FORECLOSURE DEFENSE LAWYERS SUBJECT TO BAR PRESSURE

MOST POPULAR ARTICLES

DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22

CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE

EDITOR’S NOTE AND COMMENT: LAWYERS BEWARE! Starting up an anti-foreclosure venture and making comments criticizing the system has reportedly caused some investigations to begin and may result in bar discipline for technical infractions. From what I can see, the Bar is focused on UPL — unauthorized practice of law. The use of non-licensed people to do either intakes or provide services COULD subject the lawyer to discipline, which the Banks would just love to see. Be careful how you structure and supervise your organization. If grievances pile up (which they will, because you can’t save everyone), the Bar will be at your door-step. Document everything you do and stay in constant contact in writing with each client.

Daily Business Review.com: Lawyers investigated for criticizing system

No attorneys are facing disciplinary charges for their work in foreclosure cases despite a firestorm of complaints about purported fraudulent court filings on behalf of lenders.

But two foreclosure defense attorneys have been actively investigated for publicly criticizing the gridlocked foreclosure process.

The Bar investigated Jacksonville attorney Chip Parker for telling CNN, “Foreclosure courts throughout the state of Florida have adopted a system of ramming foreclosure cases through the final judgments and sale — with very little regard to the rule of law.” He also said, “What I am seeing now is an attack upon the citizens of the state of Florida by retired judges.”

The Bar also is investigating Tampa lawyer Matthew Weidner for “exercising free speech in the courtroom” in violation of a Pinellas County ordinance. Weidner, a prominent foreclosure defense lawyer, runs a blog critical of the state’s foreclosure process and is frequently quoted in national publications.

The article then goes on to say this…

Parker learned he was under scrutiny in a letter from Bar counsel Shanell Schuyler last Dec. 3. The letter, obtained by the Review, includes a link to Parker’s CNN interview and advises him to explain his on-camera statements in writing by Dec. 20 in light of The Bar’s Rule of Professional Conduct 4-8.2 prohibiting lawyers from making false or reckless comments about court personnel.

“I was shocked,” Parker said. “I said, ‘This is a joke, right?’ I have a First Amendment right to free speech. I’ve said a lot worse and been more pointed in my speech in the past. CNN actually toned down my comments.”

Parker responded to The Bar by quoting Oliver Wendell Holmes Jr., the late associate justice of the U.S. Supreme Court, saying his criticism was “consistent with the great traditions of American lawyers.”

Parker said he hasn’t been told who filed the complaint due to confidentiality rules, but he heard it was an offended judge. He reached out to constitutional lawyer Talbot “Sandy” D’Alemberte, a former president of the American Bar Association and Florida State University, whom he had met at a recent dinner honoring Parker. D’Alemberte intervened at The Bar, and the case was dropped Jan. 13, 2011.

D’Alemberte also is helping Weidner at the request of the Florida Press Association and the First Amendment Foundation, which were contacted by Weidner. He declined comment on his pending investigation. But D’Alemberte said he believes the case also will be dropped.

You can check out the article in full here…
(Free registration required)

Unfortunately, these two “good guys” are not the only defense attorneys being investigated. I personally know of a few others that are being “probed” as well…

So there you have it folks. You stand up against the banksters and they come at you any way they can…

But, don’t forget, it’s okay to join a Foreclosure Mill if you are a chief judge….

25 Responses

  1. Why is the Bar fixated on the actions of foreclosure defense attorneys rather than those of the Pretender Lender’s counsel? What about all the pleadings being signed and filed by counsel which are obviously not “well grounded in fact”? In many cases, whether the foreclosure is contested or not, some attorney has signed and filed a pleading that’s not “well grounded in fact”, many are even presenting affidavits to the court that they know aren’t supported by a fact that exists anywhere on earth. What about investigating these attorney’s? The Bar would surely be regulating in the best interest of the public with this approach, but wait a minute….that makes too much sense, right?!?!

    Foreclosure victims with “securitized” mortgages should file complaints on the attorneys representing the “pretender lender”, foreclosure records appear to be flooded with incriminating documents…file a complaint. Heck, you may just get lucky and get better discovery…for FREE!!!

    I am not an attorney this is for educational and entertainment purposes only.

  2. cubed2k,

    You make good points that I haven’t considered. My viewpoint was more like going back to a bartering system and be done with “cash”, “money” and/or “notes” all together. The demand for it is the only reason it has value. So if at some point the masses decide not to place value in it and trade goods for goods or goods for talents, it really wouldn’t matter where the “cash” is kept, it would have no value. The power would be with the people and the playing field would be more even for all. Just my opinion.

  3. bank to somebody in a bank, or IMF or BIS or Federal Reserve,

    oh my god, Donald Trump just died, he has 2.5 billion US dollar worth of debt to us in the SYSTEM. What do we do?

    Will this have any bearing on the system?????????? Whose books will not balance?

  4. let’s see, so and so died, yes he died. He had 10k worth of dollars debt to a bank. Ever here stories of that.?

    does it matter?

    long live the dead, come back to life so you can pay your debt.

    hahahahha

  5. MakeItHappen:
    from my link:

    “You are under the impression that you have some money. You don’t. You have “notes”. Look that up in a legal dictionary. The Federal Reserve Note is actually a debt. It is only ever borrowed into existence and must be paid back with interest. The interest doesn’t even exist, yet it must be paid back. It is called perpetual debt. A creation of the bankers to enslave the world. So far its working.”

    While that is true, those notes still act as money. Meaning you can go to the store with a 10 dollar note and buy 10 dollars worth of stuff – food, gas, whatever – whatever the prices are. So it is Money – a medium of exchange that other people or stores will exchange with you. You give me 10 bucks, I give you a slab of beef weighing 10 lbs, whatever.

    Here’s my view, so if the “Credit” markets dried up as in 2008, what on Earth would that do to people paying cash or Federal Res notes for items. Nothing, the stores would still except them and main street would just continue as if nothing occurred. They don’t know. So what if the credit markets dried up, freezed all trading – who would suffer? Only debt buyers and only those that deal with debt instruments to earn their income, and only traders of such on Wall Street. Thus all my money is under the mattress or dug in a hole in the backyard. One gets no interest in keeping one’s money in a bank account or even credit union. So let them have it to trade. I keep a small amount in my credit union as fuk the bank monopoly. Credit Unions don’t pay Executives and traders millions of dollars.

    So tell me, when was the last time your house or backyard was robbed? Of your cash? or Fed Res Notes?

    Keep your money in a bank and you are at a loss as they use your money to trade, of which you get no profits.

    Oh, but invest your money in a stock trading account or 401k account or IRA. Jeepers, here your money is being used to multiply it. Really? So you don’t have to do any work to exchange for money, you know make your money work for you. Sure some do, and some figure it out. But the majority do not!!!!!!!!!!!!!!!! Niice stories in the media, Gates and Jobs become multi dollar owners and they started in a garage!!!!!!!!!!

    It drives me crazy when they say on CNBC stock TV show —–investors today are buying, investors today are selling, blah, blah.

    there are no investors when a stock share is bought that is traded on the stock exchange. It is all speculation. If you were an investor, then the company you bought shares from, would take your money in a pool of you’s, and take that money and multiply it so that that you share in the profits of such occurring. But the company never uses your money, never ever, it never reaches them, ever. And if the company pays a dividend, well you are somewhat investing, but still your money never goes into the company to be used, never, never, never.

    The whole stock market game is a ponzi scheme. Got to have more players ever so more.

    Question? Stock market volume, key point, is low – yes low volume. That is a good sign that people have fuk you wall street, we ain’t play’in the game anymore.

    Consider —- you can go out and buy shit at garage sales and if you know what to buy, you can take $1000 and turn it into $3000 by selling it on Ebay. Or at an auction or at a antique fair or flea market. You can do this in 3 months time. So that is 300% return on equity. Take $1000 and “invest” in wall street stocks – will you get that return?

    HaHaHaHa.

    The solutions are within us. Stay away from the banks, stay away from Wall Street. Keep your cash.

    that’s my view nowadays. Hey , whatever game you are winning at, go for it. What are the real rules – get what you can when you can, and don’t harm another. Don’t harm another, and you will not feel guilt. There are more good ones than bad ones, that is for sure.

  6. SPREAD THE WORD:

    I’ve designed and created a “homeowner warrior”—“got MERS?”— livinglies.wordpress.com—bumper sticker for anyone that’s interested (quantity discounts):

    http://www.zazzle.com/got_m_e_r_s_homeowner_warrior_bumpersticker-128060858974589013

    Also a t-shirt:

    http://www.zazzle.com/homeowner_warrior_got_mers_t_shirt_women_men-235131489799966513

    I can make stickers, buttons, postcards etc., available also, if anyone is interested—let me know! cariemac9@gmail.com

  7. Wow cubed2K!!! All I can say is WOW!!! Perfect solution, can you imagine the task in “un”conditioning the minds of the masses?!?!

  8. Here you go MakeItHappen, here’s one solution:

    http://www.godlikeproductions.com/forum1/message1434418/pg1

  9. @ E. Tolle & Randy Frodsham,

    I couldn’t have said it better!!! At some point, our complaining has to stop and action must be set in motion…My question is when are all of us going to get ANGRY?!?!?! I’m not promoting violence, just an organized intellectual fight!!! The fraudsters have mobilzed and organized this ponzi scheme, including their legal defense….When are we going mobilze and organize to beat them at their own game….THE TRUTH ALWAYS PREVAILS….BUT WE MUST FIGHT FOR THE TRUTH!!! The fight consists of new gov’t officials, new judiciary, depletion of political parties, exposure, exposure and more exposure!!! The forecloure situation is currently at the forefront, but can you imagine what’s being hidden right now that will haunt us 5 or 10 years from now????

  10. to TMT above: note the SEC is ordering no restitution to the defrauded investors whole; they are only interested in the SEC’s pocket; is there anyone still deluded to think that the government has their best interests at heart?

    to ALL above: Paying a “fine” to some government agency is merely a part of the cost of doing business today. Some of you are calling it “cover-up;’ look at it, appreciate it for what it is; then, and only then, will you be able to trully do something about it. Understand that the US today has become a Country Ruled by Privilege and is no longer a Country Ruled under Law.

    Blood has already been drawn. Just google the words “foreclosure” and suicide,” and observe: more than 6 MILLION hits. Angry people do not take heir own lives; only “beaten” people do. We must move people from “beaten” to flaming ANGRY!

  11. @ Make It Happen,

    You’re exactly right! Just another backdoor bailout, fraudulent payment plan, or whatever you want to call it. The government is setting it up so that the banks still get their monies at full price, no haircuts, the borrowers sign new docs, and the banks continue their fraud unscathed.

    What’s one more billion after $13 trillion?

  12. If you read the settlement of JPM today from SEC page, you will know who was in charge of the case…. Yes, R Khuzami who was from DB…. The system is all messed up and mixed up.

    http://www.sec.gov/news/press/2011/2011-131.htm

  13. @ Ann,

    Sorry to be a sour puss but the $1 Billilon is still taxpayer money going to fraudsters!!! The masking will have to stop or the real problem will not be solved

  14. I believe every regulatory agency in the US of A has lost their freakin minds!!!! When you cover up $h_t with $h_t you’re simply left with more $h_t!!! I’m convinced the “powers” that be think its citizens are futile, but I believe the opposite. I believe if they don’t slow their roll, they are asking for an uprising.

    Mr. Wiedner and Mr. Parker will be just fine. Here’s a simple solution to assist Bar Assoc. across this nation with their accusations….READ A FEW TRANSCRIPTS!!! STOP WATCHING CNN OR ANYTHING ELSE TO SATISFY SPECULATION WHEN YOU HAVE THE AUTHORITY TO LOOK AT THE ACTUAL EVIDENCE!!! Every Floridian should send the Bar real evidence from cases that support these gentlemen’s statements!!! Use the power of these blogs to assist EVERYONE, not just yourself. We cannot afford to lose a single soul or a single battle!!!

  15. http://stopforeclosurefraud.com/2011/06/20/foreclosure-soup-kitchen-for-unemployed-up-to-50k-zero-interest-loans/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ForeclosureFraudByDinsfla+%28FORECLOSURE+FRAUD+%7C+by+DinSFLA%29

    Foreclosure Relief Effort Finally Kicks Off.
    By Alan Zibel
    The Obama administration is finally launching a long-awaited $1 billion program designed to provide the unemployed with loans to help them avoid foreclosure.

    But there’s a catch: Homeowners will have only a month to apply.

    The new Emergency Homeowners’ Loan Program, created in the Dodd-Frank financial overhaul last year, aims to help unemployed homeowners with their mortgage payments by providing zero-interest loans of up to $50,000. The program is expected to aid 30,000 borrowers, and the loans can be forgiven over five years.

    On Monday, the Department of Housing and Urban Development said it approved 27 states and Puerto Rico for the program. That adds to five states that already had similar programs in place and were approved for funding in April. Texas is the largest recipient of the government funding, at $135 million, followed by New York at $112 million. Homeowners will need to apply by July 22 to be eligible for the program.

    Full story at

    http://blogs.wsj.com/developments/2011/06/20/foreclosure-relief-effort-finally-kicks-off/

  16. Cubed2k Great article.

    The best way to beat a hangover is to Start drinking again. NOT

    Be Strong and Courageous.

  17. These Judges that are ruling for the corrupt banks and corrupt title companies are destroying the economics of our Country.

    China sees it. They are cashing in their US Treasuries. Our creditability and money are going down.

    The Judges think they sued and got their pensions to go up , but what they haven’t figured out is that with the dollar becoming junk , the Judges have a lot more of nothing.

    When you put on a black robe, do your brains shrink?

  18. http://www.ncua.gov/news/press_releases/2011/MR11-0620RBSComplaint.pdf

    Page 12, points 36-42

    Why don’t they mention the breaking of state laws of land records and standing, etc?

    Somebody needs to talk to the investor lawyers and get them to include the improper foreclosing, robo signers, multiple loans on same property

  19. lawsuit by NCUA v. JP Morgan, AHMS

    http://www.ncua.gov/news/press_releases/2011/MR11-0620JPMComplaint.pdf

    http://www.ncua.gov/news/press_releases/2011/MR11-0620RBSComplaint.pdf

    IT WOULD BE NICE IF THESE LAWSUITS TIED IN THE MERS FRAUD AND THE NON-TRANSFER OF MORTGAGE LOANS INTO THE TRUSTS. IE WHO ACTUALLY OWNS THE LOANS.

  20. Even the average person is aware that the justice system is being bought by the BANKSTERS! If the lawyers have the right to speak up for the truth and then the BAR disciplines them, then the BAR is not acting with a clean professional conduct themselves. The BAR is acting outside the law and who is going to probe into their ethical or I should say un-ethical behavior. If the BAR Association and the JUdges go above the law how can anyone follow any proper rules or conduct? This whole country is going down the toilet faster than a speeding bullet. The fact that they BANKSTERS lawyers get away with fraud continuously and the BAR is not holding them responsible for all their misconduct it proofs that the BAR and the judges are on the take. Although, there are few good judges out there who are starting to see through the mess that the banks have created. Those are the judges to be upheld in good standing, and those lawyers who are speaking up on behave of the truth and their clients they should be given awards. We cannot continue living in the shadows and hiding behind the big lies, the truth should be brought forth, and every Association whether be the BAR or the FEDS or the OCC, etc should not prevent it. This foreclosure crimes has gone on way too long, and our country will not heal and move on until this mess clears up, and the banks fix the situation together with the government. We are getting so sick of this crap and we need to move on!

  21. Corruption is rampant ,, I lost a bid on a condo building to a lawyer for the plaintiff who openly colluded with a developer to retract bids they placed in violation of auction rules AND I HAD THE CHIEF JUDGE OF THE CIVIL BUSINESS COMPLEX DIVISION, JUDGE LAUTEN AS A WITNESS TO THE BID RIGGING…

    PLAINTIFF UNILATERALLY SCHEDULED A HEARING ,, HEARD BY LAUTEN HIMSELF … WITH 1 BUSINESS DAYS NOTICE ,, LAUTEN REFUSED TO RECUSE HIMSELF OR RESCHEDULE… HE FEIGNED AMNESIA ABOUT HIS WITNESSING THE EVENTS UNTIL IT WAS PLAIN THAT IT WOULD HELP PLAINTIFF .. THEN IT ALL CAME BACK TO HIM …

    The judiciary is an absolute joke in the 9th circuit Florida..

    If you want a Windows media audio file of the hearing to post Neil just let me know..

  22. I knew this before you wrote this. Don’t complain about the corruption in the Judicial Department even if includes a Judge taking a bribe to fix a case.
    If, I were an attorney I would have lost my license standing up for my rights in a fraudulent foreclose case.
    Without a license I can let the world know How Corrupt JUDGE ALICE SCHLESINGER OF NEW YORK SUPREME COURT IS.

Leave a Reply

%d bloggers like this: