Attorney with a Servant’s Heart – Right now American Needs a Few More Chris Browns

Subject: VERY IMPORTANT CASE: Kansas Supreme Court Validates Livinglies’ Strategies on Basic Black Letter Law

From: Christopher Brown, Esq.
To: ngarfield@msn.com
Neil,
THANK YOU FOR SENDING THIS!!
While I am at it, let me toss on some more praise for … you    I cannot thank you enough for the seminar I attended in August 2008, in Los Angeles, CA.  It has completely redefined my practice.  While we are still the only firm in Northern Virginia doing this, we are doing it well, and making HUGE strides recently .. it has taken a year to do it, but the foreclosing law firms are FINALLY beginning to concede they have a problem.
 
Every trial that has come up has been continued, or the case resolved with a “good” loan mod.  They have yet to put us to the test at trial, which we are eager to see happen, but our clients continue to accept the good loan mod offers that come before trial.  The client is the boss, and I can’t make guarantees, so they more often than not go for the mod, but I feel it coming.  We are making incredibly sound constitutional arguments (non-judicial foreclosure is violation of due process, no standing / article 3 injury for purported owner of the note/deed of trust), challenging title like no one else can (former 25 year in-house counsel for title companies on my staff since January), and raising all sorts of problems that were created by the securitization process (former NY securities atty on my staff as well).
 
This Kansas Sup Ct opinion closes the gap and makes us that much more confident in pursuing our clients interests.
I am ecstatic about where my firm is right now and the work we are doing.  My staff, which is growing every few months, is ecstatic as well, as myself, my employees, and our families, are doing well in a recession, and we are helping families protect their homes at the same time.  I could not be happier – and with this Kansas Sup Ct opinion, things are going to get better even faster.
 
We have gone through several different strategies, and the one we settled on, ironically, is the one you espoused in the seminar (!!), file a suit claiming they cant enforce the note, do discovery, and put the burden on them.  It is funny the trials and tribulations my office has gone through to get to this point, but it has also been some of the most rewarding work of my career.
 
Keep up the good work .. and …
Thank you.
 
Anything I can do for you, all you have to do is ask.
 
Christopher E. Brown, Esq.
Brown, Brown & Brown, P.C.
www.metrotriallaw.net

15 Responses

  1. I work with several lawyers in Maryland that “get it”. We use the Md Commercial Code or UCC to request production of the original Note. We have won several cases including 1 where the foreclosure was dismissed with prejudice. We are also using audits and are filing complaints, even before the foreclosure has been filed, based upon TILA and RESPA violations.

    On the securitized loans I’m pulling the pooling and servicing agreement and using that as evidence against the lender/servicer if the note is not conveyed as required in the PSA. We are also requesting the Plaintiffs produce documentation of any third party payments via credit enhancements including Credit Default Swaps. (Double dipping)

    Again – we are just handling cases in Maryland.

    Beth Jacobson
    jacobson.beth@yahoo.com

  2. Having travelled extensively across the US, I have witnessed first hand the foreclosure crisis in many states such as Nevada, California and Florida. It’s best to try to keep families in their home for all parties involved. Taking on a foreclosure in this state results in huge losses for the banks as well.

  3. TW

    I agree with you 110%. I too have been posting comments on the “main stream” news sources regarding the housing, mortgage, foreclosure, bailout, mortgage mod, etc.

    If we all take a few minutes everyday to do this it will help spread the message!

    I recently created a Twitter account strictly to post Foreclosure updates from across the web. I have it set up to pull in and post the most relevant info as it occurs relating to this crises. If anyone is interested in following they can do so at

    http://twitter.com/4closureFraud

    It is not for profit or an advertisement for a product or an endorsement of a “foreclosure solution”.

    It is strictly a source for info related to defending our homes against these pretender lenders.

    4closureFraud

  4. I would like to thank Mr. Garfield, Mr. Keiser, and of course Mr. Brown ( who I am proud to say is my attorney) for the wonderful job they are all doing in keeping up the fight, and also keeping homeowners informed. Mr. Brown has done a wonderful job fighting the fight….my last court date was “mysteriously withdrawn”….personally I think he has them shaking in their shoes. I don’t know what the future will hold, but it has been almost two years and I am still here and still fighting. I actually went through the paper today and called people who’s homes are listed in the paper, hopefully giving them encouragement to fight and letting them know about your amazing site. Thank you for all you do…you will be rewarded.

  5. **HELP A FRIEND**

    I think it goes without saying that we are (at the very least) extremely fortunate to have found the LivingLies site, I know I am! With that being said I wanted to let everyone know that I have been trying my best to help spread the word and ask that everyone take a moment each week to reach out to others who may be suffering as well and do not yet know of their rights. Here’s what I decided to do;

    A while back I created accounts on several major online news sources (SF Chronicle, LA Times, Wash Post, Dallas Morning News, NY Times, and just about all major FL online outlets as well) and began searching and posting comments on articles related to housing, mortgage, foreclosure, bailout, mortgage mod, etc.

    It only takes a few minutes each week to do but you never know how many individuals and families you may end up helping. Thanks and may GOD Bless you and your families!

    All the best – TW

  6. All cases that are filed can be seen in the PACER system, it is all public record.

  7. I truly wish there were those attorneys like the Virginia law firm who just posted for those of us in California.

  8. I know this question will ask for proprietary information from Mr Brown. That said, Mr Brown when you write “file a suit claiming they cant enforce the note, do discovery, and put the burden on them.” Could you post a sample of the discovery questions that you send to the purported note holder? Further what the complaint looks like claiming they can’t enforce the note. Thanks for fighting the fight!!

  9. What good are “Loan Mods”? Earlier Garfield mentioned right here that by signing a “Loan Mod”..one is signing his rights away! You call a “Loan Mod” a SETTLEMENT?? Never went to “Trial on a Foreclosure Case”? People need to be PAID for damages these Banks have done to the consumer!!!

  10. My wife had a good question when I told her about this email. She asked how the loan mods Mr. Brown mentioned were possible since they were presumably done by servicers, rather than the investors, i.e., the holders in due course.

  11. I believe some start the flame and other make it burn brighter!

    I am thrilled at this letter and hope many join the fight.

    I had to sit down with over 100 lawyers to get the ball rolling in our local area, and only one little office heard the call, they tried and tried and tried, they went to Mr. Garfield’s seminar, I went with them as well and for that I am grateful.

    So many lawyers called me crazy, send me to the State Bar in VA, they even had an article written on the Washington Post about our efforts, and those people still got it wrong. But only this little law firm saw the issue in a different light, I have to take my hat to them. We all have made mistakes in our journey, but we have tried in good faith to do the right thing by the people

    We are currently responsible for having over 1000 families who are winning in their own version of what victory is. For that I have to thank the lord and those lawyers who have made it possible.

    There are other law firms joining and fighting now in this area, and who are going through their own growing pains, but it sure feels nice to see them be successful and to keep moving forward.

    It is not TILA, RESPA, and al those weird letters, it is the way the claims are presented and the time they are made. It is not the mortgage “AUDITS”, or the pleadings, or everything else.
    It is the spirit, the Zeal, the do not give up part, it is the being fully informative, keep your clients abreast of everything that is going on.

    Yes it will cost money, yes it will take time and yes there are no guarantees, however, the spirit of the lawyer, the zeal of the firm, the willingness to fail and try again is all worth it.

    Thank you “Chris” for believing in the fight and those fighting.Thank you for sticking it out and for not giving up.
    Thank you for being there and for keeping the flame alive and for making it burn brighter for those who need it the most.

  12. Yes, great message. I have been doing exactly what this attorney is describing in my own lawsuit. We haven’t gotten an offer of a loan mod, but we also haven’t quite made it to the stage of “we’re about to go to trial” yet, either.

    Thanks again to Neil and all who are actively involved in this site. You are a godsend!

  13. Great letter .

    Every time an attorney ,and a judge see the light of the truth ….. its a such wonderful news.

    I am betting on Michael Moore’s new film on Capitalism a Love affair or something like that will help u cover the truth or part of the truth to the nation.

    How Wall Street Bankers and all the other usual suspects .. gangsters , have ransacked and cheated this Nations homeowners and world wide investors .

    Terrorist activating millions of 911 attacks on every city and town in this great nation.

    These CEOs and other Fat Cats in Wall Street ..and with the help of some good old friends in Washington DC have committed high Treason against this nation.

    We don’t have to send good young men & woman to fight and die to protect our security .

    When the enemy is living the high life in their Pent- House New York Million dollar apartments .

    I haven’t seen or heard of any of these Bankers being accused of even jaywalking….No… Not yet.

    Osama Bin Laden ….you must have trained these Wall Street Bankers CEO very well …. they did your job very well . You must have planted a Trojan House of greed …that would break the Nation from the inside….

    Bring our troops back home …. the terrorist are over here in our city of N.Y. and D.C. Don’t waste one more drop of blood over in some dusty country ..let them work their problems themselves ..

    As a volunteer RA.. “Nam era veteran from 1972 …..
    Today…I would not lift a finger ,nor fight in any foreign land ….until every one of these Terrorist Criminals is serving hard time in Prison,

    Bring our Troops back home ….the War is over here ..
    Back Home …

    LF.

  14. Good news…..
    Hope I can survive long
    enough for this to really
    take HOLD where I am
    in Calif.

  15. Neil, Brad and staff at LivingLies- talk about a feather in your cap? I always work on instinct where my knowledge is lacking or nonexistent. and I read early posts from other attorneys stating your strategies were “gibberish” etc., I got angry at the person saying that! I knew you were working feverishly to find the legal truth under the dozens of layers of entities, and here you are rewarded by someone who took your seminar (an obvious value for the fee) in extolling the workability of all you have espoused here. Congratulations, you deserve it.

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