Robo-Litigation: Attorney Misconduct at Foreclosure Mills

Millions of dollars per month are being paid to foreclosure mills employing young attorneys who are probably not aware of the fact that they are participating in fraud, forgery, perjury, and fabrication. Even those who suspect that there are problems with the cases that they are filing wish to keep their jobs just as their employer will do virtually anything to maintain the relationship with pretender lenders who do not have any stake or risk of loss in loans that were funded by third parties.

Dustin A Zacks  has written an extensive article in the Cleveland state law review that details the various dubious acts by the law firms and the attorneys that they hire. The article challenges courts and the Bar Association to get more involved in discipline of attorneys who are consistently breaching their code of ethics and the disciplinary rules of their Bar Association.

Specifically, the article examines how the foreclosure mills differ in makeup from  traditional large law firms.  The article presents an examination of three policy options to prevent another surge in attorney misconduct: changing ethical rules, improving ethical education, and increasing state bar association funding and authority.

Strategically it is important for those attorneys who challenge the enforceability of the debt, note, mortgage, default, sale or even the right to collect on these  fatally defective documents that are regularly used in litigation against consumers and homeowners. I encourage all practitioners to read the article in its entirety, since it contains numerous clues as to what to expect from the other side as they pursue claims without merit.

“Robo-litigation”
http://www.legalethicsforum.com/blog/2013/05/robo-litigation.html

76 Responses

  1. It looks like this weekend is when the banksters decided to put lots of idiots and shills on this blog. My, my, there are so many fools in this world.

  2. @Deboah Wynn
    It sure is.

    and have you noticed all the plants on this site trying to confuse our discoveries, and rights.

  3. Congrats …!

  4. VICTORY!! CALIFORNIA HOMEOWNER STOPS A FORECLOSURE USING THE NEW CALIFORNIA HOMEOWNER BILL OF RIGHTS. HIS ATTORNEY CAN COLLECT HIS ATTORNEY FEES FROM THE BANK. BECAUSE SINGH WON THE INJUNCTION–HIS ATTORNEY WILL GET PAID BY THE BANK!! FIND THOSE ATTORNEYS TO HELP YOU IN CALIFORNIA.

    http://www.scribd.com/doc/140451108/VICTORY-CALFORNIA-MAN-STOPS-A-FORECLOSURE-USING-THE-NEW-CALIFORNIA-HOMEOWNER-BILL-OF-RIGHTS-HOBR-5-9-2013

  5. The Credit River Decision. The First National Bank of Montgomery v. Jerome Daly

  6. What’s the full name of the case with Judge Mahoney?

  7. When these media morons tell the truth only a fraction of the time they have zero credibility IMHO. The ongoing cover up for 9/11 and the largest financial fraud in history makes everything the media says irrelevant. However, someone has to spy on them.

  8. Wall to wall media coverage about those missing women who were “found.” That always throws up red flags for me the banksters are no doubt sneaking in more fraud under everyones radar.

    I would not call them elite, I would call them just what they are wantoned felons.

  9. Snopes lies. They are bankster shills.

  10. Romney was put there and paid well to make people believe they had a choice. Obama is the banksters choice & the media works for those crooks. That will be the day the media decides who gets elected, however, the media staged the entire event. They are all shameless crooks, traitors & imposters. The media spins everything the way they want it spun. There are few honest journalists and they don’t last long. They are all Corporate bankster shills for the most part, same with the politicians. If you get hired by them they own you and you do what you are told. It is like when you join their military, once you join they expect loyalty to them, the banksters for your entire life, not your fellow country men & wome and not the Constitution.

    It is up to the people to stop cooperating with these sheisters.

  11. alexquisito and all

    NO APPEAL WAS EVER HELD IN THE CREDIT RIVER CASE.

  12. There is nothing in the Snopes site but a series of letters all indicating that an Appeal was ever held.

    I believe this needs its own thread. Everyone needs to read this decision by Judge Mahoney.

    “The activity of the Federal Reserve Banks…and the First National Bank of Montgomery, is contrary to public policy and contrary to the Constitution of the United States, and constitutes an unlawful creation of money and credit for no valuable consideration. Activity of said banks in creating money and credit is not warranted by the Constitution of the United States.

    There was no appeal allowed to this decision.
    Judge Mahoney was assasinated two weeks after this.

    Read on Snopes the stipulation signed by Jerome Daly and the Banks attorney Theodaoe Mellby that the Appeal by the Bank is being withdrawn.

    Alexquistor. intentionally or by mistake you are posting misinformation.

  13. There is nothing in the Snopes site but a series of letters all indicating that an Appeal was ever held.

    I believe this needs its own thread. Everyone needs to read this decision by Judge Mahoney.

    “The activity of the Federal Reserve Banks…and the First National Bank of Montgomery, is contrary to public policy and contrary to the Constitution of the United States, and constitutes an unlawful creation of money and credit for no valuable consideration. Activity of said banks in creating money and credit is not warranted by the Constitution of the United States.

    There was no appeal allowed to this decision.
    Judge Mahoney was assasinated two weeks after this.

    Read on Snopes the stipulation signed by Jerome Daly and the Banks attorney Theodaoe Mellby that the Appeal by the Bank is being withdrawn.

    Alexquistor. intentionally or by mistake you are posting misinformation.

  14. Now the outcome of the housing crisis may have a better chance of being heard as this Benghazi matter comes to light, and as it was covered up so was what the OCC & Fed had come out with in the 800,000 HAMP files that should have been modified but instead were foreclosed.

    Just as Obama did not need the truth of a terrorist attack on 911, he also had 10 million foreclosed households (2 adults per) to need Hope and Romney was not providing any lifeline as the rest of the GOP. Obama numbers grew with the amount of people on Food Stamps who needed Hope.

    Obama is a lawyer who see this IFR settlement were the OCC is alleging that not wrongful foreclosure occurred, yet out the goodness of the heart of the banks who have just spent $2 billion to review only 100,000, but decided to freak pay everybody something because the bank did nothing wrong. RIGHT!

    You got 10 million families counting on the rule of law, just as the Ambassador needed to be rescued and Obama when upstairs and went to bed, he also every night does before Sept 11, 2012 he sleep just fine turning his back on millions who’s Hope was in him doing the right thing!

  15. 1.
    marilyn lane, on May 7, 2013 at 6:47 am said:
    i believe the massive fraud happened because the Judges were team players and even when they felt they should ,they did not want to make waves.
    I remember in my Appellate hearing the lead Justice DAVID SAXE correctly asked Mr Fiveson words similar to “did the NYSC sign a judgment when the case came back from Federal Court and the NYSC had jurisdiction.
    Mr Fiveson didn’t know.
    I also remember Judge Helen Friedman saying words similar to ” the case was in Federal Court when the state court judge signed the two foreclosure judgements – she too was pushed under the table.
    What was the courts agenda . I don’t think judge Schlesinger shared
    her Equity with them. i simply think that the Court thought they could get away with this and give possession of my two condos to their cohorts
    because I was a pro se. and they were protecting the courts established proceedure of attorneys for the litigants

  16. @marilyn l – Credit River Decision was reversed by higher court – see SNOPES for complete story.

  17. Let me just say we heard absolutely nothing about Obama until everyone else did. Who elected him junior state Senator from Illinois? Hell if I know.

  18. I mean the media snuck Obama in under everyones radar. Woop there he is.

  19. I agree Charles Reed. We did not hear much about this man before his rise to the Presidency. I believe he was most definitely groomed for the job. I was born and raised here in Chicago and he did seemingly come out of nowhere even here. We really never heard much about him and then boom, there he was. To be honest, I don’t even remember him campaigning or even being elected State Senator at all.. It all went down really strange IMHO. I do not recall any broohaha about him being elected in the media which is highly unusual for this town. However, I do recall a big broohaha over Kanye West in the local news media right around that time….strange. It was like the local media had a vested interest in Kanye West. Ah, the news media.

    The local media promoted him as if they were the record company and I found that weird. I don’t remember a local musician ever getting so promoted on the 10 o’clock news. I remember it was ABC 7 Cheryl Burton who did this extremely long news piece on Kanye West that I found not newsworthy. I think they snuck him in under everyones radar.

    As usual, something stinks.

  20. true true true

  21. Yes there is not doubt that the State Bars will do nothing to help. They do not care if they have criminal attorneys for members. I figured that out here in KS a couple of years ago. Hopefully with the glut of attorneys getting out of law school without jobs, there is an honest one that wants to take a couple of the other assholes to the mat. Seems that Douche Bank and JPM spread around the wealth amongst lawfirs to keep a handle on these things. Years ago when bankers tried to foreclose illegally on farms and homesteads they were just planted out in the field somewhere right by the cattle rustler. Today no one even meets the banker they have to fight. Of course the banker is just another politician today hobnobbing with the likes of Obama and Boehner to stay out of jail while they keep breaking the law.

  22. With the indictment of Sen Sampson by the FBI, for alledgedly stealing foreclosure overages prehaps this will break the balloon that hid all the judges illegal behavior

    Sampson is the person who chaired hearings in Albany about nothing being done about disciplinary complaints about the Judges and now we find he had a role and agenda that the hearings accomplished nothing .

  23. @bobhurt
    The Bank didn’t like the decision in the Credit River Case either
    so the Judge was poisioned

  24. @bobhurt

    In order to fully understand the following documents there needs to be an explanation of the background behind the case.

    Please note that the assignment of the case to Judge Mahoney was through standard lawful practices
    and that the Chief Justice of the Minnesota Supreme Court assigned an associate justice to assist in the trial

    These action give total and complete lawful jurisdiction to the actions of the Court

    We will now let the participants set the stage.

    THE CREDIT RIVER DECISION

    INTRODUCTION

    A Minnesota Trial Court’s decision holding:

    the Federal Reserve Act unconstitutional and VOID
    holding the National Banking Act unconstitutional and VOID
    declaring a mortgage acquired by the First National Bank of Montgomery, Minnesota in the regular course of its business, along with the foreclosure and
    the sheriff’s sale, to be VOID
    This decision, which is legally sound, has the effect of declaring all private mortgages on real and personal property, and all U.S. and State bonds held by the Federal Reserve, National and State Banks to be null and VOID.

  25. @ Ron ,

    Sorry to say but you’ll get nowhere suing them ,, the courts will just throw it back to the bar ,,, and don’t go to the bar either ,, like any other professional organization their job is to protect their members ,, not help you… you’ll just have to win and be happy with it. The only way to really get them is to find a bigger fish that you can get to attack them ,, this usually means a regulatory agency or invoking a federal consumer protection law.

  26. @ Poppy , ALL ,

    Is there any paper trail to indicate where the “paid in full” paperwork might be hiding from the AIG 2008 settlements? Mine was in there and WF was master servicer for Deutsche.

  27. The other Robo players are these foreclosure mills, as I learned with an outfit out of St Louis MO who were working MO, KS, IA & NE but were not license as a business in NE until I started complaining.

    However the attorney that in charge of the foreclosure unit is also a (ha ha) the Assistance Secretary of MERS who is assigning Title. However when it come to Wells Fargo and their handling of Washington Mutual (WaMu) FHA, VA & USDA loan in Ginnie Mae pool where either WaMu or another lender WaMu purchase the loan for were in these foreclosures still in title, and what was needed was to make it seem it that Wells Fargo was sold the Note by some one in the old chain of title and grant through MERS an assignment of Title when there was no sell.

    This was almost the perfect crime but there were to many foreclosure for these clown to over come, and someone (me) question the “No Standing” in all of WaMu government insure loan Wells Fargo was servicing.

    The OCC is aware of this crap but who is over the OCC? The Fed and who purchase Ginnie Mae MBS? The Fed, who had spent over $1 trillion buying MBS in the last 4yrs and is pumping $40 billion a month purchasing MBS currently and has a ton to loss because the MBS are phony as they don’t have any underlying collateral.

    Understand the in the link of WaMu government loans to MERS as a beneficial does not exist as WaMu is dead and even before that point the loan were already relinquish. MERS is what DocX was and more because it knows that in its system the preform this “Transfer Beneficial Rights – Option 1, which transfer title inside of MERS but Ginnie Mae is not a lender and does not purchase the debt, so what is this joke Transfer of Title about? Nothing!

  28. organized crime Marilyn- look at libor rate fixing- top down,

  29. Cook County, Illinois Sheriff Tom Dart has a back up plan “just in case” the Illinois State Legislature fails to pass a comprehensive conceal & carry plan. May I also add he was the only County Sheriff to ever come out and speak publicly about the fact the banks don’t have the notes. He said he could not in good conscience throw people out in the streets if the banks did not have the legal assignments. He was on CNN and CLTV speaking out against the banks. He is more recently, defending renters rights. A couple of weeks ago he was speaking out against banks throwing renters out without even filing a foreclosure. Sheriff Dart said if the banks want to evict renters they need to follow the rule of law & go through the courts to evict someone. They banks were boarding up apartment buildings with people living in them!

    Sheriif Dart of Cook County is someone who is doing his job.

  30. Sometimes I read so many foreclosure defenses were lost because the right angle or the right issues weren’t presented to the Court.

    i can’t believe we have so many dumb Judges in this country.

    i think this massive fraud was held together with brown paper bags.

  31. Just like it was discovered there was a network of attorneys using fraudulent documents from docx to make their fraudulent foreclosures proceed with precision, i think there is a yet to be discovered, a network of bankers,attorney, judges and county registers all getting a piece of what they stole from the true homeowners

  32. Charles
    actions- speak louder than words
    Its my fav cliche

  33. Clarance Thomas is right about Obama as I to me he was hand picked because he was and is who he is. Just look at him and the programs he have put out (presented to him) which on paper look good however as Obama has never really had a job as a supervisor other than having kids in walk the street of Chicago register 100yrs old people, pimps, prostitutes and hustlers to vote.

    The HAMP is the correct program to have kept the chaos down and repair the damage, however before the ink was dry Obama give full control over to the inmates (banks). Also when the IFR was develop and had been truly independent and let the chip fall where they lay, it would have restored trust and and made most borrowers ok because most never complained because they had no clue and still don’t.

    But what I see with those who picked Obama saw someone coming from nothing and never really living the black life and really not consider black like this new Senator Cruz from Texas being Cuban first generation like Obama on his dad’s side. Once Obama took off with whites he never had to convince blacks or spend any money in the black community to get our vote in both election.

    Funny is a Jewish cable company in MSNBC hired one of two of their most hated foes in Rev Big Mouth Al Sharpton. All the black leader either fall in line or the black community push them in lock step. The media is control by who its controlled by, and Obama had that vote because it is and always has been Democrat.

    So having a guy that only wanted the fame of the job and is talking about his legacy as if the here and now is not relevant, as he had nothing but good press until lately and you can see there is not the control over the press and what they can write. Benghazi exposes the control the liberal press had in allowing Obama to cover up the terrorist attack right before the election.

    However there were three other big things covered over and one being the 800,000 not modified not qualified, the Food Stamp increased participation & the FHA Independent Audit. all these thing were critical in my opinion to the election but were not reported on or released just days after the election.

    Now Benghazi never passed the smell test for me, just as black leader never came out even after the press put out that blacks where being racially steered into subprime loan while being qualified for prime and government insured loans!

  34. Who knows of a good malpractice attorney here in Kansas. I have been fighting South and Associates for 3 years in a foreclosure by Deutsche Bank and Chase. They now have hired another firm, as I think they see where they screwed up and did not have appropriate docs to file a foreclosure. But I have found it is hard to find an attorney who wants to sue his breatheren.

  35. @ Ian

    Absolutely yes. It is my opinion, most of our loans are paid in full and documented in other states, with changed loan numbers.

  36. A man yes

  37. @marilyn lane….Who is going to stop them? What a bunch of arrogant jerks.

    That proves this was an evil plan and was all about stealing everything from us. They are control freaks.

  38. There is so much fraud in the County registars offices and they do not seem to care.

    I thought with Lorraine Browns arrest and confession they would be starting to look at all the fraudulent transfers

    I believe Fidelity and other title companys not wanting to indemnify the forged and fraudulent deeds that has been discovered are the force,
    connection and money that the fraudulent transfers are not being corrected at County registars . When are they going to be zeroing in on William p Foley CEO of Fidelity , LPS and his entourage.

  39. Treat the Big Banks like we treated Apartheid. We need to convince our polititicians on the City County State level to sever all ties immediately with the Banksters. That means investments Loans processing checks to government employees etc…. Only “We the People” can convince our Politicians we dont even need street protests anymore We can do it from our laptops computers smartphones etc…. via petitions or emails.
    This will not be solved in the courts without the help of “We the People” and the Politicians.

    NEVER AGAIN

  40. Thanks ian i have studied the shared loss
    What loss and why was i not invited

  41. Confuse IS the name of the game
    So at the start im told ” wells fatgo is the investor AND owner of your loan
    They pose as master servicer fir a drutsche trust- that my “loan” was unqualified to be in (- over to you carie) now we have a trust that not a trustee thats not a lender thats not a wire thats not a warehouser offering the ” gentlemaen” ( ha) the ” loans” to indymac
    Who are now one west ” this COMPANY is a debt collector- and in the middle of my litigation i have am pursuing under foia the assets what exactly were they whete were they in the bakance sheets were there charge offs what was the remic status snd so on
    So as bill black says” the more you dig the more you find”

  42. Oh, the 10 pages is for tomorrow only!

  43. I’d like to add another tidbit here: I have been looking through a master auction sheet for one small city. 10 pages of auctions, with judgment amounts, loan amounts, etc….have cross referenced all of the properties and 100% of them are significantly under water from 40-300%.

    The banks are selling these at significant losses, paying huge legal fees for the foreclosure, legal fees for evictions, taxes, insurance, maintenance, etc…now, anyone with a set of eyes can see this paperwork.

    Why would the banks take such a hit and not reduce the principle of these mortgages? These guys are throwing money in the wind.

    This paperwork is very telling. As most of you know I have scoured the deed offices too and found tens-of-thousands of mortgages paid-in-full. Impossible…people did not go to the deed offices all around the country and pay off their loans, minute by minute!

    Just thought you should all know, what I have found and I have documents for all of it and much more!

  44. @ Stripes

    At the fraudulent auctions of my two NYC condos in
    NYSC I told the corrupt debt collectors attorneys Mullooly, Jeffrey
    Rooney and Flynn and the corrupt NYSC referee Penny Stark “you can not sell my two properties with void ab initio judgments and Timothy Rooney replied “who is going to stop us?

    MJRF are long gone from the Bank but their damage remains.

    With the indictment of Sampson today the circle around the necks of
    corrupt MJRF, corrupt Judge Alice Schlesinger, corrupt Fidelity Title attorney Thomas Malone, Corrupt attorney David K Fiveson wlth a scam title company he called Coronet Title, are getting tighter.

  45. @DebWynn and others: It became apparent during my last lawsuit that there are multiples of these servicers/banks with similar names so that they can confuse everybody and commit crimes and steal money and property. American Brokers Conduit went bankrupt but now there is another American Brokers Conduit that is not the same thing but with the same name. As I have said before, the FEIN number, the number supplied to the IRS will tell the tale as to who’s on first. You should always check the Secty of State’s office in the state where you live to make sure the servicer/bank is registered.

  46. They were all jumbo loans to the FED.

  47. Some are saying Clarence Thomas is throwing Obama under the bus. I think it is more like people are sick of being blamed for the crimes & deceit of the banksters.

  48. The elite groomed Obama for the job. They created the same economic conditions as they did when Hitler rose to power.

  49. Yes. I can use all the help I can get. I am working on two complaints, one in federal court, one in state court. Are you the only one who can see this reply or does it show to everyone on the blog? If not, I will send E-mail address to you and phone number. I have UKG’s phone number.

  50. CNN reporting Supreme Court Justice Clarence Thomas said…The media & the elite approved Obama.

  51. Deb Wynn- http://iamfacingforeclosure.comblog Details the FDIC shared-loss agreement. Maybe something in there of value if you don’t already have it.

  52. There is indymac bank ( liquidated) and one west dba- indymac mkrtgsge servicers

  53. Listen at closing i signed in a loose page my signsture no one elses would it be a stretch of the imagination to think what was possible after closing- i signed for 1st n second on a 85/15 jumbo first money ” loan” ” originator” selling 100% of their loans – im connecting these dots now

  54. Deb Wynn- I believe there are 2 Indymacs, and also 2 OneWests, I don’t know why, but make sure to leave no stone unturned.

  55. Poppy- regarding previous post- Of course, the 2nd (double-funded) loan would be recorded SOMEWHERE using my house as collateral. My only thought is, could the actual loan which we closed on, which was just a 12k cashout, (bait and switch), have been paid, and the 2nd loan recorded? They were each for the same gross amount, and had the same ‘loan’ number. I don’t know what to think about this. Any ideas?

  56. So im having to also go to court to get info re the assets transferred ( players indymac, one west, umm fdic) under foia. Whats on line is not the whole story re the sale if assets fdic steps into the shoes of- and must therefore know what these assets were ( collection rights) and what they were worth / to sell
    So i adked a lotta wuestions under the umbrella of foia- they froze. So far- If anyone had these players we need to share info

  57. As Neil stated several time. The key is to deny the authenticity of the note, the allonge, and the mortgage. Let them prove everything. In Florida, defendants have a powerful statute at their disposal when it comes to trust.
    According to Fla. Stat. 709.08(7)(b)(6) a servicer cannot be the agent of the trustee. In foreclosure involving trusts, all the evidence presented by the plaintiff come from the servicer. The status will nullify all the evidence coming from the servicer as hearsay if properly objected too. Check the caselaw Deutsche Bank Trust Company v. Prevratil (Fla. 2nd DCA 2013). Maybe there are similar statutes in other states.

  58. Deb Wynn- I received a 1099a which was listed as a substitute 1099. Gave me reason to believe that the servicer/debt collector was not reporting interest income to IRS. Poppy: in my case, every time “servicing” changed hands, my mortgage loan # switched either to another mortgage loan # or an “instrument” #. I also have a double-funded loan for which I received a settlement sheet stuck to the settlement sheet which I had requested (and received) from one of TBTF banks, both marked “Paid in Full”. Both were NC loans at origination. Am not sure of much else except that my wife and I didn’t sign the second ‘settlement sheet’ nor did we receive the $34K which was “disbursed” to whoever did this. Like most double-funded loans, these were done a little less than 4 hrs apart on the day of our actual closing

  59. Right poppy its very orvanised and ahead of time- had to be. Land grab like never before

  60. I have the substitute trustee on mine, he’s a lawyer, has a real estate brokerage, rental department, REO department, eviction services, debt collector, you name it they do it, all under one roof and use Sylvia B. Jones on all of his affidavits, in NC, VA, FL and (GA) I think…she is attorney in fact for multiple banks, servicers, a POA, trustee, etc…likened to Scott Anderson. And all the players work in his office and some hide with a PO Box that is directly attached to this firm.

    All the same shit…

  61. I got a 1099a ( abandonment/ NOT) before the forcible. Ooo and theres s lot more

  62. I have proof that I can document that this is happening. Fisher & Shapiro illegally transferred the title to my home after the fc was filed. They entered a redacted copy of the mortgage at the onset.

  63. Louise
    Ukg has my email i think you have his yes? maybe we might share info and help one another

  64. So then relate what the foreclosure mill atty did under direction of the debt collector servicer type guy and what ” atty in fact” did for the ” trust” after receivership and then its recorded in land records and we have proof of intent to embezzle the house.

  65. Long time coming but these guys ate the low hanging fruit as they say
    When they have bern issued numerous cease and desists and explicit legal description adto why they must and go ahead in collaboration with the” reo” agents and LPS issuing the oky dockies to sell our homes out from under us i think thats a rico thing isnt it.

  66. As far as I know the trustees function is not as a creditor, ever! They need to check these definitions. They think we are stupid!

  67. I have Ocwen as my new servicer with a new loan number. They sold the debt for pennies on the dollar just like all the other phoney debt collectors out there. Debt collectors need to be sued and put out of business. In my case, there is a settlement agreement which includes a Deutsche Bank trust that supposedly owns my loan. Now they have breached the settlement agreement. I will have to sue for breach of contract. I have been in litigation for about five years. It is exhausting and expensive. I represent myself.

  68. @ Ian

    Yes, I have 4 different loan numbers, currently. Have discovery from Delaware Court and lawyer in NC. Both are connected. The servicer, Ocwen here and New Century trustee in Delaware…everything is a contradiction. What do you need?

  69. @ jan

    I think filing a separate suit is appropriate. Complaints do not work, IMHO…been there, done that!

  70. When you write an FDCPA letter to third party criminal debt collectors (AZTEC FORECLOSURE CORP) asking for the name of the REAL CREDITOR (which is our right), you get this total BS answer:

    “The Trustee of the mortgage-backed securitization trust that your loan was pooled into is your current creditor.”

    “The trustee is the creditor.” How many ways is that 100% wrong?

  71. As Neil accurately points out, the avenue for dealing with mill attorney misconduct lies through the Bar Association disciplinary committee. It is tough to go after the law firm directly, as the prevailing legal theory is that the attorney is the servant of the client, and hence the client is responsible for the acts of his lawyers. Where this concept falls apart is when the attorney goes “off the reservation” and starts doing seriously crazy things. Unfortunately, judges tend to be loathe to grant suits directly against attorney law firms (I suspect because Judges themselves were attorneys at one time, and likely go back to practice later on). All that said, I am a believer in filing suit against both the offending bankster AND the law firm, if glaring misconduct is evident.

    The further problem is that Bar Associations tend to take the view that the misconduct happened “during active litigation” and hence is the purview of the trial court, so they refuse to take up the complaint. Most “State Rules of Court” only allow a trial judge to award opposing counsel attorney fees as a sanction, so the pro-se guy who is being beaten up gets nothing. It is a sad commentary on the moral fibre of the practice of law – including our courts. What you CAN ask for (and should) is a dismissal with prejudice as against those banksters, so taht, at least, in the future you get a little peace.

  72. Poppy, I have noted your posts here re: New Century and Ocwen for some time. Do you have any info on their practice of changing loan numbers numerous times for the same loan? I get the feeling that they are removing and reinserting ‘loan’ numbers into various trusts following payoff. Not sure. Any help appreciated.

  73. One more issue: the millions of foreclosures are being held back by these folks. They are pushed into the market slowly, asking full price in some case (my opinion, to keep prices stable), another ruse. Most of these properties are at full market value and when you go look at them, they have been sitting for 2 years, mildew, rot, damage from vandalism…using old pictures, against the law too. Must use their pictures (real estate involved too). New Century I just caught them, with the help of a colleague, selling and transferring property in CA, while in bankruptcy and Ocwen has moved all of its servicing out of the country to avoid taxation and U.S. rules of collections.

    Keep your eye on the ball folks, they’re getting bolder by the day!

  74. Have to comment here

    The attorney “must” be part of these actions. Countless paperwork, counterfeited, falsified, done by the lawyers( most of them have investment corporations). They ARE presenting forgeries to the court and no one is going after them. The low-hanging fruit.

    One more thing Neil: the last article about the hearsay evidence, that is pervasive also. Why is no one picking up on this?

    Do not take this out of context, but I have been ranting about the contractual issues, hearsay evidence and insurance for over a year now and the ALL play here. We have 3rd party contracts (void) from lines of credit that have not acquired a perfected lien, or attached the note to any property, no securitization or trust, hearsay evidence being allowed into the hearing and judgment remanded down from the judge, insurance proceeds collected from servicers and non-lenders, transfers of written-off debts, paid-in-full to debt collectors for the full amount due…violations of UCC> RESPA< TILA< FDCPA PERJURY> ACCOUNTING FRAUD> TAX EVASION> BREACH OF CONTRACT(undisclosed 3rd party)> DISCLOSURE ISSUES> SATISFACTION OF DEBT, BEING COLLECTED ON MULTIPLE TIMES> DEBT COLLECTORS, (Lawyers most times) LYING ABOUT THEIR LOSS AND AUTHORITY> FORGERY> TITLE ISSUES> NATIONAL ASSOCIATIONS CLAIMING OWNERSHIP (cannot be)> FALSE/INFLATED DOCUMENTS> DEED OFFICE FORGERIES> CLOSED CORPORATIONS DOING BUSINESS ON BEHALF OF DEBT COLLECTORS> It goes on and on… the flood gates need to open here.

    The simple version: there are serious contract breaches, out the gate!

  75. No surprise here. : )

Leave a Reply

%d bloggers like this: