FORECLOSURE DEFENSE: VICTORY IN OHIO

OHIO STATE COURT CANCELS FORECLOSURE SALE AND STAYS FORECLOSURE CASE FILED BY TRUSTEE FOR BEAR STEARNS ASSET-BACKED SECURITIES ON FILING OF FEDERAL ACTION AGAINST BEAR STEARNS AND ITS BROKERS AND OTHERS FOR VIOLATIONS OF FEDERAL TRUTH-IN-LENDING ACT, FEDERAL REAL ESTATE SETTLEMENT PROCEDURES ACT, CONSUMER PROTECTION STATUTE, CIVIL RICO, FRAUD, AND OTHER RELIEF

In another historic victory for borrower victims of predatory loan practices, the Court of Common Pleas of Mahoning County, Ohio has entered an Order today canceling a foreclosure sale set for June 24, 2008 and staying same pending the outcome of the borrower’s Federal lawsuit which has been filed against Bear Stearns Residential Mortgage Corporation, Encore Credit Corporation, Option One Mortgage Corporation, Motion Financial, and broker Ellyn Klein Grober (of Motion Financial) sounding in claims for violations of the Federal Home Ownership Equity Protection Act, the Federal Real Estate Settlement Procedures Act, the Federal Truth-In-Lending Act, the Federal Fair Credit Reporting Act, the Ohio Consumer Practices Act, and the Ohio Mortgage Broker’s Act; Fraudulent Misrepresentation; Breach of Fiduciary Duty; Unjust Enrichment; Civil Conspiracy to defraud; and Civil RICO. The case was filed in the United States District Court for the Northern District of Ohio, Eastern Division.

The ruling comes on the heels of the June 19, 2008 press release, from the Federal Bureau of Investigation’s National Press Office, as to the more than 400 Defendants charged for their roles in mortgage fraud schemes, including 60 arrests in 15 districts. Charges were brought in every region of the United States and in more than 50 judicial districts by U.S. Attorneys’ Offices. The indictments included two Senior Managers of Bear Stearns who were indicted in a mortgage-related securities fraud case.

The Ohio state court ruling paves the way for borrowers seeking relief from foreclosure by parties who have, in many instances, falsely represented to the Courts that they have the proper capacity to institute a foreclosure action when quite the opposite is true. Recent judicial decisions in California and other states have stated very clearly that the question of legal standing to institute a foreclosure is paramount, and absent satisfactory proof of this threshold element, foreclosure may not proceed. The Federal case filed in Ohio in connection with the ruling of the Judge in Mahoning County seeks various additional forms of relief, including money damages, refund of all monies paid by the borrower, rescission, punitive damages, costs, and attorneys’ fees against the Defendants Bear Stearns, Encore Credit, Option One, and Motion Financial.

Jeff Barnes, Esq.

7 Responses

  1. Ok People, Re: A very brilliant Attorney, Jeff Barnes. Like the guy above I was duped by other attorneys too. They bragged about how many clients they had just to get us to sign up but once signed they just avoided us like we had a death wish. Just try to get one of your past attorneys to send your file to a new attorney, that’s impossible. Our Florida bar will go after them but will they slap the hand that feeds them? Yea right, good luck with that complaint. Then one day as I started to give up hope I found a fighting Pit Bull needed to do battle against the big boys, and he is wining Federal Cases all across our great country. It took some time to get this man on board because he doesn’t want long winded stories or clients who truly have no case. He is also very tough on the money issues. After 6 months of saving and borrowing every penny to hire him, I headed out from Florida to meet him in person in Beverly Hills, California. Turns out that I was very lucky to meet him because he spends most of his time at 40.000 feet traveling to his next case or conducting seminars for other attorneys on how to win their foreclosure cases . I called as soon as I arrived, he said come over. I entered a plain office on the corner of Wilsher Blvd and Rodeo Dr and I found Jeff to be a very warm and personalble man. He was not all lawyer talk but he did have a clear understanding of the law and how Americans have been raped by the banksters and servicers. He did give me a mouth full of all the technical and legal issues that pertained to our case and for the first time I really believe that we were going to win this battle. Now after several months of him being on board I have come to really appreciate who I have as a defense team. I do think Jeff Barnes including his nationwide defense team are going to be a hero to many families who have been victimized by the banks. I also feel that they are going to make a big different in all the courts across this land, Just read about his wins on the Internet.
    We always believed that the banksters had no standing, because of the securitization issues, the mortgage companies and servicers bankruptcy’s, but at this point I can only have faith in Jeff and my own case because we are just now realizing that all the documents that were submitted by Golson’s firm were possibly fake and forged by some very complex machinery that forged our names. We are going to find out who did this. But we have the proof now and Jeff has presented it to the court, will our Judge rule on the truth now?
    If not Jeff will appeal imidiatlely. My biggest consern now is that some judges still dont get it and many peoplel feel that some judges are acting like collectors for the big banks.
    If we are right about the fraud on the court then when will these people go to jail? I believe that the board of directors of US Bank and SN Servicing may be Criminals involved in Racketeering and Corruption at its highest level but are they being shielded by the system to prevent the truth from coming out and the collapse of their profits?
    US Bank and SN Servicing has hired new attorneys now, then they too dropped out, begging the court to let them out of any liability ( we said no way and won that motion ) Did they probably realized that the doc’s were fraud on the court and wanted no part of it? Now a new law firm has been hired but guess what? These guys have a background in Criminal Defense. Is this to provide legal advice to keep the banksters and servicers out of jail as they continue to try and foreclose on us with possibly forged documents? Who really knows for sure. Soooo If you can, hire Jeff Barnes do it no matter what it takes because he is the best you are going to find when it comes to fighting the banksters. He trains other attornies on how to fight with the right tools in court and now many of them are winning too. Good Luck People and May God Bless You, Yours and Jeff Barnes.
    Thanks, Ray Shelton

  2. I don’t even know how I finished up right here, however I believed this submit was once great. I do not recognise who you might be but definitely you are going to a famous blogger in the event you aren’t already. Cheers!

  3. I would suggest to anyone facing foreclosure to find a good attorney. If you live in Florida go to the public records in different counties and see how many cases these lawyers have defended and how many they have won. Go to the Clerk of Court in the county in which you live. I have a law degree but would never try to defend myself in a foreclosure action. It is very complicated and I don’t think there are that many attorneys around that know how to defend them. There are so many issues a good attorney can raise. The foreclosure mills really don’t have that many good attorneys working for them in my opinion. They just churn out a high volume of paper using paralegals or by other means. Also keep in mind that during foreclosure you don’t have to make payments -so use that money to hire an attorney. I recently had a foreclosure filed against me and I paln on hiring Jeff Barnes. I htink a lot of people could have saved their homes if they had a good attorney.

  4. I would like a direct contact number for Jeffrey Barnes Esq. I live in the state of Georgia and is faced with the same problem involving Deutsche Bank and Citi Residential. I can be reached at 404-975-8964.

  5. My dream is coming through.

    I have for years wanted to get my hands around the necks of the banks who have plundered me so well for so very long. These leaches have robbed my family and I of countless thousands of hard earned Dollars for so very long that the deep-seated hate I foster for this viper type vermin has began to deliver ripen fruit to the doorstep of my humble home.

    It is at a time as this I wished I were a Lawyer. I would be the Robin Hood for the masses to make just the scales of the nightmare life the Banks have served to so many Families in this country.

    How many Families have this Horrid Monster laid in ruin on the backs of the blind legal system. Greed has come home to play out its ugly face on the lighted stage for all to see. I hope the stones I pelt at this undeserving Viper expose its blood on every shot. I cannot find the words to describe the dislike I hold for this undesirable animal that Banks have been allowed to become, while they prayed on the innocent while they slept.

    I hope they burn.

  6. This is great news! Yes, everyone needs to retain counsel because these laws are very, very complex however be careful in finding a lawyer. Ask Neil or Jeff Barnes for assistance here as we have had three failed lawyers all of who, as we discovered, had undisclosed conflicts of interest and who worked for our lender not for us but took our money, not the lenders.

    While this should not be the norm but the exception, these lawyers stole from us our life savings in retainer fees but failed to produce results as was their agenda. The signs that you may have wrong counsel is when they ask for huge, huge retainer fees and then do nothing…..causing your case to be dismissed or failing to assert any of your valid claims, this is what happened to us three times!

    In the end, we were forced to file our own case and have made countless errors in so doing. Our case has been dismissed 3 times for technical errors…. alone or errors of ignorance. We have never made it to the bench, the judges bench….Do not rely on judicial opinions, i.e., cutting and pasting them into your complaints, you must read, research and understand the laws, then, you must be able to articulate the laws intelligently and meaningfully, (the later is very tricky, trust us), this is why our society has lawyers!

    You will make fatal mistakes that only pro se litigants can make because we do not….understand the legal meaning of most words and how to plead our cases or causes of action.

    In our rush to save our legal rights after having the 3 failed lawyers, we have made a mess for ourselves….filing a complaint that is among other things, 176 pages long! So, if you are a pro se litigant reading this blog, how pleased do you think our judge is going to be when he has to suffer through this complaint? Not pleased we assure you! He more than likely will dismiss our claims again….we are not hopeful at all…….

    Regardless of whether or not our claims are founded, the judge is going to be mad at us for filing such a long complaint, bottom line….. Do not fool yourself believing you can do it alone and, from one pro se to another, proceed at your own risk and only…..if you have no other choice and must!

    Most computer savvy consumers today think they can go it alone and cut and past their way to a judicial win. They are wrong and will end up homeless. The courts for the whole, frown on pro se litigants, this is why they provide the indigent with counsel. Pro se litigants do not get the respect of the courts because they have not earned it…., i.e., they do not possess a law degree, the thing the internet is not going to give you!

    Only a professional, experienced lawyer can help you avoid the pitfalls of the law; remember lady justice and her scales, your lender or their attorneys are loading those scales to their benefit and you will invariably loose the battle, so, if you can afford counsel or have someone, anyone who will loan you the money for counsel, get a referral and find a good lawyer, take it from us, pro se, get a lawyer fast unless you have an abundance of time, say around 10 years, a rock solid relationship that can withstand the stress, heartache, torture, pain and no children or family because you will be living in absolute isolation trying to understand what the heck those laws mean! Do not be put off with having to pay large sums in retainer fees, as these laws require special counsel, noting further, in the now hundreds of lawyers we have talked with or met with, we were shocked how many did not know these laws but attempt to represent that they do…..so be careful, we cannot emphasize this enough!

    Sorry to rain on all you pro se litigants out there but after we have been forced….to represent ourselves, we know first hand how hard it is and how easy….it is to make fatal mistakes in your case, we have made them and they have cost us!

    We are fighting back against the lawyers and, thankfully for this web site and blog content, we are currently filing complaints with the local bar association. We cannot bear the thought of having to sue them as we are exhausted after fighting the court system for the past 5 years. We are in our fifties and this is not what we thought we would be doing until we part this earth as sadly we more than likely will be enthralled in legal battle for a very long time to come.

    Only a lawyer can efficiently handle you claims. Tragically we cannot even afford to sue the lawyers or hire good legal counsel located on this web site. We fear using our rejected mortgage money for a lawyer because in our state, Maryland, we will have to put the money in a court controlled escrow account, a draconic affair, in order to have our claims heard.

    Selecting a lawyer is critical to you having your case heard in any court of law because courts deny pro se litigants their rights to be heard by allowing their cases to waste for years or worse yet, entering orders that will force you to go away or res juri@#$% orders, Neil or Jeff can explain these complex rulings but, essentially the order stops you from refilling your claims, a very sad, sad thing, trust us, we know, we are pro se!

    Try to get a referral from this web site because these guys will not mislead you and you will not be out your life savings as we now are…….

    Pro se readers, this site was not around when we first came to need an honest lawyer and, if you think you can go it pro se, believe us, pro se, you are wrong. You will make fatal errors in pleading your case. If you must go it alone, as we must now, you must do research and extract the law from law books not the web.

    Mr. Barns is correct in guiding all readers of this site when indicating that most consumers believe they can win on their own accord and do not need to pay a lawyer……. Remember, this is not a crapshoot, it is your home and lively hood; we all need a roof over our heads in order to obtain and retain employment. An honest and experienced lawyer is all you need. We have spent over $100k to date of our savings and still…..are tied up in court 5 years later; that is correct pro se readers….think again and get good legal, help, advise and referrals.

    Start here at this site; we would have had this been around 5 or even 2 years ago. My mate of 22 years is feeling the mortgage meltdown and is unable to find steady work in our area. When and if she is able to return to work again, we will be retaining legal counsel. We only hope we are able to hang in there until this time comes.

    Remember pro se reader, most lawyers will work out a payment plan for the retainer. We will be doing this in the very near future, though, we did not need it once a long time ago because we had the funds but were screwed out of them by corrupt counsel. P.S. these lawyers all operated in the corrupt bankruptcy club or ring, so, be careful and if your lawyer is doing nothing, direct him to this site, if he is still doing nothing, contact the Neil or Jeff, or, what the heck, you may want to contact them anyway to make sure your lawyer knows what he is doing, the latter also being a big problem; i.e., counsel who is clueless, we have met a lot of lawyers who cannot walk the talk!

    Good luck from these pro se litigants in Maryland,

    Tim and Kathleen

  7. fantastic news …good work to everyone involved.

    this gives hope to all of us that the system does work if you know the laws and fight on . do not give up and hire a lawyer who knows what he is doing ..jeff barnes i hear is the best in the world.

    special thanks to neil garfield for his tireless work , advice & amazing blog …he is a mensch !

    listen to him , dont panic…follow the plan.

    good to all….

    alan baron

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