Judges are starting to “Get It”

What keeps us going here? Spending days interacting directly and indirectly with homeowners who are under such duress, in danger of losing so much, honestly I must confess it weighs on Neil and I some days. We understand it is not just a “piece of property” or an “asset,” but that the “home” is a refuge for most people …the fabric of family and emotional security are intertwined often across three generations of parents, children and grandparents. The emotional impact on marriages and the “children of foreclosure” will last long after the financial impact has been resolved.

Our mission with the blog was originally to “spread the message” that the securitization scheme of recent years had opened up numerous affirmative defenses and potential counterclaims that could be asserted that didn’t exist in the last century. The genius’ on Wall Street forgot that the asset we are dealing with here is “Real Property.” Black letter law that has been on the books for a hundred years nothing new and fancy, the Uniform Commercial Code(UCC). Getting the message and the information out to both homeowners and lawyers is part of the objective, providing tools and a forum for them both to use has spawned a movement here that could not have been imagined a year ago.

Our mission with the Lawyers Workshops was to surface those lawyers who “get it” so we would have local counsel to refer homeowners to for competent representation. It has always been our position that you should have representation by licensed local counsel. However, we cannot ignore the fact that the current system necessitates some homeowners represent themselves because of either financial limitations or the inability to find any lawyer that would take their case even if they could afford to pay them.  Likewise, we too are dedicated but not rich, hence the “Donation Forms” you find posted on the blog site. What keeps us going? Some days it is getting emails like those below:

Hello Gentleman,

I just wanted to send you an email and let you know what the judge said at court Thursday. At first I did ask for a continuance. The attorney for “Ocwen” objected and said I had plenty of time. The judge asked about the situation she said it was a simple “unlawful detainer”, I said it was not a simple situation. He asked if it was due to foreclosure she said “yes”…December 27, 2007. He asked me, and I explained to him that “they” had contacted me, “they” stopped my payments, and then foreclosed while I was waiting to get the paperwork in line……….He asked who “Ocwen” was, she didn’t seem to know the answer, she was representing REO Properties….( I knew, but kept my mouth shut…her confusion was beautiful) ….The judge said…So you don’t even know if this company is still in business? They could be closed up by now. Given the way these things have been sold and sliced up and resold it’s hard to tell who owns this thing. This note could be in a box somewhere with hundreds of other notes, or sitting on “someone’s” desk somewhere…we don’t know. Given the current state of this country’s economy I will grant your continuance, I don’t want to put a judgment on you if you have a case here. It seems if there weren’t something to this, they would have had you out by now.

Thank you for all the help and encouragement! Keep up the great work.

Wendy Kirby

And another from Charlotte in Alabama

Mr. Garfield

I read somewhere on your site sometime back “Do Something” because there is no question what will happen if you do nothing. That’s when I made up my mind that regardless of the circumstances, I was going to fight and file something. With no money, no resources, no help, unable to afford to pay an attorney, I wrote up my own filing, using one of the filings archived on your site as a model. I modified it to fit my situation and I drove to Birmingham and walked into Federal Court and filed it. In addition, I filed a separate motion for TRO to temporarily stop the sale. I sued the originator, Ameriquest Mortgage, the foreclosing attorney, the loan servicer, Citi Residential, the “Trustee”. Because I have no job, no money and few resources, I was allowed to waive the filing fees. The Judge immediately scheduled a hearing for my motion for TRO and instructed me to immediately notify all the parties. Since it was short notice, the Judge instructed me to call or fax them, or use any means at my disposal, but I needed to notify them immediately, because the hearing was on the calendar. ONLY THEN did Citi Residential and the foreclosing attorney actually call me on the phone, pleading with me to take the hearing off the calendar.

The bottomline is the livinglies.wordpress.com has given me the courage and fortitude I needed to arm myself with the information I have needed to defend myself, and the guidance I have needed to go this alone. It also gave me the confidence to believe in my fight. I am not a deadbeat. I have worked hard all my life, and I don’t believe I deserve to lose my home.

Along the way I have made a few errors. Like for instance filing in the wrong court: not understanding how to state a claim in your filing can get your case thrown out. I have made mistakes because I am doing this on my own and don’t fully understand all the nuances of legal filings, pleadings and because I can’t afford an attorney. But at the end of the day my case is still alive!

I just could not proceed any further without letting you know what a valuable resource your website has been, and how much insight I have gained from it. Whether I win or whether I lose, I still have you to thank….

Readers and supporters

On this holiday weekend where many of us are either celebrating Passover or the Resurrection, we covet your prayers more than your donations for the continued success of this mission.

We “labor not for meat that perisheth, but for that meat which endureth unto everlasting life”

John 6:27

All the best from our families to yours

Neil and Brad

15 Responses

  1. The magistrate on my case “did not get it’.

    The court granted the US Bank a civil judgement against me for foreclosure in May 2009. I hired an attorney to defend me because the bank rep offered me no alternatives to cure the default. He was abusive, nasty and rude. This guy flat out told to stop calling their office. This was after 2 Hud housing counselors failed.

    Mine was not a predatory loan with a high or balloon rate. Mine was a simple home equity loan with a low fixed rate payment. I encountered a one time temporary vehicle hardship in the month of February 2008 that prevented me following through on my promise to pay. I wrote 3 letters to this bank rep asking for a repayment plan or workout. I have very little unsecured debt, earn a good income and have no dependents. This rep would not consider ANY method directed to cure my initial default of $1200. I’ve never had a forebearance, workout or talked to any one in loss mitigation. This loan went from collections to foreclosure before I knew what hit me. While I thought I was talking to loss mitigation- I found out later that I was not. Their collections reps were identifying themselves as loss mitigation reps and blocking the call.

    The bank agreed to consider a loan modification mid-April 2009. My attorney advised they knew the judge would not have given judgment in their behalf if it could be proven they would not consider a loan modification. The civil court magistrate would not consider any of the mitigation circumstances of this case, or the bank telling me to get lost. The magistrate would only consider that I signed a promissory note.

    Consumers need to realize a lot of these folks are PAID- on the amount of money they can collect from you and are caught up in their narcissistic power and ability to take your house and wreck your life without batting an eye. I have never been treated so poorly in my life.

    Oh and by the way–my loan modification papers were sent right back to the SAME original bank rep that initiated foreclosure one year ago. What a travesty. I have about a snowballs chance in …..of getting a loan modification from this guy. There are no Consumer protections, and these folks are accountable to anyone. These folks lie for the sport of it. I’ve been treated like dirt by the bank rep and when calling recently on numerous occasions to check on the status of my loan mod- i get thrown into voicemail and he never calls back. I wonder if this will ever end. This office closes at 4:30pm. Meanwhile I wait for my house to be sold.

    This is a horrible situation and as Rep. Maxine Waters recently found out, Banks are not willing to help.

  2. Excellent quote from the book of John. This is a very uplifting post.

  3. To d.s. Way to go! Could you email me (a fellow Pro Se) a copy of your pleadings (including the quiet title action you filed), AND walk me through how you did the SEC research. I am still trying to track USBancorp’s claimed role as trustee for (Certificate-holders of) SASCO 2005 RF5

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    To Philip S Could you elaborate some on your (perhaps) laudable remark, “maybe if the whitehouse got foreclosed on obama would get it.” I’d like to turn this passion and insight into a constructive act, and maybe I can help get your suggestions to him or his administration. How could we help our president “get it”? What do you see as his blind spots around the current foreclosure/mortgage meltdown crisis? I ask this with all sincerity, and share a widespread concern that this administration “get it,” and not repeat the earlier premeditated transfer of wealth that rewarded self-dealing Wall Street at the expense of borrowers and taxpayers.

    RSVP

    Allan
    BeMoved@AOL.com

  4. maybe if the whitehouse got foreclosed on obama would get it

  5. Your wensite has helped me tremendously, by one l suggestion, research, sec filings, thru those, i learend lasalle bank did really purchase my loan on the date they said they did, they were off by 3 years and 9 months. why did they do that? it was because the prior assignment of mortage from the original lender to alliance/ now closed superior from whom lasalle bought the loan, did not record the prior assignment until about 4 years after the fact, in pennsylvania as well as probably other states this a big no no, additionally emc mortage co .filed a “corrective assignment of mortgage to make it appear the date was even later. anyway, thru a subsequent transfer instrument filed with sec, i was able to prove the actual date of assignment and now sued them for fraud, will let you know how it turns out, btw they dropped their foreclosure suit and i filed a complaint to quiet title.

  6. I wish my judge would have got it……

    I WANT MY HOME BACK!!!!!!

    Best wishes,

    JD

    p.s.

    Neil and Brad… you gotta love em!

  7. Neil & Brad,
    Thank you for sharing your invaluable knowledge & experience with us. Your selfless efforts and admirable passion are truly praiseworthy. May the Lord continue bless you as you shine the light at the end of this dark tunnel! Thank you and God bless you & your families.
    Mari-

  8. WAY TO GO, Mary! CONGRATULATIONS! Your friend has a formidable advocate in you. I too am grateful for the wisdom, insight, and many legal , tactical, and strategic resources alive here. I too would have no success to report, had I not stumbled upon this site.

    I too have documents that were forged and fraudulently obtained. How did you present your case/defenses to your judge, with what proofs, etc. How did you get the court to mete out sanctions?

    What is happening May 12th?

    Thanks in advance

    RSVP
    Allan
    BeMoved@AOL.com

  9. Mr. Garfield,
    You have been a wonderful inspiration for me in my endeavor to help my friend keep his home. It has been a uphill battle for a non-attorney like me, but on May 12, 2009 it will all be over with and my friend will have his home back. This time it will be debt free thanks to the lender trying to submit a forged and fraudulent document to the courts.
    I owe most of my research knowledge to your website. Anytime I felt frustrated I looked to your site and found what I needed.
    Thank you very, very much and I hope many others have had the inspiration you gave us. May God Bless You.

  10. NIce. Best Wishes for a Happy Easter & Passover to you too.

  11. Neil and Brad:

    God bless you for putting that bible verse on your site.
    Yes, the important thing is only our Savior and abiding in him…but down the list is also the right to legally
    protect your home, which is beneficial. We are a nation of laws and they are good, so it is our right to just make sure that everyone plays fair and square, Banks included. Your website helps the temporarily poor…and that is charity. Thank you, happy Easter.

  12. Mr. Garfield and Brad,

    I cannot thank you enough for all the help you have given me through this website.

    I pray that God bestow upon you and your families many blessings for your selfless efforts.

    Thank you so much.

  13. Neil, I am now working at Rockland County Legal Aid in New York. I would love to raise defenses and claims with regards to the note has already been paid. But in order to do this, I need to dumb-down the explanations. I need to explain to court in great detail, so they can get it. Your post of a couple of days ago “the elephant in the room” and related comments is great, but I need something more eloquent and detailed. Can you help me here. Thanks so much for your contributions. Eric at Rockland County Legal Aid

  14. Greetings to Mario Kenny as well!!
    and every one who generously contributes to the fight.

    We are eternally grateful and wish to have the opprtunity to meet you all at one point in time.

  15. Once again guys, it seems, it is very lonely at the top, however, you must know that we respect you, admire you and above all things are very proud to have found people along the way like you. That selflessly provide without taking.

    I have taken your message to heart, I have run into trouble for being so vocal about it, but I believe that what you guys are doing is right and the people who daily visit your blog, need to understand that you are giving them a wealth of information and tools that most lawyers with an IVY league education do not have at their disposal.

    Mr. Garfield and Brad, keep up the good work and keep the faith. You guys are great Americans and we are all proud of you.

    May god bless you.

    We are still in our home and plan to continue fighting, we have shared the good news with over 1,000 other families in need and will continue to carry the torch,

    Thanks,

    Jose Fighter
    Virginia

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