Foreclosure Fighting Attorney Resists California Bar Efforts To Suspend His Practice

SAN DIEGO, May 30, 2013 /PRNewswire-USNewswire/ -- California attorney Robert G. Scurrah is continuing to challenge the California State Bar Association's effort to effectively shutter his services that benefit California homeowners and taxpayers.  

Mr. Scurrah, who has been a practicing California attorney for the past 35 years, operates a very successful law practice which has helped to save 3,500 homeowners from losing their homes, and has conservatively saved $67 million in foreclosure related costs for local communities. He is suing the California State Bar in Superior Court as he tries to stave off its attempt to stop him from helping California homeowners through his loan modification services. Meanwhile, hundreds of thousands of California homeowners are still struggling to stay in their homes as they look to modify their troubled loans.

The California Bar has not charged Mr. Scurrah with fraud, but wants to suspend him based on claims that he violated a state law (SB 94 - 2009) by billing in stages for his services.  Mr. Scurrah has offered undisputed testimony at his disciplinary hearing that the Bar expressly stated that it had found no impropriety with these same billing practices, but it is now prosecuting him for the same conduct it had previously advised him was proper. His lawyers have argued, including in their latest filing presented to the Bar Court on Tuesday that his loan modification practice complies with the 2011 interpretations of S.B. 94 by both the State Bar and the California Office of Attorney General, and is lawful.

Mr. Scurrah, a graduate and active alumnus of San Diego State University, is supported in his legal battle by testimonials of well-respected attorneys and by affidavits of clients and others who have directly or indirectly benefited from his services. Many are veterans living in the greater San Diego area, including Paul Denyer.

Mr. Denyer, a Veteran and Southern Californian, stated in an affidavit that but for Mr. Scurrah's representation on behalf of his son, an active-duty member of the military, his son would not only have lost his house but also his security clearance.

"Mr. Scurrah saved our son's home and quite possibly his career," said Mr. Denyer. "I can't imagine that he is the kind of lawyer the legislature had in mind when it passed S.B. 94 to crack down on predatory loan modification practices. Instead, he's the model of how to do a loan mod the right and ethical way."

Mr. Scurrah and his attorneys, including Mark N. Zanides, Esq., of Santa Ana, California, often note that California is the only state in the U.S. that prohibits loan modification lawyers from billing for services after they are performed but before the entire modification process is concluded.

In his civil action (Scurrah v. State Bar of California et. al., Sup. Ct. Orange County, Case No. 30-2012-00595756) he maintains that the State Bar's position is legally wrong, unconstitutional, and anti-homeowner. Tuesday's filing by Mr. Zanides, which includes a case chronology, also details how the State Bar's action constitutes interference with Mr. Scurrah's right to freely engage in commerce and protect embattled homeowners from foreclosure. Mr. Scurrah's Center (Consumer Debt Advocate Law Center), which has documented an 88.7% success rate in modifying loans, does not charge clients for an initial screening, and transparency is built into every stage of the process.

Widely regarded consumer advocate and law school Prof. Robert Fellmeth at the University of San Diego School of Law, and Executive Director of Center for Public Interest Law, may also be contacted to discuss this case regarding its public interest impacts. He can be reached at (619) 260-480 / [email protected]

Media coverage is neither encouraged nor discouraged by this case update. For more, you may wish to visit the public docket or contact Attorney Mark N. Zanides at 949 545 6526 on behalf of Attorney Scurrah. 

SOURCE Law Office of Mark N. Zanides