Complaint Review: M3 Legal Services-Mend My Mortgage Legal Services-Leland Moglen Esq. - Sacramento California

Hello consumers, the long-awaited and anticipated information about Leland Moglen and M3 Legal Services (aka Mend My Mortgage Legal Services) is finally here.

He is proud to announce that M3 Legal Services, the Law Office of Leland L. Moglen, we are the leader when it comes to loan modification companies. We are the best of the best at what we do. See our home page for more details on loan modification companies.

All of the posts written by Leland state, Written by Mend My Mortgage Legal Services | Loan Modifications | Mortgage Negotiation. So, we guess this means as a lawyer he does loan modifications and mortgage negotiation.

But at the bottom of his website that was created last month, it states, Copyright 2009 Loan Modification | Mortgage Negotiation | Attorney Based. All Rights Reserved.

Leland Louis Moglen attended San Francisco Law School and was admitted to practice law in the State of California on July 19, 1989.

State Bar No.: 141490

Address: 2386 Fair Oaks Boulevard, Sacramento, CA 95825.

Telephone #: 877-566-4536

FAX #: 916-366-1636

Email: [email protected]

But do you know what Leland Moglen did before 53 days ago? He was an estate planning attorney. He wrote wills and trusts and/or took you through probate if someone you loved didn't have a will or a trust.

He wrote durable powers of attorney, do not resuscitate clauses in Advanced Health Care Directives, and helped people decide what crappy piece of china went to what ungrateful granddaughter who just wanted cash to buy an IPOD.

Link to his California State Bar License:

http://members.calbar.ca.gov/search/member_detail.aspx?x=141490

But all that changed on December 26, 2008 when he formed a company and incorporated it in the State of California called M3 Legal Services, LLC. (RememberM3 = Mend My Mortgage.)

Then he joined the Real Property Law section of the State Bar of California so he could look like someone you could trust with your loan modification.

Link to his corporate license:

http://kepler.sos.ca.gov/corpdata/ShowLpllcAllList?QueryLpllcNumber=200836410062

Corporate Name: M3 Legal Services, LLC

Corporate Number: 200836410062

Corporate Address: 2386 Fair Oaks Boulevard, Sacramento, CA 95825.

However, if you click on the following link You'll find an entirely different address and you'll find yet a whole different toll free number than what is listed on his California law license:

http://www.m3legalservices.com/loan_modification_stop_foreclosure_save_my_home/

This is what you'll find:

M3 Legal Services

Loan Modification Center

1401 El Camino Avenue, #510

Sacramento, CA 95815

800-920-2848

The person to whom you would serve a lawsuit on M3 Legal Services, LLC, is none other than his lovely wife, Phyllis Moglen. Now, Phyllis has been emailing us urgently requesting that we post all our information online and give all relevant sources.

She claims to be a consumer that can't wait forever to get the truth about M3 so she can make up her mind whether to use them or not for her loan modification.

She adamantly states in each of her emails, Please don't state my email address in your comments section, like you did with that guy, Daniel. Your organization said that you would not post Daniel's email address and you did anyway.

Now, if you recall, Daniel was the pseudonym her husband, Leland, used and his email was [email protected].

We may not be the sharpest tools in the shed, but it doesn't take much to figure out who sent an email from [email protected] two days after Leland Moglen was published on our Hit List. It's not like he has a common name unrecognizable in bad loan modification circles, like James Parsa or Steven C. Feldman.

Anyway, Bad Biz Finder does not control what email shows or doesn't show. We have way too much on our plate to worry above this.

The California Rule of Professional Conduct 1-320 forbids attorneys from having financial arrangements with non-lawyers.

Since the folks that are helping you part with your money for legal retainer fees, are not lawyers, Leland L. Moglen has violated this rule.

For example, if you retain M3 Legal Services to handle your loan modification via a Legal Retainer Fee Agreement, it is mandatory that an attorney licensed to practice law in the state of California handles the matter from start to finish. That's why it's important for you to ask the questions we outlined in our post, CONSUMER ALERT: Questions to Ask a Lawyer Before You Work With Them on Your Loan Modification.

Law firms cannot allow a foreclosure consultant (paralegal, negotiator, etc.) to handle your loan modification. Foreclosure consultants are not attorneys and even paralegals that are supposedly under the supervision of an attorney are not licensed to offer legal advice.

Since the only income that law firms can legally collect are legal fees and the foreclosure consultant is paid a commission on the legal fees collected, then the law firm is guilty of sharing legal fees with a non-attorney.

Since the foreclosure consultants (negotiators) of M3 Legal Services are not licensed attorneys, they may also be prosecuted for practicing law without a license or possible charges of capping (which entails soliciting business for an attorney).

Also, without the necessary knowledge that a law degree brings, YOU, the consumer, will lose your leverage to negotiate, because the paralegal / foreclosure consultant / negotiator won't know the law and more than likely the appropriate litigation defenses will not be asserted.

Lastly, on his website, Leland states, About the Negotiators at Mend My Mortgage Negotiations Firm: With a never ending commitment to assist homeowners, our experienced negotiators are dedicated to working out a program with your lender to get your loan modified' into terms that give you peace of mind and make homeownership enjoyable again!

Really, come on, are they paralegals, negotiators, Michael Jackson look-a-likes, foreclosure consultants, or what? And where are all the attorneys supervising this motley crew?

* * * * *

We must pause now for a short commercial break and introduce you to Ken Henderson, M3 Legal Service's self-professed Dream Fulfillment Technician. You can take a look at http://activerain.com/kenhenderson## to see the miracle unfold before you.

This is what he has to say about his lofty title and purpose-driven life at M3 Legal Services:

Hi my name is Ken Henderson and I am a Dream Fulfillment Technician

Call me at (916) 473-1744!

Ken's testimonial about himself with no validation:

We recently modified a mortgage for a client who owed $360,000 on their mortgage, their home was worth $230,000 and they had a high adjustable interest rate of 9.75%! We successfully reduced the principal balance by over $90,000 and also reduced the rate to a 7% 30 year fixed mortgage!

[Bad Biz Finder is not buying that, no sir.]

Ken continues:

What is a Dream Fulfillment Technician you ask, What do I do? Well to Start;

I help people realize the dream of homeownership. I also assist people in planning their financial futures through strategic, beneficial refinancing and equity management that helps them achieve the lifestyle they desire. Last, working with me as your loan officer whether client or realtor is a pleasant dream! I take pride in offering my clients and business partners (i.e. realtors, etc) the very best service and enjoy educating my customers on mortgage products and financial strategies.

I work by three basic principles that I feel help me to excel. They are;

Treat others the way I would want to be treated ALWAYS!

Slow to speak but quick to listen!

Communicate Early, and Communicate often!

I have been in the mortgage industry for over 5 years and as a result of my commitment to excellence and open communication, I continue to see my business grow despite what the market is doing.

I realize in this uncertain market, you need a competent, dedicated mortgage professional, that takes his job seriously with access to a variety of products to suit you or your clients individual needs. I close loans in all 50 states and know how to move A Paper to Sub-prime scenarios in a fast, efficient manner.

Being more then just a loan officer, I focus on creating mortgage solutions that best interact with a clients overall financial objectives by developing a blueprint that helps them to use their equity as a retirement vehicle. One size does not fit all in my book. Each situation requires its own specialized plan.

I look forward to making new acquaintances, clients and business partners and remember Doing ordinary things CONSISTENTLY produces EXTRA-ORDINARY Results!

Success to All,

Ken Henderson

916-473-1744

888-695-0623

www.kenhenderson.net

Testimonials

Ken took care of me and my daughters refinance. He got me a great payment. I would recommend him to everyone. J. Lewis - Miami, FL

(More to come!) Wait a minute, Miami?

Leland, you must be so proud of your protg!

* * * * *

Back to our regularly-scheduled programming

We discussed Rules of Professional Conduct, Rule 1-320 (sharing legal fees with non-attorneys) now let's see how Moglen has violated Rule of Professional Conduct 1-400 which sets forth the rules for advertising and soliciting by lawyers.

1. Cannot contain any untrue statement.

Like, negotiators are lawyers. Like, our paralegals are supervised.

Like, M3 Legal Services is the law offices of Leland L. Moglen J.D., MSBA,Where our Motto is Making homeownership enjoyable again!

Like, M3 Legal Services is a branch of the Law Offices of Leland Moglen, Esq. consisting of a team of highly trained paralegals under attorney supervision. This motivated core of well connected personnel aggressively, effectively, and quickly renegotiates down mortgage principal or interest usually both, according to the needs of the client.

There are no attorneys except Leland and there are two offices, one for the law office and one for the loan mod scam. Leland works in the law office and there is no attorney supervision in the loan mod scam.

[Above it said that M3 IS the law offices, here is says it is a BRANCH of the law offices.]

Like, About Leland - Practice Emphasis - Real Estate Business & Contract Law. That's not what his license says. (See link to license above.)

2. Cannot contain any matter that is false, deceptive, or which could confuse, deceive, or mislead the public.

Example: At the bottom of each page on the website, it gives you a link to all 50 state's foreclosure laws. Leland is only licensed to practice law in California. So, how can he be a Loan Modification Expert in all 50 states so much so that he can cite the relevant foreclosure law in all 50 states?

Example: In the Q & A section, a pretend prospective client asks, What is your success rate? Leland answers, At this time our success rate is 96.5% of being able to get a successful modification. [What does the "of being able to get" part mean?]

Example: He states, Our Loan Modification program is like mortgage for people with bad credit. If you cannot refinance because you have missed payments, are behind on payments or are severely upside down on your mortgage then our Loan Modification would be like a mortgage for People with bad credit. To Learn More about the Mortgage for People with bad credit. Give us at call at 800-920-2848.

[What the hell is this??]

Example: A Loan Modification is changing one or more aspect of your current loan WITHOUT REFINANCING. It is a response from lenders due to the foreclosure crisis that is going on. [Again, what the.]

Example: In the Q & A Section of the website, the question is asked, What can you do? Leland answers, Reduce Your Interest Rate and Payment! Lower your loan amount! Get you caught up if you are behind! Stall Foreclosure Sale! (Stop Foreclosure)! Advise you of ALL your Options! [He forgot, or take your advanced fee of $3500 and lose your number.]

Example: In the Q & A Section of the website, the question is asked, How long will it take? Leland answers, This will all depend on your lender, normally the process takes us 45-60 days however we ask to be prepared for it to take 120 days. Maybe he should have just answered, How long d'ya got?

3. Cannot omit to state any facts necessary to ensure that an attorney / law firm is not misleading the public.

Example: At the bottom of each page of the website it states: Copyright 2009 Loan Modification | Mortgage Negotiation | Attorney Based. All Rights Reserved. Attorney-based mean founded by an attorney. It does not mean that you will be working with an attorney on your loan modification. As a matter of fact, based on our experience, it means you won't be working with an attorney on your loan modification.

Example: He omits the use of the word attorney, and rather uses the word negotiator, and will tell you that it means the same thing; that it's just jargon in the loan modification industry.

Example: Moglen Cleverly Covers His A%% in his Cash For Keys Program: If, in the unfortunate event we cannot modify your mortgage, we will attempt to negotiate a reasonable cash for keys program that will give you money to move to your next location. So, if you pay him your last $3500 and he can't do anything for you at least he'll try to get you a moving truck and a bunch of sweaty ex-cons to break your stuff.

4. Cannot fail to indicate clearly, expressly, or by context, that it is a communication or solicitation.

Don't see that anywhere on his website.

5. Cannot be transmitted in any manner which involves intrusion, coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.

It doesn't state it anywhere but believe us when we tell you that if this was not occurring we would not have had the consumer complaints which would lead us to spend hours on this post to convince you to stay away.

6. Cannot state that an attorney / law firm is a certified specialist unless the attorney / law firm holds a current certificate as a specialist issued by the Board of Legal Specialization of the State Bar.

Also, a violation of this element would be if an attorney states or implies that he or she is a certified specialist unless such communication also states the complete name of the entity which granted the certification as a specialist.

By the way, according to this rule: certified specialist = expert.

Example: On the website: M3 Legal Services: Loan Modification Experts Contact Us, (800) 920-2848.

Example: At the bottom of each page it gives you a link to all 50 state's foreclosure laws. Leland is only licensed to practice law in California. So, how can he be a Loan Modification Expert in all 50 states so much so that he can cite the law relevant to foreclosure laws?

Example: Then he contradicts this alleged expertise by posting an information chart on all 50 states where he can't even tell you if the state practices judicial or nonjudicial foreclosures. See all those question marks inside the tiny diamonds? Then he pretends to tell consumers all over the United States how many days it will take to process their loan modification.

Example: Then he completely back-peddles and as a CYA on his so-called expertise in all 50 states on the U.S., puts in his website, The above table represents our current knowledge of which states use mortgages (judicial) or deeds of trust (non-judicial) or both. The table also includes estimated foreclosure timelines for each state. Please check with your local county government to verify this information.

Example: Ok, now he is a bankruptcy specialist as well. He states, Getting a Mortgage After Bankruptcy is possible. Most lenders require that you wait two years and you must rebuild your credit. At M3 Legal Services, we have developed partnerships with mortgage, debt settlement and credit repair companies that can help you get Mortgages after bankruptcy. If you are interested in getting mortgages after bankruptcy whether Chapter 7, 13 or 11 ask your sales associate how we can assist you with mortgages after bankruptcy.

[Okay, now there are sales associates, highly-trained paralegals, negotiators, and attorneys supervising the whole zoo.]

Example: AND A MORTGAGE DEBT CONSOLIDATION SPECIALIST. If you are looking for a mortgage debt consolidation loan company, read these quick facts! We have reduced principal balances on mortgages up to $90,000. We dropped a client's principal balance from 360,000 down to 270,000! We have an excellent mortgage debt consolidation loan company program that will look out for your best interest. Rescuing your home making it more affordable and doing proven debt consolidation. If you have any questions about the mortgage debt consolidation loan company program please call us at 800-920-2848!

7. Cannot contain guarantees, warranties, or predictions regarding the result of the representation.

Example: In the Q & A section, a pretend prospective client asks, What is your success rate? Leland answers, At this time our success rate is 96.5% of being able to get a successful modification. [Does this make sense to you?]

Example: Our Negotiations Team recently modified a loan for a client who HAD a pay option arm at 6.625% with a minimum payment of 1,435.79 set to recast March 1st. 2009. We Negotiated an interest rate freeze to 4.00% with an interest only payment of 1,321.09 AND got her October and November (2008) payments deferred until December 1st!!

Example: Our negotiation team reduced a 9.9% adjustable rate mortgage to a 6.2% 30 year fixed mortgage after setting up an aggressive repayment program since the borrower was behind over 11 months. Her payments went from $2,475.00 a month to $1,679.00 a month!! Saving her over $795.00 a month!!

Example: Our negotiation team had a client who was 7 months behind and had a trustee sale date coming up within a month. He was at a 6.0% fixed and was struggling to make the payment. Through our negotiation process. We got his rate reduced from a 6.00% down to 4.25% for the first 12 months, 5.25% for the next 12 months and a 6.25% AMORTIZED OVER 40 YEARS for the remainder of the loan, We also got the 7 months of arrears placed back in the loan! This client went from losing his home to getting a little positive cash flow each month from his renters!! Incredible!

Example: Our negotiation team, recently reduced a clients interest rate from 8.25% ADJUSTABLE down to 5.25% FIXED for 30 YEARS!! With a major mortgage company!

Example: He tries to make it sound like he doesn't require advanced fees by stating, The Mortgage Modification Agreement will be reached after we have successful negotiated terms with your lender. You are responsible to sign the Mortgage Modification Agreement, if the terms are acceptable to you. M3 Legal Services does not complete the Mortgage Modification Agreement, the home owner must sign and return the document to the Lender.

Example: For More Questions about the Mortgage Modification Agreement, please call or email us. [First of all, how did he graduate from law school without a basic grasp of the English language?] What he is referring to is this: If they are successful in reaching a loan modification offer (after you pay him $3500) then you'll work it out with your lender via a The Mortgage Modification Agreement. The operative word here is, IF.

8. Cannot contain testimonials about or endorsements of an attorney / law firm unless such communication also contains an express disclaimer such as this testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

(See above.) PLUS the above quotes are under the section entitled, Successful Loan Modifications and Successful Loan Modification Clients.

Example: He states on his website, A Loan Modification at M3 Legal Services is a permanent change in one or more of the terms of a loan, allowing the loan to be reinstated, resulting in a payment the homeowner can afford.

9. Cannot be delivered to a potential client whom the attorney / law firm knows or should reasonably know is in such a physical, emotional, or mental state that he or she would not be expected to exercise reasonable judgment as to the retention of counsel.

This is an easy one. Lying to people that are about to lose their home is reprehensible. We can't think of many other situations when a person is in a worse physical, emotional, or mental state and is more vulnerable. Owners of companies like M3 Legal Solutions are getting rich by capitalizing on consumer's impaired judgment, fear and willingness to do anything to save their home. It makes us sick.

Example: On his website he capitalizes on the fear by stating, Stop Foreclosure Save Your Home: Helping You thru your mortgage maze! Here at Mend my Mortgage Legal Services, we are a trusted advisor through this emotionally challenging time. We provide our clients solutions that help them not only save their home but live in them more affordably.

Example: On his website he states very matter-of-factly as if it is the ONLY way: Once the lender has exhausted its attempts to resolve the default with the homeowner, the next step is to contact an attorney to pursue court action. The attorney contacts the mortgagor to try to resolve the default. If the mortgagor is unable to pay off the default, the attorney files a lis pendens (lawsuit pending) with the court. The lis pendens gives notice to the public that a pending action has been filed against the mortgagor. The purpose of the action is to provide evidence of a default and get the court's approval to initiate foreclosure.

Example: He states, My office renegotiates mortgages for beleaguered homeowners.

10. Cannot seek work for the attorney for legal fees transmitted by mail or other means [like a website] unless it has the word Advertisement, or Solicitation, or Newsletter in at least 12 point font print on the first page [home page].

We don't see any of those words anywhere.

11. Cannot state or imply no fee without recovery unless such communication also expressly discloses whether or not the client will be liable for costs.

Example: In answer to a website Q & A, the alleged customer asks Leland, Is there a money back guarantee? His answer is Yes, there is a partial money back guarantee, if we cannot get you any loan modification.

But why is he charging fees in advance for loan modifications? Just because the company is attorney-based, does not mean attorneys are handling your file. Which means that foreclosure consultants are handling the file (or as he puts it negotiators).

Since this is true, M3 Legal Services is a loan modification company with foreclosure consultants. As such, it must be in compliance with The California Foreclosure Consultant Act which prohibits advanced fees. If you don't believe us, read it on the California Attorney General's website in a recent Consumer Alert:

http://ag.ca.gov/cms_attachments/press/pdfs/n1627_consumer_alert_(english).pdf

Finally, as if that isn't enough already, Mr. Moglen claims to have successful loan modifications through the following companies and has a link to see the details but the things is, the links don't work. Well, here is the list anyway and don't judge us for the typos or non-existent companies, this is how it is presented on his website:

ASC Mortgage Company, Wells Fargo Loan Modification, Wamu Loan Modification, Citi Financial Mortgage, Citifinancial Loan Modification, Gmac Loan Modification, Litton Loan Services, Emc Mortgage Services, and EMC Loan Modifications.

That the story.

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