Ocwen Sues Foreclosure Mill Connolly, Geaney, Ablitt & Willard, P.C. For Malpractice, Breach of Contract, Unfair & Deceptive Practices, Fraud By Suppression & Fraud By Misrepresentation
Struggling mortgage servicer, Ocwen Financial is suing multi-state foreclosure mill, Connolly, Geaney, Albitt & Willard, P.C. (CGAW) in a multi-million dollar malpractice and fraud case. In the suit, Ocwen alleges CGAW misappropriated over $1.6 million of retainer fees they received from Ocwen.
The suit accuses foreclosure mill CGAW of intermingling the corporate and personal accounts of the managing partners of the firm and were negligent in their management of the trust accounts that held Ocwen’s funds. Ocwen also alleges CGAW and it’s attorneys made affirmative misrepresentations to Ocwen and withheld material information and placed their own interest ahead of Ocwen.
According to Ocwen, during the period of representation, CGAW failed to exercise reasonable care, skill, and diligence in performing legal services for Ocwen and were negligent in their management and misappropriation of the trust accounts that held Ocwen’s retainer.
The suit filed in Federal Court in West Palm Beach also alleges that CGAW failed to pay Durham Capital, a collections firm that CGAW hired to assist them in collecting money for Ocwen.
Ocwen alleges that in the course of the business relationship between Durham Capital and CGAW, that CGAW unlawfully conspired to, and in fact did, violate CGAW’s duty to maintain the confidentiality of their dealings with Ocwen and make unauthorized disclosures of Ocwen’s privileged communications and information.
In the course of this business relationship, Ocwen alleges Durham Capital and CGAW, through iits partners, unlawfully conspired to implement a scheme resulting in an unauthorized fee sharing agreement between an attorney and a non-lawyer with respect to legal fees paid by Ocwen.
The suit claims that due to the collapse of the law firm, Durham Capital is now attempting to collect unpaid fees CGAW owes them for handling the Ocwen accounts.