Google Groups no longer supports new Usenet posts or subscriptions. Historical content remains viewable.
Dismiss
Unreal
20 views
Skip to first unread message
Sinclair
May 15, 2012, 12:17:52 AM5/15/12
to
Alton attorney Emert Wyss thought he could make money in a Madison
County class action lawsuit, but he accidentally sued himself instead.
Now he has four law firms after his money - and he hired all four.
Wyss's boomerang litigation started in 2002, when he invited Carmelita
McLaughlin to his office at 1600 Washington St. in Alton. Acting as
her attorney when she bought a home in Alton and when she refinanced
it, on both occasions she had chosen Centerre Title--a company that
Wyss owned--to close her loans.
In the course of the attorney-client relationship, Wyss advised
McLaughlin she might have a claim against Alliance Mortgage, holder of
the first mortgage. Wyss believed Alliance Mortgage might have broken
the law by charging a $60 fax fee when she refinanced.
He produced a retainer agreement providing for his legal services and
those from the Lakin Law Firm of Wood River, Campbell and Brinkley of
Godfrey, Freed and Weiss of Chicago, and Diab and Bock of Chicago.
McLaughlin signed.
The Lakin firm filed a class action complaint against Alliance
Mortgage in 2003. The complaint identified the Chicago firms and
Campbell and Brinkley as other attorneys of record, but not Wyss.
According to the complaint, McLaughlin objected to the fax fee at
closing.
Alliance Mortgage retained attorney Don Brown of Weiner Brodsky Sidman
Kider, of Washington, D. C.
The deposition
In a deposition last year, Brown asked McLaughlin if she objected to
the fees in general or the fax fee. She said, "To the fees in
general."
Brown asked if she saw a payoff statement. She said she did not recall
it.
"If you didn't see this document at loan closing then how would you
have known that you were being charged a fax fee?" Brown asked.
"I knew I was being charged fees but I didn't know that it was
particular, you know, that it was a fax fee," McLaughlin responded.
"Did you review this complaint for accuracy before your attorneys
filed it?" Brown countered.
McLaughlin replied, "no."
"Centerre Title is the one that collected the fees from you that you
are now complaining about, is that right?" Brown questioned.
McLaughlin said, "yes."
"Mr. Wyss was suggesting to you that you might want to complain about
fees that his employee collected from you. That's right, isn't it?"
Brown questioned.
McLaughlin said, "yes."
Brown asked what Wyss said about the fax fee. But in the deposition,
attorney Paul Marks of the Lakin firm objected.
"Attorney client privilege," Marks said. "Confidential in nature."
Brown countered, "If he is her attorney maybe he should be here, but
he is not her attorney."
Directing his questions again to McLaughlin, Brown asked if she knew
how other law firms came to represent her. She said she did not.
"Were you ever asked whether you would consent to have any of these
other law firms represent you in this litigation?" Brown asked.
"I was told there, you know, might be other people, and I did not have
a problem with that," McLaughlin replied.
"The fax fee of $60 represents two payoff statements, is that right?"
Brown asked.
McLaughlin said she did not know.
"That would represent a fax fee of $30 per payoff statement, is that
right?" Brown asked.
McLaughlin said, "If you say so. I don't know."
Brown asked if she understood that her lawyers would seek compensation
for her as a class representative if the suit succeeded.
McLaughlin said, "That is my understanding."
"But you have no understanding of what amount might be involved, is
that right?" Brown asked.
McLaughlin said, "no."
Brown deposes Wyss
Turning his attention to Wyss, Brown asked if plaintiffs he referred
to the Lakin firm were told that he might receive part of the fees.
"They have signed an engagement, a retainer agreement which indicates
that I am one of the attorneys representing them," Wyss responded.
"You have retainer agreements then, in your possession, to give to
people that include the Lakin law firm as one of the firms that will
represent them, is that correct?" Brown asked.
Wyss said, "yes."
Brown asked what prompted him to refer mortgage cases to the Lakin
firm. Wyss said attorneys told him they were aware of lender abuse and
suggested that he review Centerre Title files to see if his clients
were victimized.
When asked who told him that, Wyss replied "Tim Campbell."
Brown asked what prompted Campbell to talk to him.
"I consider him a true consumer advocate," Wyss said. "I don't know
how he became aware, but he apparently was aware of other lender abuse
in the area that I was not privy to."
Brown asked if Campbell had a retainer agreement in the McLaughlin
case.
Wyss said, "yes."
"The true consumer advocate hopes to make some money out of this case,
doesn't he?" Brown asked.
Wyss said, "probably."
"You yourself hope to make some money out of this case, don't you?"
Brown asked.
Wyss replied, "I would like to."
Brown asked Wyss if he was McLaughlin's attorney for purposes of this
litigation.
Wyss said, "I am one of her attorneys."
Brown asked if he was her attorney at the time Centerre Title closed
the loan.
Wyss said, "no."
"Emert Wyss, wearing his hat of Centerre Title company, collects the
fees from Ms. McLaughlin, and now we have six, seven, eight months
later, Emert Wyss wearing his hat as Ms. McLaughlin's attorney
suggests she file suit over the very fees his title company collected
from her, is that right?" Brown asked.
Wyss replied, "That is right. It oversimplifies it, but that is
correct."
Brown asked Wyss if he had an agreement with the Lakin firm, and he
responded that he had a verbal agreement.
When Brown asked what it was, Wyss replied, "I am to receive 10
percent of the attorney fee collected on these cases."
"Since Ms. McLaughlin signed a written retainer that included your
name on it as one of her attorneys, can you tell me why your name is
not on her complaint?" Brown asked.
Wyss said, "I see no reason why it has to be on the complaint."
Brown asked if he reviewed the complaint before it was filed and Wyss
answered, "I do not believe I did, but I am not really sure. I may
have."
"You have no recollection of reviewing it before it was filed?" Brown
asked.
Wyss said, "No recollection at the moment, no."
Case status
After completing the depositions, Brown moved Circuit Judge Phillip
Kardis for summary judgment.
County class action lawsuit, but he accidentally sued himself instead.
Now he has four law firms after his money - and he hired all four.
Wyss's boomerang litigation started in 2002, when he invited Carmelita
McLaughlin to his office at 1600 Washington St. in Alton. Acting as
her attorney when she bought a home in Alton and when she refinanced
it, on both occasions she had chosen Centerre Title--a company that
Wyss owned--to close her loans.
In the course of the attorney-client relationship, Wyss advised
McLaughlin she might have a claim against Alliance Mortgage, holder of
the first mortgage. Wyss believed Alliance Mortgage might have broken
the law by charging a $60 fax fee when she refinanced.
He produced a retainer agreement providing for his legal services and
those from the Lakin Law Firm of Wood River, Campbell and Brinkley of
Godfrey, Freed and Weiss of Chicago, and Diab and Bock of Chicago.
McLaughlin signed.
The Lakin firm filed a class action complaint against Alliance
Mortgage in 2003. The complaint identified the Chicago firms and
Campbell and Brinkley as other attorneys of record, but not Wyss.
According to the complaint, McLaughlin objected to the fax fee at
closing.
Alliance Mortgage retained attorney Don Brown of Weiner Brodsky Sidman
Kider, of Washington, D. C.
The deposition
In a deposition last year, Brown asked McLaughlin if she objected to
the fees in general or the fax fee. She said, "To the fees in
general."
Brown asked if she saw a payoff statement. She said she did not recall
it.
"If you didn't see this document at loan closing then how would you
have known that you were being charged a fax fee?" Brown asked.
"I knew I was being charged fees but I didn't know that it was
particular, you know, that it was a fax fee," McLaughlin responded.
"Did you review this complaint for accuracy before your attorneys
filed it?" Brown countered.
McLaughlin replied, "no."
"Centerre Title is the one that collected the fees from you that you
are now complaining about, is that right?" Brown questioned.
McLaughlin said, "yes."
"Mr. Wyss was suggesting to you that you might want to complain about
fees that his employee collected from you. That's right, isn't it?"
Brown questioned.
McLaughlin said, "yes."
Brown asked what Wyss said about the fax fee. But in the deposition,
attorney Paul Marks of the Lakin firm objected.
"Attorney client privilege," Marks said. "Confidential in nature."
Brown countered, "If he is her attorney maybe he should be here, but
he is not her attorney."
Directing his questions again to McLaughlin, Brown asked if she knew
how other law firms came to represent her. She said she did not.
"Were you ever asked whether you would consent to have any of these
other law firms represent you in this litigation?" Brown asked.
"I was told there, you know, might be other people, and I did not have
a problem with that," McLaughlin replied.
"The fax fee of $60 represents two payoff statements, is that right?"
Brown asked.
McLaughlin said she did not know.
"That would represent a fax fee of $30 per payoff statement, is that
right?" Brown asked.
McLaughlin said, "If you say so. I don't know."
Brown asked if she understood that her lawyers would seek compensation
for her as a class representative if the suit succeeded.
McLaughlin said, "That is my understanding."
"But you have no understanding of what amount might be involved, is
that right?" Brown asked.
McLaughlin said, "no."
Brown deposes Wyss
Turning his attention to Wyss, Brown asked if plaintiffs he referred
to the Lakin firm were told that he might receive part of the fees.
"They have signed an engagement, a retainer agreement which indicates
that I am one of the attorneys representing them," Wyss responded.
"You have retainer agreements then, in your possession, to give to
people that include the Lakin law firm as one of the firms that will
represent them, is that correct?" Brown asked.
Wyss said, "yes."
Brown asked what prompted him to refer mortgage cases to the Lakin
firm. Wyss said attorneys told him they were aware of lender abuse and
suggested that he review Centerre Title files to see if his clients
were victimized.
When asked who told him that, Wyss replied "Tim Campbell."
Brown asked what prompted Campbell to talk to him.
"I consider him a true consumer advocate," Wyss said. "I don't know
how he became aware, but he apparently was aware of other lender abuse
in the area that I was not privy to."
Brown asked if Campbell had a retainer agreement in the McLaughlin
case.
Wyss said, "yes."
"The true consumer advocate hopes to make some money out of this case,
doesn't he?" Brown asked.
Wyss said, "probably."
"You yourself hope to make some money out of this case, don't you?"
Brown asked.
Wyss replied, "I would like to."
Brown asked Wyss if he was McLaughlin's attorney for purposes of this
litigation.
Wyss said, "I am one of her attorneys."
Brown asked if he was her attorney at the time Centerre Title closed
the loan.
Wyss said, "no."
"Emert Wyss, wearing his hat of Centerre Title company, collects the
fees from Ms. McLaughlin, and now we have six, seven, eight months
later, Emert Wyss wearing his hat as Ms. McLaughlin's attorney
suggests she file suit over the very fees his title company collected
from her, is that right?" Brown asked.
Wyss replied, "That is right. It oversimplifies it, but that is
correct."
Brown asked Wyss if he had an agreement with the Lakin firm, and he
responded that he had a verbal agreement.
When Brown asked what it was, Wyss replied, "I am to receive 10
percent of the attorney fee collected on these cases."
"Since Ms. McLaughlin signed a written retainer that included your
name on it as one of her attorneys, can you tell me why your name is
not on her complaint?" Brown asked.
Wyss said, "I see no reason why it has to be on the complaint."
Brown asked if he reviewed the complaint before it was filed and Wyss
answered, "I do not believe I did, but I am not really sure. I may
have."
"You have no recollection of reviewing it before it was filed?" Brown
asked.
Wyss said, "No recollection at the moment, no."
Case status
After completing the depositions, Brown moved Circuit Judge Phillip
Kardis for summary judgment.
toci
May 15, 2012, 7:02:30 AM5/15/12
to
AndyS
May 17, 2012, 10:38:20 AM5/17/12
to
Please explain why you are posting this tripe
on a global newsgroup when you are not even
a citizen ot that country ....
I suggest that you need to get out more... or
maybe get a girl friend....
Your life seems to be too hollow......
Andy in Eureka, Texas
on a global newsgroup when you are not even
a citizen ot that country ....
I suggest that you need to get out more... or
maybe get a girl friend....
Your life seems to be too hollow......
Andy in Eureka, Texas
Message has been deleted
Sinclair
May 17, 2012, 2:22:06 PM5/17/12
to
On May 17, 5:40 pm, Gin <Spr...@someprairie.com> wrote:
> ~~~~~~~~~~
> Be nice Andy, or I'll be forced to drive up to your house and steal all
> your beer!
>
> --
> Gin in Texas <---just finished mowing after all the rain
Everyone is entitled to thier own view.
> Be nice Andy, or I'll be forced to drive up to your house and steal all
> your beer!
>
> --
> Gin in Texas <---just finished mowing after all the rain
Everyone is entitled to thier own view.
anonym...@gmail.com
May 17, 2012, 3:33:20 PM5/17/12
to
On Thursday, May 17, 2012 9:40:39 AM UTC-7, Gin wrote:
> On Thu, 17 May 2012 07:38:20 -0700, AndyS wrote:
>
> On Thu, 17 May 2012 07:38:20 -0700, AndyS wrote:
>
> ~~~~~~~~~~
> Be nice Andy, or I'll be forced to drive up to your house and steal all
> your beer!
>
> --
> Gin in Texas <---just finished mowing after all the rain
You said "all". Does he have a lot? If he also has a fat lazy dog can I come with?
> Be nice Andy, or I'll be forced to drive up to your house and steal all
> your beer!
>
> --
> Gin in Texas <---just finished mowing after all the rain
Charlie
AndyS
May 17, 2012, 4:47:03 PM5/17/12
to
..... Every now and then I get in a feisty mood and question
why someone is monopolizing the newsgroup with trivia. But,
I guess, it's an open group, so I guess other people's trivia
is just as important as my own trivia......
Usually Sinclair posts interesting stuff..... I guess he just
got bored and felt like typing.........
**Dalin**
May 17, 2012, 5:19:41 PM5/17/12
to
post here yesterday.
With Jan gone we can't see the exciting battle between Canada and the
Scots.
IMO, newsgroups have personalities, and we haven't found ours yet.
Alt.fifty plus friends is mostly political and they have a big group
of people posting, some folks are downright nasty too. Alt.fiftyplus
is not political nor controversial and the group is much smaller and
hard for a new person to even come in since we all know each other so
well. This group is even smaller. Maybe we are still looking for
something to get us going.
Any ideas?
Dalin in New York
AndyS
May 17, 2012, 5:35:06 PM5/17/12
to
Well, I'd like to be able to swap photos of the posters here. If
one has
actually seen another person, they seem less likely to be insulting or
demeaning. When Russ Weber started soc.senior.issues, he also had
a web page where the posters could post their photos. Although there
was contention on that group, I don't think anyone who posted their
picture
was insulting....... or used an untraceable nickname to hide behind.
Anyway, Email is another way to do it. If anyone wants to swap
photos, send it to me at jungleandy1 at hotmail dot com as an
attachment. If you are on google groups, hitting "reply to author"
will
accomplish the same thing.. I'd enjoy "meeting" some of the other
posters here.
Andy Sharpe in Eureka, Texas
Eureka, a fine Christian community where Moslem men
are not allowed to beat their wives on Sunday...... without
a permit.
**Dalin**
May 17, 2012, 6:05:58 PM5/17/12
to
anyone has taken a pic of me in a couple of years. I don't like my
pic taken. I old! LOL!
Dalin
AndyS
May 17, 2012, 7:43:53 PM5/17/12
to
On May 17, 5:05 pm, **Dalin** <l...@usa.net> wrote:
> On Thu, 17 May 2012 14:35:06 -0700 (PDT), AndyS
>
>
>
> On Thu, 17 May 2012 14:35:06 -0700 (PDT), AndyS
>
>
>
One can do wonderful things with photoshop :>)))..... I have a
pretty nice one of myself on Arnold Schwartzennegers body, but
they won't let me use it for my drivers license..... I've noticed
that the
camera adds about 20 lbs to one's appearance..... so now I use
a smaller camera...
Andy
jingles
May 17, 2012, 8:49:39 PM5/17/12
to
2. If you don't want to read it then don't
jingles
Bigbazza
May 17, 2012, 10:48:03 PM5/17/12
to
"jingles" wrote in message news:jp46bb$pfr$1...@dont-email.me...
Barry Oz
Message has been deleted
Sinclair
May 18, 2012, 6:59:33 AM5/18/12
to
On May 18, 6:18 am, Gin <Spr...@someprairie.com> wrote:
>
> --
> Gin in Texas
Does Charlie come with the dog? What brand of Beer is Andy serving.
Myself I prefer bitter
> On Thu, 17 May 2012 12:33:20 -0700, anonymousewho wrote:
> > You said "all". Does he have a lot? If he also has a fat lazy dog can I
> > come with?
>
> > Charlie
>
> Yep to both. <grins>
> > You said "all". Does he have a lot? If he also has a fat lazy dog can I
> > come with?
>
> > Charlie
>
>
> --
> Gin in Texas
Does Charlie come with the dog? What brand of Beer is Andy serving.
Myself I prefer bitter
Message has been deleted
anonym...@gmail.com
May 18, 2012, 9:48:03 AM5/18/12
to
On Friday, May 18, 2012 4:25:27 AM UTC-7, Gin wrote:
> bet Andy has Natty Light because every day is Naturday! <big grins>
>
> http://tinyurl.com/6wke9v6
>
>
>
> --
> Gin in Texas
Light beer?
<spit>
I'll stay home. <g>
Charlie
> On Fri, 18 May 2012 03:59:33 -0700, Sinclair wrote:
>
> > Does Charlie come with the dog? What brand of Beer is Andy serving.
> > Myself I prefer bitter
>
> Well, Charlie has a two sweet pups, don't remember if Andy has dawgs. I
>
> > Does Charlie come with the dog? What brand of Beer is Andy serving.
> > Myself I prefer bitter
>
> bet Andy has Natty Light because every day is Naturday! <big grins>
>
> http://tinyurl.com/6wke9v6
>
>
>
> --
> Gin in Texas
Light beer?
<spit>
I'll stay home. <g>
Charlie
AndyS
May 18, 2012, 3:12:53 PM5/18/12
to
On May 18, 6:25 am, Gin <Spr...@someprairie.com> wrote:
> On Fri, 18 May 2012 03:59:33 -0700, Sinclair wrote:
> On Fri, 18 May 2012 03:59:33 -0700, Sinclair wrote:
> > Does Charlie come with the dog? What brand of Beer is Andy serving.
> > Myself I prefer bitter
>
> > Myself I prefer bitter
>
> Well, Charlie has a two sweet pups, don't remember if Andy has dawgs. I
> bet Andy has Natty Light because every day is Naturday! <big grins>
>
> http://tinyurl.com/6wke9v6
>
> --
> Gin in Texas
Andy responds, doggedly,
> bet Andy has Natty Light because every day is Naturday! <big grins>
>
> http://tinyurl.com/6wke9v6
>
> --
> Gin in Texas
THERE IS ABSOLUTELY NO JUSTIFICATION FOR "LITE"BEER !!!!
Andy in Eureka,
PS I don't know what the hell "Natty" means .. Is that
some British inside joke ? Here, in Texas, nats
are spelled with a "K", and we usually (but not always),
pick them out with a spoon when we drink from a glass..
...... from the can..... not so much ....
AndyS
May 18, 2012, 3:14:21 PM5/18/12
to
On May 17, 9:48 pm, "Bigbazza" <ba...@bazlpus.org> wrote:
> "jingles" wrote in messagenews:jp46bb$pfr$1...@dont-email.me...
Andy responds...
I never read things I don't want to read...... at least, I
don't think so......
However, I DO like to read things from people who post
interesting things..... Please try not to disappoint me.. :>)))
> "jingles" wrote in messagenews:jp46bb$pfr$1...@dont-email.me...
I never read things I don't want to read...... at least, I
don't think so......
However, I DO like to read things from people who post
interesting things..... Please try not to disappoint me.. :>)))
anonym...@gmail.com
May 18, 2012, 4:09:11 PM5/18/12
to
jingles
May 18, 2012, 6:52:53 PM5/18/12
to
interesting.....we could then follow suit <grin>
jingles (ducking for cover)
AndyS
May 18, 2012, 8:01:26 PM5/18/12
to
On May 18, 5:52 pm, jingles <mommab...@mail.com> wrote:
> Perhaps you could offer an example of the kind of things you find
> interesting.....we could then follow suit <grin>
>
> jingles (ducking for cover)
Andy replies
> Perhaps you could offer an example of the kind of things you find
> interesting.....we could then follow suit <grin>
>
> jingles (ducking for cover)
Anything you post is interesting. You are a fascinating
person....
Andy in Eureka, Texas
AndyS
May 18, 2012, 8:05:33 PM5/18/12
to
On May 18, 3:09 pm, anonymouse...@gmail.com wrote:
>
> The only justification I can think of is if you want people to know you are a girly man.
Andy comments
>
> The only justification I can think of is if you want people to know you are a girly man.
I hadn't thought of that....
By the way, the way lite beer is "made", is by reducing the
alcohol content..... If you look at the percent ethanol in regular
beer and that in "lite'beer, and compare the calories, you will
finde that the reduction in calories is almost eactly the amount
in the alcohol that is left out...
non-alcoholic beer ----- some sort of communist crap invented
to subvert red blooded merikins.....
Why the hell would someone want to drink something that'
doesn't give them a buzz...??????? Sounds like something
my mother would dream up......
Andy in Eureka, Texas
jingles
May 19, 2012, 7:20:23 PM5/19/12
to
jigles
AndyS
May 23, 2012, 12:17:43 PM5/23/12
to
On May 19, 6:20 pm, jingles <mommab...@mail.com> wrote:
>
> Well thank you....don't quite know how to answer that comment <blushes>
> jigles
Andy adds:
>
> Well thank you....don't quite know how to answer that comment <blushes>
> jigles
Well.... I bet you're really cute when your eye twinkle ....
:>))) Andy in Texas
jingles
May 24, 2012, 7:12:09 PM5/24/12
to
jingles
0 new messages