THE STATE BAR OF ARIZONA IS BROKEN – PART THREE
Written by: Mark and Carol Fairall
January 07, 2017
Protected by Copyright
THE ARIZONA BAR BREAKS THE LAW BY USING THE RETALIATION
IMPROPER ARIZONA DEBT COLLECTION: The Arizona debt collection business is out of control with improper lawsuits from debt collectors who fail to follow proper debt collection procedures. The Consumer Financial Protection Bureau (CFPB) reported 74,000 complaints were filed for improper debt collection in 2015. The number one Arizona consumer complaint filed with the Federal Trade Commission (FTC) in 2015 was for illegal and abusive Debt Collection. The FTC had 10,211 complaints about debt collection abuse violations filed by Arizonans in 2015 and most of the complaints were filed by the elderly. This problem has overloaded the court system in Arizona with junk debt lawsuits. In 2013, over 21,000 new junk debt collector Arizona lawsuits which represented 15% of the year’s total state lawsuits. The junk debt collection business is very profitable earning nearly $13 billion a year in the $100 billion a year industry.
One of the major problems in the Junk Debt Collector Industry is the failure of their lawyers to properly review the evidence before filing a lawsuit. It was noted that many debt collection attorneys spent less than a minute, often less than 30-seconds, reviewing a case before initiating a lawsuit. Their volume is so great and the attorneys are so greedy that they rush to illegal lawsuits. The CFPB requires the debt collector’s lawyer to contact the consumer to verify the debt and the consumer has 30-days to respond. Failure to allow the consumer 30-days to dispute the debt can lead to an unfair and costly lawsuit for the consumer to fight and it could cost the lawyer a $1000 fine plus repayment for the consumer’s costs and damages incurred in a FDCPA violation lawsuit.
The Arizona legal system and State Bar of Arizona (Bar) have failed to protect the homeowners from these vexatious litigious predators of the sick, elderly, and poor who illegally misuse the court system to steal homes. The State Bar of Arizona is failing to follow ARS Supreme Court Rule 32. It is no wonder that the United Nations HUMAN RIGHTS WATCH has stated in its 2016 report “RUBBER STAMP JUSTICE: US COURTS, DEBT BUYING CORPORATIONS AND THE POOR” the worst states that favor junk debt collectors was Arizona, Arkansas, and Tennessee.
BAR RETALIATION: The State Bar of Arizona refused to open our complaints against two slumlord attorneys, Scott E. Williams (filed on 05/13/2016) and Clint Goodman (Bar number #16-1633 filed on 05/28/2016), who have been previously found guilty of FDCPA violations. We feel our recent internet report about the broken State Bar of Arizona has caused this shocking Bar Retaliation and egregious Injustice! Our Two Broken Arizona Bar Reports can be found posted on the Internet on 08/13/2016 and 08/28/2016 at the below links:
We have been scammed by two corrupt attorneys and the broken State Bar of Arizona. We have had our Constitution Rights Violated by officers of the Court and the State Bar of Arizona (governmental entities). The Arizona Bar needs to be held accountable for failing to perform its duties and the crooked lawyers keep scamming people because of their favoritism. The State Bar of Arizona needs follow the law and investigate all attorney complaints.
Williams and Goodman break laws with illegal home foreclosure to make a quick profit for the cash hungry slumlord. These law-breaking attorneys make homeowners homeless with their illegal aggressive debt collection activities
CROOKED LAWYER INFORMATION ON SCOTT E. WILLIAMS: Williams runs an evictions assembly line, Williams, Zinman, & Parham PC, which files 10% of the Arizona slumlord evictions every year (now over 8,000 evictions a year). Mr. Williams brags that judges and politicians are grateful for his efforts as an elections attorney because he helps them keep their jobs. Mr. Williams has boasted that he has processed over 100,000 eviction lawsuits in the past 20 years. Mr. Williams was a Pro Tempore Justice Court Judge, handled the evictions for Maricopa County rentals, and wrote the Arizona Landlord and Tenant Act. Mr. Williams actively teaches at the State of Arizona Bar and is a politically well-connected friend of the Bar. We are very aware of Mr. Williams because he represented the 2005 Medicare Fraud Felon, Scott Green, at our previous senior living facility, Sun Grove Resort Village (SGRV), who defrauded the elderly. We wrote the SUN GROVE RESORT VILLAGE ELDER ABUSE STORY and sent it to the US Senate Special Committee on Aging, where it is being called one of the worst elder abuse crimes. A Fraud of the Court Motion was filed against Scott E. Williams, but it was declined. The judge that presided over the botched lawsuit, Melanie Deforest, was later removed from the bench for lying and incompetence. Scott E. Williams produces fake documents, tampers with witnesses, manipulates the court, and can make court records disappear.
The State Bar of Arizona refused to open our original 2010 complaint against Mr. Williams for his illegal activities. In the past seven year, 46 of our 66 documented SGRV elder abuse victims, have died without justice. Many of these elder abuse incidents were verified by our licensed private investigator, Jacob Mueller. Mr. Williams allowed the former SGRV manager to stop the delivery of my wife’s medication and refused a Reasonable Accommodations Request for continued medication delivery. Williams dummied up a fake SGRV “no mold report” that he obtained for free for a company that shortly went out of business so he hired the mold examiner for his lawyer group, ALTA. Williams aided the former SGRV manager, Scott Green, who was later discovered to be a 2005 Medicare Fraud Felon abuse and defraud the elderly. We were instrument to get Green back in jail for his parole violations. We were instrumental in getting a 43-year prison sentence for the Ponzi scheme, AREI/OAKDALE HEIGHTS, mastermind, James Koenig, because he defrauded 2,000 investors of $250 million and destroyed 23 senior living facilities which included SGRV. Mr. Williams told us he would get even for our filing complaints, but we had no idea it would include an attempted home foreclosure and attempted murder.
Our new 2016 Bar complaint is just the continuation of Mr. Williams’ HATE CRIMES against seniors who fight for their fair housing rights. It was reported to the Bar in my complaint that Scott E. Williams lied to HUD in my complaint #09-11-0405-8, Fairall v. Sun Grove Resort Village (SGRV), which caused HUD to wrongfully close my fair housing complaint on 04/04/2011. Williams dummied up a “free no mold” report from a mold examiner that he later hired. Also, Williams lied when he said it was the policy of SGRV to deny medication delivery. This has been verified by court documents and our private investigator’s, Jacob Mueller, report dated 01/23/2012 stating that the refusal of medications was done as a slumlord’s retaliation. It was reported to the Bar that this documentation was in our 100-page report, THE SUN GROVE RESORT VILLAGE ELDER ABUSE STORY, dated 04/13/2013 and sent to the US Senate and posted online. The Bar’s Chief Counsel, Maret Vessella, refused to read our new 05/13/2016 complaint against Scott E. Williams stating the matter was closed in 2011 and refused to read the documented discovered illegal perjury activities of Williams.
The Chief Bar Counsel at the State Bar of Arizona, Maret Vessella, took the cavalier attitude in her 09/23/2016 letter stating: “I have not re-reviewed the allegations regarding Mr. Williams and do not intend to, as the matter was closed over six years ago and is not subject to further review.” It is against the law that Ms. Vessella did not even review our new allegations of attorney Scott E. Williams’ FDCPA violations. The State Bar of Arizona is a “Good-Old-Boy” mandatory membership quasi-union that favors its friends. The State Bar of Arizona is failing to properly protect the public from wrongful home foreclosures and is failing to properly investigate all attorney complaints. The State Bar of Arizona has failed to follow the law which oversees, regulates, and disciplines all attorneys. The Bar has breached its Legal Duties, damaging the honor and dignity of the legal profession while causing us losses. The State Bar of Arizona has become an accomplice to Williams.
CROOKED LAWYER INFORMATION ON CLINT GOODMAN: We were forced into a bankruptcy to save our home from foreclosure because of a third-party attorney, Goodman, who failed to verify the SGRV debt. Mr. Goodman filed a new lawsuit on 07/30/2015 against us in his attempt to make us homeless by illegally foreclosing on our home with a ballooned slumlord lawsuit. The debt in question was passed on for any collection efforts by SGRV’s Fanny Mae lawyer on 10/30/2014 with its efforts to resolve our complaints and losses. Clint Goodman failed to timely notify us of the lawsuit until our mortgage lender informed us a month prior to the 03/23/2016 foreclosure hearing. We were forced to file bankruptcy on 03/22/2016.
The Ninth Circuit Court has stated that all multiple debt collectors are required to verify the legitimacy of the debt they are trying to collect with a Debt Verification Letter. This was a decision that reversed a previous judgment that Williams won Hernandez v. Williams, Zinman & Parham P.C on 07/28/2016. Clint Goodman failed to verify the slumlord debt prior to filing the lawsuit #CV2015-094180 – HOAZILLA LLC V MARK AND CAROL FAIRALL. We were forced to file bankruptcy because we never had any opportunity the dispute the validly of the debt plus the lawsuit was not timely served. Our house would have been foreclosed on and sold before any legal action could have been taken to keep us from being made homeless by the shyster attorney Goodman who does not follow the FDCPA. Goodman is also a repeat FDCPA violator with the 11/04/2014 case #CV-13-02659-PHX-DGC Torrie v. Goodman Law Office
SGRV property went through bankruptcy and foreclosure. The company that recently sued us was HOAZILLA LLC which is the investment company that bought Sun Grove Resort Village (SGRV) from Fannie Mae in 2015. The Fannie Mae attorney had written us in 2014 stating it they wanted to forgive our wrongful judgment for our removing our negative SGRV postings. We explained we had lost over $5,000 in apartment upgrade when SGRV refused to renew our 94-year old aunt’s, Catherine Reinertson, lease. This resulted in her death in next year when SGRV extorted $3,000 for her on top of making her move. Also, the fact that SGRV refuse to refund the illegally collected $450 fee charged for our licensed service dog. The Fannie Mae attorney did not continue demanding the removal of our negative internet postings and simply stated that they were not aware of the details of our SGRV grievances.
In 2015, SGRV was being remodeled and its name was changed to The Fountains at Lake Pleasant (FLP). The FLP was remodeling and needed quick cash and had an INVALID ASSIGNMENT OF JUDGMENT signed and filed the lawsuit for $30,000+ and placed an illegal lien our home. The invalid assignment was signed by the former manager and investor whose group lost $4.5 million when SGRV went bankrupt in 2013 and closed. We had attempted to pay the $2,600 rental debt but SGRV refused it wanting more money and then ballooned it to over $30,000.
The State of Arizona Bar has violated our Constitutional Rights by failing to properly do its job. I have discovered that the attorney Clint Goodman illegally used an Invalid Assignment of Judgment dated 04/01/2015 to sue us. The Bar wrote on its 09/23/2016 letter wrongly stated the lawsuit had factual support and no Rules of Professional Conduct was violated. The Arizona Bar rushed to a refusal to open my complaint #16-1633 against Clint Goodman without a proper investigation.
Goodman failed to allow me the FDCPA 30-days to dispute the debt. Goodman failed to follow the law and failed to do his proper due diligence before he sued. Goodman did not have the legal right to sue us. Goodman should be disbarred for malpractice because he used an invalid assignment with no verification of the validity of the debt as required by law for his own personal gain. The Bar failed to properly investigate the authenticity of the Assignment of Judgment that was illegally used to sue me and make my family homeless in order to just raise money for a slumlord. Goodman violated ER 8.4 MISCONDUCT of Professional Rules of Conduct for attorneys by being dishonest in prejudicing and influencing the administration of justice with an invalid assignment of judgment while ignoring our Constitutional Rights.
It was reported to the Bar in my complaint that Clint Goodman broke the FDCPA law by failing to allow me the 30-days to verify the debt. Again, Maret Vessella denied to open my complaint stating she had reviewed the lawsuit and wrongly stated that all was proper. That was a lie because the lawsuit #CV2015-09418 against us was based upon an Invalid Assignment of Judgment which was signed on 04/01/2015.
We discovered this evidence in recent motions filed by our bankruptcy attorney attempting to get the illegal lien cleared from my home which should have been removed in our bankruptcy. On 04/01/2015, Melchoir Lumetta wrongfully stated that he was the Managing Member of Sun Grove Resort Village (SGRV)when he assigned our judgment to Hoazilla. Lumetta lost that right because Fanny Mae owned the property after May 2013 because SGRV filed for bankruptcy (Two Years Prior). Lumetta was an angry investor in the SGRV property. His group bought the property in 2006 in the AREI/Oakdale Heights Ponzi scam. The 20 investors lost $4.5 million when the real estate collateral based investment Ponzi scam collapsed. SGRV was repossessed by Bank of America but the bank had a Fannie Mae guarantee of the SGRV loan. Lumetta did not have the authority to assign our SGRV judgment on 04/01/2015. The invalid document was signed by Melchoir Lumetta who lost that authority when:
1. SGRV went bankrupt in May 2013 and was repossessed by Bank of America and Fannie Mae,
2. SGRV’s property and assets were sold in the 2014 Trustee’s Auction,
3. the Fannie Mae attorney stated in its 2014 letter that they had no interest to pursue our questionable debt and that the previous SGRV owners had no interest or authority,
4. Blue Valley Apartments was the owner as of 06/14/2014,and
5. SGRV TERMINATED its corporation with the Arizona Corporation Commission on 03/31/2015 (which was the day before the invalid assignment of judgment was signed).
Closed corporations with no assets or authority have no rights to sue people. The lawsuit never should have been filed. It was just more harassment and an illegal attempt to obtain operating capital for a new owner slumlord that was remodeling for a reopening of the senior living facility as The Fountains at Lake Pleasant.
The BAR does not have to authority and luxury to refuse to read a complaint disclosing where a lawyer is breaking the law. The Bar does not have the right not to properly open an attorney complaint while making a biased and incorrect opinion that the lawsuit was proper when it was based upon an invalid assignment of judgment. The BAR is not properly performing its legal duty and has violated our Constitutional Rights.
We have spoken to many other victims of the corrupt Arizona Bar and they complain that it shows favoritism to friends of the Bar. The Arizona Bar should be reorganized into a voluntary membership organization that is fair to all attorneys and the public. The present Arizona Bar is a bloated overpaid group of lawyers who charge the highest membership fees in the United States while doing virtually nothing but harming people it does not like.
SUMMARY: This is the price for being Elder Protection Activists. SGRV was forced to file bankruptcy and closed because we reported its false internet advertising to the feds and it was forced to stop the scam. This was an “over-the-top” illegal Retaliation by a vindictive investor to get money and make us homeless. Melchoir J. Lumetta was the crooked SGRV investor and he was aided by the shyster attorney Goodman in this egregious elder abuse and senior financial exploitation fraud.
We have filed complaints and lawsuit requests with: the FTC, US Department of Justice, and other state and federal agencies against: Williams, Zinman, & Parham, Goodman Law, and The State Bar of Arizona.