Why We Do What We Do

 “Without your blog I would not have found the right lawyer in my state.”          

                                                                                                                   – Meghan in RI

“Some of the most rewarding work of my career.”

                                                                                                                  – Chris Brown Esq.

While we understand the many reasons borrowers pursue their cause on a ProSe or ProPer basis,  it has been our position since the beginning that people need competent licensed local counsel. Also, you must understand that no matter what anyone tells you, no letter or correspondence from anyone, no “loan audit,”  no promise of modification will stop a foreclosure particularly in non-judicial states, the only thing that will stop a foreclosure is a judge or court order. Our first mission here is education and the desimination of information to the public, judges, lawyers, legislators and homeowners. Unfortunately, the executive and legislative branches of government have dropped the ball and still don’t get it(with some exceptions like Marcy Kaptur D-Ohio).

The bottomline is that the Judicial branch is the only hope, Judges need to open their eyes, ask questions they may have never had to ask because the facts and circumstances are really unlike they have ever been in the past. Lawyers who do “get it” and are actively practicing in this area and succeeding we need to hear from you. People need to know how to find you. There are simply still not enough lawyers that “get it.” We also believe that if someone has the desire and financial wherewithal to hire a lawyer, we want them to give there money to someone that will be effective and is staying up to date on this everchanging area of practice. When we get emails like the ones below or other feedback it makes us feel like we are in some small part helping folks through what is and will be one of the most difficult period for our country in our lifetime.  Lawyers who are listed here are doing good work and quite frankly in many cases have practices that are expanding and thriving. If you or your law firm is interested in being listed here email your contact info to:  foreclosuredefensegroup@gmail.com Also, if you are a homeowner and have a lawyer who you think knows their stuff and has been doing a stellar job for you, let us know about them.

Hi Mr. Garfield, Mr. Keiser and the Livinglies team 

   I am writing to say thank you for starting this blog. Without it, I would not have found the right lawyer in my state. I was working with another lawyer, originally, and all he did was buy me some time. Otherwise, he took a lot of money from me for nothing…and continues to pursue me for more. It is also comforting to know that there are other people out there fighting for the same cause, whether they are victims or not. I know there are some naysayers presently posting on your sight but, anyone in my shoes, fighting like all of us are, all of us know when to read between the lines. I have learned so much from your blog and referred your site to others.   I would love to see you have another seminar on the East Coast sometime. Thanks for what you’re doing and let me know how I can help at anytime

Meghan in RI

From: Christopher Brown, Esq.
To: Neil, Brad

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 can’t 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.

23 Responses

  1. DO NOT EVER GIVE UP!!!!!

    We had an Unlawful Detainer Hearing this morning for which I was fully prepared to defend against Deutsche Bank National Trust Company, as Trustee their capacity to sue, service of process issues, fraudulent documents, etc.

    Get this…

    At the beginning of the hearing…their “Attorney” asked the Judge to DISMISS THEIR OWN EVICTION CASE WITHOUT PREJUDICE…

    AND THE JUDGE GRANTED THEIR OWN MOTION TO DISMISS WITHOUT PREJUDICE…

    When/if they do decide to refile I will be fully prepared to argue their capacity to sue, etc.

    I have them by the balls as they are not even Registered with our Secretary of State to do business; nor are they registered with the Department of Commerce…

    KEEP FIGHTING EVERYONE!!!

    Eventually they will tie themselves in knots that they can’t get out of!!!

  2. Hello Neil,
    We are pro se litigants in Ker County, CA (non-judicial foreclosure). Specialized Loan Servicing tricked us into default (never missed a payment or been late on one until we tried to get a loan mod per Obama’s Act passed that was supposed to “help” homeowners!) by lying to us during a loan modification in Sept of ’09. We have done everything that can be done, including tons of online research, advice from attorney friends and a former judge!…and we are still losing! After they started the foreclosure upon denial of our loan mod, we filed a lawsuit against all involved parties: SLS, MERS, US Bank, Quality Loan Servicing Corp, and TD Service Co. We had an Ex Parte hearing on June 14, 2010 in hopes o f getting a TRO to stop the fraudulent sale of our home out from under us…but it was denied! We needed the TRO to stop the sale of our home so we could have time to file a Lis Pendens and a Notice to Preserve Interest in Property. But, thanks to the Judge, the house was sold at auction on June 15th, 2010, the very day after our Ex Parte hearing! More interesting facts: the Judge presiding over our case is the president and founder of “The Alliance of California Judges” (ouch!). He has also done fraudulent and illegal things re: our case including giving our case to the law firm of a relative of his. We KNOW the Judge was involved because at the point we were contacted by his relative’s law firm asking questions about some of the claims in our Complaint, not the Ex Parte Application, (the ONLY 2 copies of our Complaint at that point, were in our hands and filed with the court and had not yet been served to any of the Defendants!). Too strange! This law firm is now representing 3 of the 5 Defendants in our case: MERS, SLS and US Bank (who are all, by the way, based in states outside CA). Within an hour after we were denied our TRO, we went to the court clerk’s counter and requested the transcripts of our Ex Parte hearing, which we were going to wait all day for, if need be, but we made the hour drive home. When we called the court house the next day to find out if the transcripts were ready for us to pick up, we were told that the court reporter had left the day before to go “on vacation” and would be gone for 3 weeks, and that our transcripts were her “personal property”, so no one else could get them for us, and we would have to wait until she returned July 7th from vacation to get them! Convenient! Now the Judge would have 3 weeks to alter the transcripts, which he DID! Amazing and Unbelievable! 3 weeks later when the court reporter had returned from vacation, we finally got the transcripts…and as we suspected would be done, they have been tremendously ALTERED! The Judge must have known we were going to appeal upon our request for the transcripts, so he had to clean them up so the Appellate court wouldn’t see how horribly rude he was, how he denied us due process, and how he denied the TRO with prejudice. The “New version” of the transcripts make the Judge look kind, patient, fair, caring…and that he wished he could have helped us, but could not, according to the law, which he follows! LIES, Lies, lies! Unfortunately, there was no audio recording…only the typed version! If we could have known, we would have DEMANDED an audio recording, which we are told you should ALWAYS do in these foreclosure cases! Wow, we never knew how much corruption there was in the judicial system! We did not give up. We have served all the Defendants (as of July 2, 2010) in our case (within the specified time limit) and have filed the Proofs of Service with the court. Now we are waiting for the Defendants to respond/answer our complaint. Meanwhile, the unlawful detainer from the bank has been filed, but we have not yet been served.Once it is served, we’ll have 5 days to respond/answer. After being served, we want to send them a 3-day Negative Averment letterthat demands they PROVE they possess and own the “Original Note with wet-ink signatures” (not a copy), and if they do not reply with proof in 3 days, we are going to demand that they reimburse us up to 4 times the amount of our home that they are trying to steal. Have you ever heard of doing this kind of 3-day Negative Averment? We have heard it DOES WORK. This is our last ditch effort to save our home. If you have any ideas, suggestions, or even the name of an attorney who can help us out pro bono or on a contingency basis, please let us know! [Omit info in these brackets if we are not allowed to give out our own contact info on this site or this blog. Our home phone # is (661) 823-4125 and our email is mp3rmd729@gmail.com. At this point, we do not care who has our phone number, because if we don’t win, we won’t have a home to live in, nor need for a home phone!] Someone Help us Please!!!

    Sincerely!
    mp3rmd729

  3. We need to do a national press conference and blast the tar out of the banks that have been stealing the homes of our citizens using methods of theft that is so complicated not even local DA’s or AG’s can figure it out.
    It’s time this gets into the media on a grand scale.
    If you have any interest in discussing foreclosure restraining orders strategy in Calif or your own state, or having a press conference about how to stop the crooked lenders…call Jimmy at 818.453.3585.

  4. Everything in this blog is great and it is a wealth of knowledge for people who are being taken advantage of. Keep up the good work. Let’s get these B*&^%#s!!!!!!!

  5. Great site. Thank you.

    The Federal Reserve ‘buying’ (with printed money) the M.B.S.s are the real problem. They want to keep this foreclosure mess alive, and payments as rent flowing.

  6. Thank god you do what you do. It made a huge difference for me. Please keep doing what you are doing. Truth will prevail this I know

  7. email me phone # @ south51@gmail.com

  8. Dee try Dana at :
    http://www.professionalmortgageaudit.com:80/

    they charge $350 for a loan doc audit and $450 for securitization and are very experienced and are working on mine now. After talking to several companies I choose them.

  9. DEAR St. Louis Advisor;

    Would you be able to post your TRO victority compliant and pleadings or email them out. I am also in a TRO nonjudicial state for a foreclosure and there is just no case law to hang my hat on….your pleadings and actions and judgment may help. thanks

  10. I am having a hard time coming up with $2,500 for a review. I would love to help promote this site & hoping I can work off some of this cost for preliminary review/audit.

    I’d bust my fanny to help you.

  11. My client’s attorney scored a major victory here in Saint Louis today in Saint Louis County Court, in front of the chief judge of the district. We received a TRO on a trustee sale scheduled for March 3. We argued three counts. We argued that they hadn’t responded under the FDCPA. They argued that the servicer or the trustee was not subject to FDCPA. On both the servicer and the trustee’s letterhead it states unequivocally that they are operating under FDCPA. So I don’t understand that argument. We also argued a quiet title action based on we don’t know who, well, our argument was that they were unable to show who would be able to satisfy the mortgage if the full amount was paid and whether or not it would be an unencumbered title. Our additional count, the one that the judge was most receptive to, turned out to be that the servicer had violated Fannie MAE Guideline 09-36, in that they had not rendered a denial letter to the client nor had they responded to our request for the net present value characteristics pursuant to 09-36, which states unequivocally that the servicer may not execute on a foreclosure sale until they have delivered the characteristics and let 30 days pass. So it was a great victory for us. We have another TRO hearing on Tuesday with a different servicer. I would like to mention that the judge did dismiss our FDCPA portion of our pleading. The defendant’s attorney in this case argued that they weren’t subject to FDCPA and the judge’s comment was, “Oh yeah, that’s right, mortgage services aren’t subject to that.” So, without argument he did dismiss that portion of the complaint. We intend to refile it. We didn’t have as an attachment those FDCPA declarations on their letterhead, but we will on Tuesday. He did, however, grant the TRO on the basis of the other two counts.

    St. Louis Advisor

  12. A well-informed Homeowner has more chance to win.

    FREE FORECLOSURE DEFENSE MATERIAL & PLEADING SAMPLES

    E-Mail me at ocean11@the-beach.net

    For South Florida, I know an experienced and affordable Foreclosure Defense attorney : D. Graham Esq. 305-445-9185

  13. Let me add to my last post by saying that I am in the 1st month of a 3 month trial period “repayment plan” with EMC. I do not want to get to the point where they will “modify” the loan now. I understand this after reading this blog and watching the videos.

    So, I do need an attorney ASAP. I am in So CAL.

    I also had 3 homes in Florida foreclose in ’08. I understand there are possibilities there as well. Each of those loans were sold as well.

  14. I am also looking for an attorney in So. Calif.

    I have a loan serviced by EMC mortage. I have a forensic audit that was just completed.

  15. Thank You Neil!!!

    This site has helped in SO many ways for all of us and we should be all encouraged to “pay it forward”!!!

    I am just starting a site to do just that at: http://foreclosurefight.wordpress.com/

    We are in the midst of a Quiet Title Action against Deutsche Bank/DOCX and we have filed a Motion for Summary Judgement to dismiss the foreclosure and the hearing is scheduled for Monday…

  16. I love this site as well. Has helped me so much.

    BofA,- our loan has been osld more times than you can count. They know they cant foreclose. Will approve a short sale of $350,000 on $600,000 in debt, IF we sign a letter tht they can come after us for a deficiency.

    Big Bank USA, trying to tell the government they ar doing short sales and trying to take securitzed un secured debt and make that situation null and void by having us sign the deficiency doc. I want to move on, sell our home but I will not give to that tactic.

    Any suggestions?

  17. Hi,

    I have such an unusual foreclosure case that virtually anyone I tell about it, is literally floored. I need aggresive legal counsel in NC, we are a non judicial state and seems unfortunately a rather conservative state when it comes to legal counsel. If you could point me in the direction of an attorney that would like to take on a case that will potentially make his or her career I sure would appreciate it. If you can’t I sure could use some advice on filing a motion with the court to stay the sale. My situation is so bizarre the it would take an hour to write up. I have spent all of today on the phone with various “save your home” HOPE people that to be frank were very nice but did not give me an ounce more information than I already have, oh and let me add that I was also ripped off by one of these “let us help” folks as well. Not a very good expereince. Your site is WOW very informative.

  18. Just got off the phone with Living Lies’ own Brad Keiser. I signed up for the “Preliminary Loan Document Review” offered here on the blog. I have to say, it was well worth the minimal charge of $149.

    Did Brad give me a magic solution to all of my problems? Of course not–no one can do that. But he really took time with me and explained what he thought the issues were and what my claims might realistically be. Let me say emphatically–this was not a quickie, 5-minute consultation of a perfunctory nature.

    He went over many different possible scenarios and talked with me about my current case. Since I’m likely going to be going the bankruptcy route, he suggested having my bankruptcy lawyer and the lawyer currently handling my suit against the servicer get together and do a tag team on the servicer to try to show the bankruptcy judge how and why my mortgage is unsecured.

    There was even talk of helping my current attorney go from halfway “getting it” to at least three-quarters “getting it” if not all the way “getting it.” Doing so would not only be in my interests, it would be in my attorney’s interest (he could make a lotta money doing this), my state’s interest, and the country’s interest. It would not, however, be in the servicer’s or the bank’s best interest–boo hoo for them…

    Thanks, Brad and Neil for this valuable service. You guys are true patriots and heroes.

    leftbehindchild@gmail.com
    mreggs@eggsistense.com

  19. Hello Christopher Brown,
    Do you know any Attorneys like yourself in Southern Calif. ?
    Especially in the L.A. area.
    Lisa Cooley

  20. Dear Neil, I am one of the not so happy to be Pro Se, I wish I had a million dollars to send you, as far as I have seen, you are the best online. The only one doing what you do to the extent you do.

    The really nice thing is, you seem to welcome the information that will help, as long as it is accurate. This makes it a GREAT resource for checking the facts behind theories that I have read about.

    I often come to your site, (not only to read and see what’s new) but as my last step in determining a particular choice I have made, to do a final check up on the subject, to see what you have on the subject and if you have any conflicting information.

    So I say thank you too,

    I wanted to pass on this site and it’s interactive maps you may have seen already, http://emm.newsbrief.eu/NewsBrief/countryedition/en/US.htm this is a main page,

    Just for example Gordon Brown, http://emm.newsexplorer.eu/NewsExplorer/flash/visual.jsp?id=36

    You an follow a Lender to all his connections. To me it seems like a great source, maping out news stories, it seems very indifferent to political leanings one side or another. If you havent seen this, check it out, tell us what you think.

    Muckety is another site that has an interactive map that may help people in their quest her is a search I did on a random bank
    Popular Inc. than double clicked on 2008-2009 Financial Bail Out
    http://www.muckety.com/Popular-Inc/5001516.muckety
    It is really fascinating and informing.

    Thanx for all you do…

  21. Hello Neil and Brad- one year ago I did’t know anything about anything posted on this blog. But what had happened to me- 2 near foreclosures precipitated by “manufactured defaults” just did’t seem right, as to what was done to us, the endless phone calls, the bait and switch tactics, the dubious fees piled up one on top of the other, the seeming lack of any attorneys who knew anything about any of this. To a one, they all said ” the banks usually don’t make mistakes, do you want to stay in the house, I can work out a loan modification, maybe we can stall them”. Pathetic. Now I am (through an attorney who doesn’t get it) going back and forth on my rental/business property, I have an assignment with forged (bogus) notarization, the opposing atty. hasn’t filed a power of atty in the courthouse, the address for the trust and the servicer in california are one and the same,(judge schack scenario?) the asst. secy of Mers works for the servicer, and the opposing atty just faxed my attorney the lender to Mers, Mers to Trust assignments, left out the other three? My atty glossed right over the fraudulent notarization( state of pa has no record of person who signed as notary) and I am just pondering my next move. Any suggestions? My point in all this is that it has been an illuminating experience logging on and reading everything here on your site. Keep up the good work. Regards, Ian

  22. Neil, we all know that you are semi-retired, and what you do is not only amazing but accounts for a full time job.

    It is you doing god’s work not that midget megalomaniac over at GS’s. I found this blog after helping a friend, who applied for a mod with WF, got the typical BS and then had WF attempt to pay taxes, (perhaps confiscate) on a completely separate large parcel of property owned out right for years, with no finical obligation to WF.

    My friend is a single mom, recovering from a stroke and needed help. Needless to say all of this struck me as fishy and peaked my interest in equity theft by these fraudsters.

    In any-case from your work/blog I learned everything about QWR’s and we submitted one to WF. The response was bizarre to say the least and should serve her well with the appeal for the loan mod she was denied. She has legal council now, and is armed with albeit possible hearsay, but also possible suspicious intentions on the part of WF.

    I agree with Kim, we need to care and share, for as the saying goes “there but by the grace of God go I”. I firmly believe that we the people can and will turn this around and right again this great nation.

    Personally I am very thankful to have learned so much and continue to learn from you and everyone who contributes here.In fact I am in NY and am willing to donate my time and research/management experience to any lawyer/firm that “Gets It”.

  23. Hi Mr. Garfield, Mr. Keiser and the Livinglies team

    I am writing to say thank you for starting this blog
    I have felt like i have joined a big family and have gained a terrific amount of knowledge & inspiration. Ihave met and taled with people all over the country in which I would suggest that people register for the blog and share what is going on with your case and share the people that have been involved.Attorneys, Loan Auditors, State Judges and anyone who has been involved .Lenders, Pre-Tender lenders any Fraud that has been brought out. Share & care as even if you are not in trouble today.There might be a day or someone in almost everyones family has been touched by this and from an american citizen stand point everyone of us has been effected and will continue to be effected for decades to come.Lets bring these cheating lying fraudsters out in the open as that is the onlyway something can be done as as long as we allow them to continue to submit in fraud on the courts and night fight it will continue. Do not sit on the side line and read and do nothing. Ask to “Put me in coach” and play the best game ever.

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