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Mark S. Baumkel

Mark Baumkel’s Answers

2 total

  • I want to know if there is a class action lawsuit against Countrywide that I could get in on?

    Before my 1st mortgage payment was late. I went to Contrywide's office and spoke to a loan officer there. He called Countrywide's Corp. office. We tried for 3 weeks to get them to help me by modifying my mortgage only be to be turned down. I have ...

    Mark’s Answer

    Your situation would be best taken care of by your own attorney, not by sitting back and waiting for inclusion in a class action involving thousands of persons. If you want legal help modifying your mortgage you need to hire an attorney in your local area who is working only for you.

    A variety of class actions involving so-called "predatory" mortgage lenders have been filed. If you are within the definition of the class of affected victims you do not "join" the case--rather you would automatically be inlcuded unless you opt out after getting notice when the case is certified by the court to proceed as a class action.

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  • After mitigation in a class action lawsuit, all but one client agree to the terms in mitigation, can it be settled without the 1

    Our case includes a class action lawsuit in which mitigation has been completed and all parties except one agree to settle. The attorney's advise to settle but one person is holding up everything. Can the only opposing individual be dropped from...

    Mark’s Answer

    Your case must be a very small class action involving perhaps less than 100 victims. I say this because in the typical class action involving thousands of victims a settlement will rarely require all class members to agree, and those who do not agree can opt out of the settlement and do nothing or sue on their own. If your settlement has terms in which the other side agrees to settle only if all victims agree to the proposed settlement, unfortunately there is no way to compel completion of settlement unless all victims agree (unless the opposing party agrees to change the terms so that agreement of all victims is not required).
    I have a suspicion that your case may not be a class action at all, but, rather, a joining together of several plaintiffs in one consolidated case--I say this, again, because virtually all actual class actions do not involve personal involvement of all victims, but only the named class representative; and when the case is settled anyone who does not agree to the settlement has the ability to opt out and the settlement then proceeds on behalf of the other members of the class.

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