Massachusetts Homeowner Allowed to Rescind Countrywide Mortgage

On September 27, 2011, Judge William Hillman of the U.S. Bankruptcy Court, District of Massachusetts, issued a 57-page opinion in which he ruled that Douglas and Mary Cromwell were entitled to rescind the mortgage which they obtained from Countrywide Home Loans in 2005. Rescission was granted on the grounds that at the loan closing Countrywide gave the Cromwells an improperly worded right-to-cancel notice and failed to give the Cromwells the required number of copies of the notice. As a result of this ruling, the Court declared the mortgage to be void and that Countrywide’s claim was to be treated as unsecured in the Cromwells’ bankruptcy estate. Attorney Kenneth D. Quat represented the Cromwells in this proceeding.

Supreme Judicial Court Reinstates MedPay Case

On July 25, 2011, the Massachusetts Supreme Judicial Court ruled in favor of Diane Golchin in her case against Liberty Mutual Insurance Company. Ms. Golchin had sought to recover medical payments benefits (“MedPay”) from Liberty as a result of injuries suffered in an auto accident, but Liberty Mutual denied her claim on the basis that the medical expenses had already been paid by Ms. Golchin’s health insurer. The Court held that the Worcester Superior Court had erred in dismissing Ms. Golchin’s complaint, and that once an insurer has fully paid out available PIP benefits an insurer cannot withhold MedPay benefits for expenses even though they may have been paid or satisfied by the claimant’s health insurer. The case has been remanded to the Worcester Superior Court, where Ms. Golchin intends to seek class action status. Ms. Golchin is being represented by Attorney Kenneth D. Quat and Attorney Elliot Beresen.

Gillette Settlement Approved

On March 25, 2011, Judge Douglas Woodlock of the United States District Court, District of Massachusetts, granted final approval to a nationwide class action settlement in the case of Dearman v. Gillette. The case was brought as a result of allegedly false advertising by Gillette in connection with its M3P power razors. Attorney Kenneth D. Quat represented one of the lead plaintiffs in this action. Further information about the settlement is available at www.m3powersettlement.com.

Cases Filed Due to Insurers’ Handling of PIP Claims

Quat Law Offices is co-counseling six class action cases brought against Massachusetts auto insurers for underpaying and denying payment of medical expenses resulting from accidents. The cases allege that in evaluating personal injury protection (“PIP”) claims for payment of medical bills, the insurers use an incorrect standard and rely solely on databases that are biased and unreliable. Five of these cases are pending in Suffolk Superior Court, and one is pending in the United States District Court.

Cataldo Motion to Dismiss Denied (Again)

Judge Thomas Connelly has again denied a motion brought by Cataldo Ambulance Service to dismiss a lawsuit filed by Rachel Garbee. This Suffolk Superior Court case, which is co-counseled by Quat Law Offices, alleges that Cataldo unlawfully charged interest on an ambulance bill which remained unpaid after thirty days even though the plaintiff never agreed to be responsible for interest charges. Judge Connelly stated in his initial decision that Cataldo “did not have the right to add on the charge of interest.”

Information Regarding Foreclosure Defense

For several years Quat Law Offices has been providing aggressive and successful representation to homeowners attempting to stave off foreclosure. It is important to note that each situation is different and each case must be evaluated individually. Due to the complexity of the issues involved and the volume of documents to review, there is almost always a fee charged for an initial consultation regarding foreclosure defense. We believe that the fee is extremely reasonable. Please contact the office if you would like more information on our foreclosure services.

Cavalry Lawsuit Dismissed

A collection lawsuit filed by Cavalry Portfolio against a client of Quat Law Offices has been dismissed following trial in the Plymouth District Court. Cavalry is a "debt-buyer" which claimed in the case that it had the right to collect an old credit card debt. Court found that Cavalry failed to adequately prove that it acquired the debt in question, and dismissed the case.

Car Seizure Fees Challenged

Quat Law Offices has filed two lawsuits challenging fees charged to and collected from consumers when a cars is seized pursuant to a court execution. In both cases, consumers were charged $600 as a "seizure fee." Plaintiffs claim that not only is the fee grossly excessive, well above that permitted by Massachusetts law, but further that such a fee cannot be passed on to the consumer absent a court order. Defendants in one case are the Worcester law firm of Melia & Osol and constables Constance Sorenson and Gerald Connors. Defendants in the second case are the Worcester County Sheriff's Office, Forsyth Law Offices, and Attorney Carl Brugnoli.

SJC Grants Review in Liberty Mutual "MedPay" Case

The Massachusetts Supreme Judicial Court has granted further appellate review in the case of Golchin v. Liberty Mutual, which Quat Law Offices is co-counseling with Attorney Elliot Beresen of Framingham. The case alleges that Liberty Mutual wrongfully refused to provide "Medical Payments" benefits to injured persons simply on the basis that the bills in question had been covered by health insurance. Plaintiffs believe that such benefits are clearly called for under the terms of the auto policies and Massachusetts law, but the Worcester Superior Court and Appeals Court disagreed. In seeking further appellate review from the SJC, plaintiff was assisted by an amicus motion filed by the Massachusetts Academy of Trial Attorneys.

New Mortgage Assistance Plan Announced for Unemployed

Further information: www.boston.com/business/personalfinance/articles/2010/10/06/us_offers_mortgage_aid_to_the_jobless/

California Case Against American Laser Centers Certified as Class Action

On February 11, 2010, the Superior Court of Orange County, California, certified the case of Souttaphonh v. ALC-Partner, Inc., to proceed as a class action. The claims asserted in the case are that American Laser Center facilities in California unlawfully denied refunds to consumers who requested them, and that ALC failed to provide proper medical supervision for laser hair removal and laser skin treatments. A class was certified with respect to each claim, and Attorneys Jeffrey Wilens and Kenneth D. Quat were appointed as class counsel. Minor modifications to the Court's certification order were issued on April 6, 2010. Notices informing class members of the Court's ruling will be mailed in the near future.