberg solely to blame for my situation? CERTAINLY NOT! But, in my opinion, he handled my "case" very unprofessionally and did not accomplish at all what he claimed he could do for me and I am now in an even worse situation. His claim to success in my case is that I was able to live in my house "rent free" for 1 year. That is true, no payments were made during the "litigation" period, but my goal was not to live "rent free". My goal was to be able to save my house with an affordable payment. I was in my house for 24 years, drained my 401K into the mortgage, depleted my daughter's college fund to keep up on the mortgage, so to give it up after 23 years of investment into it doesn't make any sense. For 1 year of "rent free"? "Financial injury"? My financial "injury" is somewhere in the neighborhood of $250,000 and still mounting. I lost everything, EVERYTHING! It was not supposed to be this way. It is a 24 hour, 7 days a week nightmare. It is so horrible, most of you can not imagine. I cry every d**n day about it. Mr. Weisberg, I give you full permission to say or post whatever you want, it doesn't really matter anymore, I am completely defeated. On a lighter note, I am thinking about changing my name to George Bailey. Good luck and God Bless to all.


Matthew Weisberg

Morton,
Pennsylvania,
U.S.A.

Rebuttal to Peter from Pennsauken, New Jersey

#4REBUTTAL Individual responds

Wed, June 17, 2009

I take very seriously the concerns of our clients, past present and future, which is why I have chosen to respond in Rebuttal (though many of my colleagues have suggested merely to ignore) to Peter from Pennsauken, New Jersey.

Unfortunately, because this client has not waived our attorney-client privilege, I cannot respond to even present my version of events let alone defend myself with the truth. Even though I could respond in detail regarding the circumstances he complains (because he has waived that privilege), I will not out of respect. I ask you to take that into account when reviewing his post as well as this response:

In my prior practice, I represented, among others, lenders prosecuting mortgage foreclosures and defending them against what was then called lender liability lawsuits (thereafter termed mortgage fraud and now called predatory lending). Five year ago, I felt a calling and switched sides to now represent consumer victims of fraud, foreclosure, debt collector abuse and civil rights violations. Previously, I was responsible for taking away hundreds of homes and putting hundreds of families out on the street often with little or no resistance. Now, I fight for people against those predators (often at my and my family's personal detriment).

Neither our courts nor society at large seeks to protect the rights of indebted consumers such as Peter (even in this financial climate), but I do. Judges and opposing counsel call my clients, "deadbeats"; I call my clients "friends" and a part of my "family," and deeply feel I am lucky to have met them. If I am fortunate enough to be hired, no one will get to my clients without go through a war with me first. Every waking hour (and sometimes in my sleep), I bear my clients' burdens quite literally.

I am proud to have saved hundreds of homes (and families). I get holiday cards every year and my clients visit me regularly to ask how my children are doing both in thanks for our years of service. I have received a Senatorial Commendation from the Commonwealth of Pennsylvania for my services to the indigent and inner-cities. I teach four accredited courses every year and write about the same amount of articles in the legal journals attempting to educate other lawyers on how to best assist their clients. In fact, I even represent other attorneys in their consumer claims.

As I have advised every client (sometimes even in writing), hiring an attorney is not a cure-all nor a guarantee of success despite our aggressive and zealous best efforts. A client, especially one in financial distress, must be first reasonable, then prepared to ongoing retain a lawyer to fight and finally be able to make negotiated financial amends (such as a payment plan, mortage modification, forebearance agreement, etc.) or risk a trial, unless there is a reason that the law would allow that client to avoid the financial obligation.

While a sensitive judge may initially side with someone who claims missed payments and then foreclosure due to bad business decisions or being bad with money, no judge nor jury (nor bank) is going to allow someone to live mortgage payment free forever for years of repeated claims of financial inability (especially not without just cause and proofs). In short, the law compensates for harm caused by other's unlawful conduct but it does require personal responsibility and abhors self-injury.

If Peter wishes to discuss this matter further, kindly contact me and I will be open to listen. If anyone has a question or concern, we are happy to meet or speak for free anytime even if just to give advice based on experience. As Peter's defamatory comments are protected by the attorney-client privilege (but I am not protected likewise from them by being able to speak more openly), I ask you to grant me the benefit of the doubt as I am sworn to silence instead of more detailed response.

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