SEND A LINK TO THIS PAGE TO EVERY ATTORNEY YOU THINK KNOWS WHAT HE/SHE/THEY ARE DOING. Also if there is anyone out there that is willing to create a spreadsheet and keep it up to date based upon the list being created as a volunteer, please let me know by writing to neilfgarfield@hotmail.com.
Dear Lawyer:
I don’t seek or accept referral fees or co-counsel fees. I just want the people who read my blog to be cared for and not replace a predatory lender with a predatory lawyer. What you charge and how you charge it, what you do and how you do it, is entirely outside my scope of command, although it is a matter of interest. We need to know who you are so we can let the readers know who you are.
Please fill out the form at LIVINGLIES ATTORNEY INFORMATION FORM. There is no charge or obligation to pay for leads nor any obligation to take the cases offered. All we ask is that when prospective clients contact you that you respond promptly even if it is to say you can’t take their case.
We will remove your name from any list upon your request and we will make the entire list available upon request while it remains small or until we figure out a way to fully automate the responses.
Sincerely
Neil F Garfield
http://www.livinglies.wordpress.com
Filed under: foreclosure |
Hired Wilfredo Pesante, The Pesante Law Firm back on 2009. I should him the defective deed of trust. Property was in foreclosure status when I hired him. He insisted to have a TILA audit which was not necessary since the DOT was defective MERS as a nominee and beneficiary. trustee did not exist. It took him 13 months to file complaint. Defendants then moved the case to Federal court (tila cases can be heard in all courts) Pesante could have stop this from moving to Federal court. Judge trying to contact with assigned attorney who worked under The Pesante firm Susannah E. Nichols. Three months went by and they did not respond to the Judge to register to practice in Federal court.
While I was paying his fees 12,000 dollars debt collector attorney took my home and MERS appointed debt collector attorney to be substitute trustees. My husband is retired US Navy we are homeless living with relatives, we lost money and our home. I have many exhibits showing Notary in a different state then the signor and many exhibits. Can not afford to hire a competent lawyer. PLEASE HELP! WHAT CAN DO NOW! PLEASE SOMEONE PLEASE RESPOND!
well here it is november 13, 2010. i posted on september 4th 2010 a plea for an attorney to please help me out. no response. on september 8th the sacramento sheriff came and put me out of my home. i went straight from my home i have known forever to the streets. i have been living in my car since september 8th. me and my dog. i really dont see anyone winning at these wrongful foreclosures and maybe thats why no attorneys are taking on this nightmare of foreclosures. the banks are winning. the judges in our court system is helping the banks. the attorneys are taking cases only if you have money to line there pockets. and california homeless rate will just keep on growing. for a bank to do what they did to me is a sin. my faith in man kind is gone. i look foward to a life of nothing. i will be glad if this all comes to a head. but i doubt it will. politics are politics.the good ole saying
the richer get richer and the poorer get poorer. this crap the banks are pulling and our nation is allowing it is sad.
im grateful for these websites but on the other hand i see a lot of smoke blowing up our you know what. i have not seen any attorneys stepping up to help. and i really dont think i will.
eventally when this does blow over the banks will prevail and the american people will fall.
sincerely,
laurie emdnoza
To CONCERNED:
Attorney Michael T. Pines is DESPERATE to get his failing law practice (1 year old) on the map he’s going to the media to beg for attention, and sadly they are giving it to him, which will bring him new clients to harm.
Michael T. Pines is bankrupt, he can’t save HIS OWN 6 (possibly 7, per the North County Times) foreclosed properties.
Attorney Michael T. Pines LOST HIS OWN HOME and LAWSUIT against EMC Mortgage (see decision below); and is about to lose his 6 other properties which he’s trying to protect in BK.
Michael T. Pines filed Chapter 11 Bankruptcy on January 11, 2010, he miserably represented himself and it was converted to a Chapter 7 Bankruptcy. Just GOOGLE “MICHAEL T. PINES” to see his background.
Pines has NEVER won a case against a mortgage company to date. You can call Marin Family Action and ask about the 5 homeowners who hired him and he BAILED after they gave him a $5000. retainer fee and was charging them $600.00 per hour thereafter.
Pines sued EMC mortgage regarding his own foreclosure and LOST. The judgments can be found online under UTAH COURTS.
ecf.utd.uscourts.gov/cgi-bin/show_public_doc?2008cv0137-305
and here:
ecf.utd.uscourts.gov/cgi-bin/show_public_doc?2008cv0137-178
MICHAEL T. PINES has TWO Restraining Orders against him in San Diego County. You can find his Restraining orders on the San Diego County Sheriff’s website. Just type in “PINES” under *Restrained Last Name*. This is the Sheriff’s website:
https://apps.sdsheriff.net/tro/tro.aspx
Pines’ foreclosed properties are as follows:
1. 5 South 500 West Unit #1216, Salt Lake City UT 84101
2. Case # 09-81657 – 1273 22nd Street, Ogden, UT
3. Case # 09-81658-1246 South Meadow Run, Saratoga Springs, UT
4.Parcel #010610036- 2336 Madison Ave. – Utah
5.732 N. Coast Highway 101, Encinitas, CA 92024 – Law office building!
6. Case # 1171481-21 Murphy Drive, Bella Vista, Arkansas
(North County Times claimes there is a 7th property)
I learn already , you have to ask the Lawyer to send you a copy of every Letter what he send out ,and tell him ,you will pay for the copy.If he dont like it, go to the next one.
There are many wonderful people on the web that will teach you how to hire a great lawyer. If you build your own defense with all these free recources… You will find a lawyer that thanks YOU for bringing them an awesome case. You have an awesome defense and are letting them in on it !
There is no more time for whining! Build your own defense based on facts and law. I think we all got to this site looking for the answers… not more comiserating about all the wrongs going on. Do your part by winning YOUR case. Keep building your defense based on facts and law and you WILL find a lawyer. I met with 13 before hiring our lawyer. I sold him this case…he charges a minimal monthly fee…and wants a contingency fee at the next level. I can ltitgate forever!
Neil Garfield told me the one thing that keeps
me going … It is NOT your fault.
MSOLIMAN, you tell me it’s not true that the judges are running roughshod over the homeowners. That’s not quite the view from my front porch. The fact that the MN supreme court tossed out a benchmark law that in order to foreclose, the foreclosing entity had to identify all assignees of the mortgage in county land records and list those assignees in the published foreclosure notice.
When it becomes law that basically anyone who decides they like your front porch and your view can foreclose on you, simply by advertising, you’re pretty much screwed from my point of view.
The lone dissenting justice, Alan Page noted, “As a result of the court’s holding … neither borrowers nor lenders will ever be able to hold anyone in the chain of transfers accountable. That is not sound public policy.”
You reckon’? If this type of rationale were common across the board, there would be nothing stopping frankielee from deciding I like MSOLIMAN’s Cadillac more than my pickup, and filing with the DMV for a lost title to your VIN#.
It’s hard to argue subrogation or bond issues if the judge throws you out on the curb at the first mention and acceptance of MERS by your adversary.
BTW, maybe the very same curb I’ll be calling home due to idiotic rulings such as the above.
HI MY NAME IS LAURIE MENDOZA AND IF I UNDERSTAND THE PAGE CORRECTLY IF SOMEONE NEEDS A LAWYER TO POST HERE.
I AM HOPING TO FIND THE HELP OF AN ATTORNEY WHO COULD NOW HELP ME WITH A CIVIL SUIT AGAINST WELLS FARGO BANK, NA, WACHOVIA MORTGAGE, WORLD SAVINGS, GOLDEN WEST FINANCIAL. LOAN WITH WORLD WAS AUGUST 25, 2005. WELLS FARGO BANK FORCLOSED ON ME AND SOLD MY HOME ON APRIL 13, 2010. UNLAWFUL DETAINER FILED ON MAY 5TH 2010 AND WAS SUCCESFULLY WON ON AUGUST 25, 2010. ( CASE # 10UD03942) ITS A PRETTY INTERESTING CASE SINCE I ASKED THE JUDGE TO RECUSE HIMSELF IN WHICH HE DENIED AND THE ATTORNEY AND JUDGE IN MY OPPONION HAVE A WORKING RELATIONSHIP EVEN THOUGH THEY AFFIRMLY DENY IT. SHERIFF HAS POSTED AND REQUESTS FOR ME TO BE OUT SEPTEMBER 8, 2010 AT 6:01 AM.AT WHICH TIME I WILL BE TOTALLY HOMELESS AND LIVING IN MY CAR.
I AM A DISABLED PERSON TRYING TO CAR FOR MY SON AGE 32 WHO IS ALSO DISABLED. BY WEDNESDAY THE 8TH I HOPE I WILL HAVE FOUND A PLACE FOR HIM TO LIVE.
I AM IN SACRAMENTO COUNTY CALIFORNIA. I KNOW MY CASE IS STRONG ITS JUST THAT ALL THE STRESS HAS HAD A HUGH TOLL ON ME AS WELL IM SURE IT DOES ON EVERYBODY. I AM 59 YEARS OLD FEELING LIKE 100 AND MORE. I LIVED IN MY HOME ALL MY LIFE. MY FATHER BUILT THE HOUSE IN 1959 WHICH MEANS THE BANK WILL AT LEAST HAVE TO BRING THE WIREING UP TO CODE BEFORE THEY CAN SELL. SERVES THEM RIGHT FOR NOT CHECKING THINGS OUT FIRST AND PUTTING ME OUT TO THE ELEMENT IN WHICH I HAVE NEVER EXPERIENCE.
ANYONE WHO WOULD BE INTERESTED IN TALKING WITH ME REGARDING MY SITUTITION CAN REACH ME AT 916-308-1747. PLEASE LEAVE A VOICE MAIL IF I DONT ANSWER. ALSO MY EMAIL ADDRESS IS ldmendoza2003@yahoo.com. ILL TRY TO RESPOND AS SOON AS POSSIBLE ITS JUST THAT IM NOT SURE TENT CITY HAS ACCESS TO WIRELESS COMMUNICATION. ALSO I WENT AND GOT A POST OFFICE BOX HERE IN FAIR OAKS WHERE THE PROPERTY IS LOCATED. THE ADDRESS IS : LAURIE MENDOZA PO BOX 91, FAIR OAKS, CALIFORNIA 95628.
I REALLY NEED SOME ASSISTANCE
THANK YOU
SINCERELY
LAURIE MENDOZA
How can a pro se not lose faith?
NEVER GIVE UP …THE ANSWER IS THERE
I’ve been chipping away at this problem for going on three years. The only things moving forward are evictions and foreclosure sales. There is no mention of the blatant fraud in the elitist owned media. The judges still run roughshod over individuals, seeming to trip over themselves in order to help the TBTF banks and secure their pensions.
NOT TRUE…SOME WILL PREVAIL AND MOST WILL NOT. YOUR ARGUMENTS NEED TO BE FOCUSED ON THE ISSUE AT HAND AND SOMTHING GOING ON BEHIND THE SCENES…..
IT IS ACTUALLY VERY SYSTEMATIC.
THINK THROUGH YOUR ARGUMENTS AND PULL AWAY FROM THE TEA PARTY AND MERS GIBBERISH.
DEBT COLLECTORS ARE FED JURISIDICTION AND POWERS GRANTED BY STATE ARE STATE ENFORCED . . .THIS IS A SUBROGATION MATTER AND SURIETY ISSUE . . BONDS .
THINK , DON’T COMPLAIN…..
MSOLIMAN
we recognize lawyers are human beings and that are prone to making mistakes.
but when all your friend houses have been foreclosed and you are on the way to losing your home bacause the law firm is only collecting fees and not filing anything there is a problem
actions to quiet title. if we wait for the crooks to start foreclosure we will lose.
sue for quiet title and then amend the complaint.
and never, never, never acknowlwdge that you owe anything on your very likely fully paid off mortgage.
KOP WILL TAKE IT TO THE END AND PUSH THE LENDER INTO A DEAL. AND HE CAN WIN…HE IS THAT GOOD. I KNOW FIRST HAND.
ITS ALL AN OPINION BASED ON YOUR AND MY EXPERIENCE. ATTORNEYS ARE A TOOL THAT NEED TO BE GUIDED TOWARDS WHAT YOUR WANTING TO ACHIEVE AND NEED GOOD INFORMATION .
DO NOT WRITE KOP OFF BY ANY MEANS…
For two years I sit and watch and read this stuff. If filing this and doing that was so easy . . .why no LASTING wins?
There is a way to do this and means and method to go about it. But, first….know who the heck your really going after here.
Think
MSoliman
neil .. any advise here
this will turn into a list of lawyers to “avoid”
so just go ahead post those names & reason & state.
..[example]
i know 1st hand to avoid hiring
1- Steven Kop. ” inept ” Ca
this should be 1st hand experience- not a rumor or just to bash an attorney or another person. bashing another is counter productive .
unfortunately like other info here @ this blog , i fear this page will fall into the abyss of :” here never to be found again.”
no offense Neil .. Thank you again for your efforts.
Preliminary Injunction granted in a Virginia post-sale case challenging a foreclosure sale and seeking to set aside the sale. The former owners (or actually still the true owners) now cannot be evicted until the entire case is heard on the merits, which is a few months from now.
This morning the servicer indicated that they are moving in the direction of a settlement issuing a new loan to the homeowners on modified terms that were denied before.
Long live forced principal reductions and forced loan mods!
How can a pro se not lose faith? I’ve been chipping away at this problem for going on three years. The only things moving forward are evictions and foreclosure sales. There is no mention of the blatant fraud in the elitist owned media. The judges still run roughshod over individuals, seeming to trip over themselves in order to help the TBTF banks and secure their pensions.
Everyone, from government agencies to financial pundits, insist that we just need to get through this bottleneck of foreclosures, to free up the system so that housing will return to normal. Normal? I have news for you, normalcy will NOT return to the housing market. Not in our lifetimes, if ever.
And BTW, if you look very closely at that so-called bottleneck, it’s actually made up of millions upon millions of Americans who did nothing wrong, who simply believed in the dream of a roof over their families heads, as was sold to them by these very same bankers. To call the act of foreclosing on millions upon millions of innocent people simply a bottleneck problem shows a lack of decency akin to the Roman’s lust for hungry lions and hapless citizens. Schadenfreude gone wild!
The elite in this world own and game the entire system. Even if there comes a time when the whole house of cards begins to fall into oblivion, like they claim it did in 2008, I have no doubt that Congress will determine that a re-write of all legislation needs to occur. They’ll say it’s in order to keep this kind of thing from happening again, but in reality it’s to keep the status quo for the financial community. Besides, the banks write the checks now don’t they? How could one campaign otherwise?
The banks will continue to get OUR money for nothing, and lend it out to US with hidden fees and cryptic, 200 page agreements that continue to pledge our lives to them through clever cunning and usurious ambiguity.
The bank’s fraudulent acts will go unpunished as the slate is wiped clean. The SEC will scold, but not too much. They can’t risk pissing off the TBTF bankers, as they might tighten the non-existant lending even further. And don’t tick off the ratings agencies either, or they’ll downgrade treasuries, officially verifying that the U.S. is now a banana republic.
When 100 economists come together and 50% of them say things are improving, and the other 50% disagree, what does that tell you? When everyone says that our economy is improving because Wall street is doing well and the markets are up, what does that tell you?
In the mean time, I can’t get BofA to respond to multiple QWR’s, even though they totally screwed up the math on my account, overcharging me over and over again. Yet all the while they keep sending deed in lieu letters and threatening this and that, and continue to trash what little credit I have left. All clear violations of basic law…but they operate with complete impunity.
My state AG says, “What do you think we can do about it?” Even the AG acts as if it’s necessary for my neck needs to go through the bottle as well. It’s for everyone’s best interest.
And all signs are pointing to a big tea party come November. OMG! We are so screwed!
Mr. Garfield, I am a home owner who has went through the services of several lawyers who want a large sum of money, and took a large sum of money and i have received very little or no information from them, either they do not know, or do not want to work for their money, i had a mortgage note with a company who filed chapter 11 bankruptcy, and turned our note over to a 3rd party for servicing, how ever the new company has changed our note, our monthly payments, our insurance/and tax’s, and has refused us with any information we have requested over the past 48 months. we need help with a good qualified lawyer telephone number is 417 833-3358 thanks for any help larry and lena walker
Don’t trust any attorney, it’s blog posts like this and Neil’s avoiding of and ignoring the huge problem of federal and state employees ie judges, sheriffs, DAs, Police Departments, Legislative members, Congress etc.. via public pensions, which cause me and others to lose faith and trust in LivingLies hence the name DyingTruth. Although many of the longtime contributors still try to help where we can many of the blog posts seem to be coming commercerialized, some even just repeated echos of information originating from the same place as prior posts.
Yeah, those rats and scoundrels at BofA are the cause of me persisting in my presence on blogs like this one. I have a SIGNED PERMANENT ‘AG Mod’ from CountryWide/BofA. It is one of tens of thousands of PERMANENT mods that BofA has breached.
Sometimes they keep taking the modified payments for many months before springing the surprise claim that the mod ‘never happened’ or that it was ‘canceled’. HA! Breach of a CONTRACT is what happened. Their claims are that they never put THEIR signature on the final document after the borrower did. Well, the S**s were the ones who originated the docs, just like they originated the Deed and the Note. Their signature was not needed on those documents that they originated, just the borrowers. Same goes for the modification. As more suits get filed about the people who are foreclosed on while trying to OBTAIN a mod, those of us sitting with both a final modification contract AND the foreclosure papers since they would not honor the contract are only getting MORE pissed at the antics.
In some cases, BofA orchestrated transfer of the servicing to coincide with the date the first payment was due under the modification contract. Meanwhile BofA continued to have personnel claim that the mod was still being processed for me and the the mod was ‘mine’. HAH! That transfer while supposedly updating the actual loan docs is not a good tactic to use because of RESPA and also because the company that took over servicing intentionally breached that mod, then tried to claim they had complied with the CA CC 2924G, claiming that they had made every effort to try to work with me. They had to affirm that in the NOD they generated. It will be part of what they face in court.
If I dangle a contract in front of someone, let them sign, never inform them in a SHORT period of time (as in a FEW DAYS) of problems found in the contract they signed, they have a valid contract with me. Same case here, only it is a too big for their britches bank that thinks they and other similar entities are above the law.
another good news :
Owner of Home Sold at Auction Sues Bank
Updated: Wednesday, 25 Aug 2010, 8:28 PM MDT
Published : Wednesday, 25 Aug 2010, 8:28 PM MDT
LAKE HAVASU, Ariz. – An Arizona man has filed a $100 million lawsuit against Bank of America. He says the bank told him them would help modify his home loan, but instead sold his million-dollar home at auction for a fraction of what it was worth.
Joel Williams is accusing the bank of fraud and misrepresentation, saying he was duped. Williams says that while they were working with him to modify his loan, they were foreclosing on his Lake Havasu home at the same time.
The 2,600-square-foot Spanish-style house was once valued at a million dollars. But Williams fell behind on his mortgage, and turned to Bank of America for a loan modification.
“I was told I was doing everything the right way,” he says. “I wanted to stay in the house, I wanted to keep the house — I did everything Bank of America told me to do — and one morning I get a call and the house is no longer there.”
Williams says the bank started working with him in September of last year, and then sold the home without telling him.
“They sold the property out from under me for $192,000 — a million dollar property.”
Williams was given one month to move out of the home he and his family had spent 10 years working on. But Williams isn’t going quietly.
He is suing Bank of America for $100 million to send a message. Wednesday in federal court, the judge ruled the case could go to trial.
A Bank of America spokesperson said they do not comment on pending lawsuits, but added the bank has helped more than 665,000 homeowners modify their mortgages since January 2008
To: Fighter…Please email me at: nvr_rules@ yahoo.com. I need to speak to you about these “clowns”. Thks. MT
It is not immigration, it is foreclosure fraud
In Virginia and DC most of the foreclosures will fail and audit for the credit bid issue that was raised a couple of days ago.
Every Step these crooks take is another can of worms.
There should be a law suit against MERS for full and total disclosure. After reading the Report by Mr. Lavalle, posted by Mr. Garfield. I am amazed as to how these shell company continues operating.
And that is that croak of it, they may fine these crooks all they want, however, until they are actually shut down the other bad apples will not take the hint.
When you call mers they only give you the name of the servicer, when you call your servicer they refuse ti give you the info as to who is the real creditor or creditors in your loan. When they foreclose, they one one name, once the foreclosure goes through or something else is done another party appear in the horizon.
And we have judges rubber stamping the financial holocaust of America, just because they are swamped with 45,000 foreclosures as it is happening in one particular county in Florida
when are we going to start fighting back????
This election season is prime, let us force this politicians to start talking about our issues.
….
i HAD MY CASE WITH THESE CLOWNS FOR OVER A YEAR AND THEY NEVER EVEN SENT A QWR,
I SENT IT MYSELF.
There are lawyers in Virginia, DC and MD currently telling their clients to wait for the banks to start the foreclosure process and when they go to court the other party wins. All this after you have paid aN INITIAL retainer and monthly fees that amount up to half of your mortgage payment.
One of those firms, one particularly located in DC, with hundreds of cases. Has the gonads not to even show to hearings, having the cases dismissed with prejudice against the borrower. Meaning that even if they file for BK, they will never be able to raise the issues with merit in any other court venue.
Be careful.
Firms to avoid:
Pesante Law firm in DC.
This firm was ordered by the DC Bankruptcy Court to refund all their fees to the clients. Highly unprofessional and incompetent.
They have no idea where the rear end is located in relation to the face!
They are listed here as “Jose Guerrero” and attorney who has since left and that was very aggressive and dedicated, what a shame. The turn over at this law firm is so bad that in court room testimony at a hearing the lead attorney, told the judge that that was one of the many reasons they could not come to court and do their job.
JUST BE CAREFUL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1!!!!!!!!
JUST KEEP FIGHTING!!
As long as we’re listing names of lawyers to avoid, if you are in Clark County, Nevada (Las Vegas area), make sure you avoid P. Sterling Kerr. This man cares nothing about keeping you in your home, will eat up your retainer as fast as possible, and says one thing and does another. A friend and client of mine retained him for $2500 to make an appearance in federal court. However, the hearing was vacated. But my friend found out that it cost him $1500 for Kerr to read a couple of documents. On another case, he told the clients that they would never get “a free house.” He was referred to me by an acquaintance, but sometimes we learn the hard way.
On the good side, we’re using Edward “Ted” Marshall on one other case, and after some negotiating, Mr. Marshall has shown that he can help a case. He submitted a supplement to an Opposition to a Motion to Dismiss that was very well-written, included good Nevada case law, and worked harmoniously with the original Opposition, and he did quite well in oral argument at the hearing. The client survived the dismissal, and Mr. Marshall even gave the judge two books about securitization right at the bench during the hearing! Of course the other attorney objected, but Judge Earl said he “would not be ruling according to what was in the books.” But it can only be a good thing for a judge to get better educated about the problem. (A side note — Mr. Marshall will not practice in federal court.)
You just have to watch the hourly billing with these guys. One thing I don’t like to see is a case get so far out of hand that the client would be paying for another house just to defend the one involved in the action, with no guarantee of winning. You might as well just go buy another house at that rate. And so far, none that I have spoken with will take any of these cases on contingency, either full or partial.
What we need is a fund set up by some philanthropic organization to cover the legal fees while saving peoples’ homes from wrongful foreclosures. But until that time, if anybody has any suggestions for good Las Vegas attorneys who “get it,” then please list them. This is one tough city to fight the money powers.
So will you also allow us to report attorneys who are taking cases where they PROMISE to file a law suit, even contact opposing counsel saying they will be filing yet NEVER do so, even when the sale date is eminent?
I personally can cite Michael T. Pines for doing JUST THAT. He had not even started to prepare the case even with over 3 months time to do so.
I also have seen other attorneys who have had the same problem in the past per their CA State Bar Association public information. I have a rumor that one such attorney is allowing a backlog of un-filed cases to pile up and will not get them all filed on time.