Note: Case was closed in 2015

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
CIVIL NO. 9:14-cv-81046

OCWEN LOAN SERVICING, L.L.C.,
Plaintiff,

v.

CONNOLLY, GEANEY, ABLITT & WILLARD,
P.C., a Rhode Island professional corporation, f/k/a
ABLITT SCOFIELD P.C., JOHN CONNOLLY,
JR., an individual, KEVIN GEANEY, an
individual, STEVEN ABLITT, an individual,
RACHELLE WILLARD, an individual, ROBERT
FEIGE, an individual, LAWRENCE SCOFIELD,
an individual, DURHAM COMMERCIAL
CAPITAL CORP., a New York corporation,
Defendants.

AMENDED COMPLAINT

Plaintiff Ocwen Loan Servicing, LLC, by and through its undersigned counsel, hereby
brings this amended complaint against Defendant Connolly, Geaney, Ablitt and Willard, P.C., a
Rhode Island corporation formerly known as Ablitt Scofield, P.C., Defendants John Connolly,
Kevin Geaney, Steven Ablitt, Rachelle Willard, Robert Feige, Lawrence Scofield, as individuals,
and Defendant Durham Commercial Capital Corp., a New York corporation, and as grounds
therefore alleges as follows:

INTRODUCTION
1. Ocwen Loan Servicing, LLC (“Ocwen”) brings this amended action against its
former attorneys, John Connolly (“Connolly”), Kevin Geaney (“Geaney”), Steven Ablitt
(“Ablitt”), Rachelle Willard (“Willard”), and Lawrence Scofield (“Scofield”) (collectively, the
“Law Partners”), their law firm Connolly, Geaney, Ablitt and Willard, P.C., formerly known as
Ablitt Scofield, P.C. (“CGAW” or the “Law Firm”), the Firm’s Chief Operating and Financial
Officer, Robert Feige (“Feige”) and an investment firm that claims it has a right to collect legal
fees from Ocwen. During the course of Ocwen’s representation by CGAW, the Law Firm
and/or the Law Partners committed malpractice and engaged in conduct that was unethical,
wrongful, negligent, and fraudulent. CGAW, and the Law Partners, regularly placed their
interests above Ocwen’s interests. CGAW, the Law Partners and Feige mismanaged trust
accounts containing funds belonging to Ocwen resulting in the misappropriation of at least $1.6
million of Ocwen’s money. Rather than disclose their mismanagement and wrongful conduct,
however, CGAW, Feige and/or the Law Partners failed to communicate with Ocwen, made overt
misrepresentations to Ocwen, and did not make any meaningful disclosures of pertinent
information to Ocwen until after they purported to abandon their law practice.

2. In this action, Ocwen seeks to recover the funds that CGAW, Feige and the Law
Partners mismanaged and misappropriated. In addition, Ocwen seeks a declaration establishing
its rights under the June 11, 2012 Local Counsel Agreement (the “LCA”), between Ocwen and
CGAW. Ocwen seeks to establish that any legal fees currently being claimed by the Defendants
are offset by the Defendants’ misconduct and, in any case, such fees are improper, unreasonable
and unconscionable. Ocwen further seeks to establish that, because of the breach of CGAW and
the Law Partners’ ethical, fiduciary, and statutory obligations to Ocwen, CGAW should be
required to disgorge and forfeit CGAW’s right to any fees.

3. As set forth in more detail below, Ocwen alleges the following causes of action
against CGAW: (a) malpractice; (b) breach of fiduciary duty; (c) breach of contract;
(d) indemnity; (e) declaratory relief; (f) unfair and deceptive acts and practices; (g) conversion;
(h) action for accounting (i) fraud/misrepresentation; (j) fraud by suppression; (k) negligence;
and (l) breach of implied covenant of good faith and fair dealing. Ocwen seeks to recover any
and all damages, including compensatory damages and costs incurred by Ocwen due to the
Defendants’ misconduct as well as attorneys’ fees and punitive damages for CGAW’s, Feige’s
and the Law Partners wanton and willful violation of law.

[…]

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