Try a Personal Injury Lawyer

See article on Graham Legal in Miami:

I have been advising people for quite some time to approach personal injury lawyers for representation in foreclosure defense. They have no preconceived notions about homeowners as deadbeats and they litigate for a living. The contrast with bankruptcy and real estate lawyers is that neither tends to have a lot of court experience. PI lawyers know how to fight.  I am seeing more and more people taking my advice and having good results. And the foreclosure defense business tends to lead to referrals for personal injury work. So the lawyer makes money in foreclosure defense, makes money on the personal injury cases and can even make a ton of money on wrongful foreclosure cases — considering the fact that most foreclosures are wrongful.

Don’t believe everything you read. The number of foreclosures is not going down. But the Bank PR machinery is in a full court press to create the impression that the end of the foreclosure era is now. They pick out areas of the country where they have intentionally held back filing foreclosures and caused the apparent drop in filing in THAT area while they pump the number of foreclosures in another area, attempting to keep the foreclosure issue off the national radar. The truth is that we are barely past the half way point and if we don’t fight back the Banks win.

21 Responses

  1. The sooner that the majority of the people understand where foreclosure fraud actually begins—the better off we will all be. There is no loan, there is no debt, the banks loan nothing, risk nothing, invest nothing, suffer no possible loss, are always unjustly enriched, never put up anything as valuable consideration, never sign the loan contract, and outright lie to the “borrower” just so they can steal as many houses as possible. It is all scam, and all fraud—right from the closing table. I am completely sick of people not wanting “to go there”.

  2. Interesting to hear someone mention Neil Garfiled a few years ago in an audio.
    August 2011 when we still discussed the fraud and didn’t taint it with other arguments, before the supreme court ruled.–wrongful-foreclosure-tale
    window of audio reference starts after 21 min to just before 24 min mark.

    They made reference to him using the term pretender lender.
    An attorney made a comment as much as I don’t agree with everything any attorney states as they are an officer for the court, and their interest is not in anyone that pays them for a service, their interest is in being able to go into that court tomorrow, and next week, and as long as they need that building to earn a living for their family. It’s a conflict of interest to hire someone who’s primary job is to make sure they can get paid for going into a building tomorrow and will make a decision today (not in your interest, but with your money as payment for what they do) to make sure they can enter that building tomorrow.

    I didn’t want to paraphrase so I tried to type exactly as spoken, and may have missed some of the typical uhm and ah pauses and repeats of the conversation.

    But the information we knew then, that is being filtered out today is the same, standing, proof of representing the party they claim to represent by their action, such that there is validity to pretending if there are no documents to support the standing claimed, that judges are allowing and attorneys want to come to work tomorrow and will not raise or demand evidence properly as an issue.

    ———–My transcript of the audio beginning—————-

    “But to that issue of pretender lender before we just jump right over that, I mean there are, there are real issues about,
    you know Neil Garfield was the one who first started exposing, (unintelligible) at least as far as I know, this concept of pretender lender.
    You know we were just in a, in a motion for relief from stay,
    in a [bankruptcy court where they were trying to lift the stay,
    you got the loan servicer pretending that their the loan servicer for the, ah you know party that is entitled to enforce the note,
    or the lender creditor, investor, whatever you want to call it, beneficiary um, and there is no proof, no proof attached to their motion.
    and so you know, I don’t know what else to call them, but you know, its certainly not the party entitled to enforce the note or an agent of the party entitled to enforce the note,
    the judge agreed with us denied their motion to lift the stay because ah because they cannot make a colorable claim.
    ah and so you know I don’t, I don’t, gloss over the term ah pretender lenders because in,
    in my mind yes you took out an obligation, yes you owe somebody um but in certain settings each court’s going to be willing to hear different types of legal arguments,
    bankruptcy court hears arguments in regards to motions to lift the stay, and proofs of claim,
    and whether the parties have legitimate standing whether their the real party in interest to bring these sorts of actions and
    you know the pretend lender gets rooted out or you have a chance to root them out and ah, and that’s what happens,
    so those are, if you’re tying that in a house for free, I agree with you, it’s not, it’s not in my book anyway, it’s not a smart strategy, but there are some things to consider here.
    ———– End of my transcript of the audio —————-

    I don’t give legal advice, I do not know legal things. I don’t want to know legal things, I want to know lawful things.
    I know nothing.

    Trespass Unwanted, Creator, Corporeal, Life, Free, Independent, State, In Jure Proprio, Jure Divino

  3. The shame.
    It’s 2015 and there are agencies and entities still filing Amicus Briefs over the SSDD.
    (same s… different day)

    Yvanova v. New Century Mortgage Corp.
    California Supreme Court, Case No. S218937 (2015)

    Amicus Brief from California Attorney General

    Trespass Unwanted, Creator, Corporeal, Life, Free, Independent, State, In Jure Proprio, Jure Divino

  4. This is why Justice Scalia ruled the way he ruled in my opinion. Produce the goods or get out of here

  5. Thank you TU. I have been admiring your comments for years.

  6. Thank you ForThePeople,
    I listened to the week ago zcakes episode I didn’t know she had started another talk show, ( the episode discussing the Ken Dost unwanted experience with the 60(b) motion and order).

    When it comes to these ‘administrative’ processes in these administrative courts, I am reminded of ‘The Book’, and a character in it named Moses.

    He did not communicate the way they did, and he was called to go before them, and as much as they knew how to speak their language eloquently to each other and among each other, he did not speak as they did but he prevailed, not with outside re-presentation but as he is.

    The more I see in what these banks have done, I believe, opinion, the MERS system was for the lawyers, judges, politicians, bankers, to hide their additional securities and property transactions they did not record using our credit.

    I opinion the Bundy Ranch could probably be in the MERS system sold to someone who wanted to take ownership and Bundy would be none the wiser his property was collaterized in that system.

    The public record is showing ownership that should be public knowledge, and MERS is holding ownership that is not public, statute of fraud, and that system is being used to cloud the titles of everyone’s property so they can eventually take ownership of all property using MERS, bypassing the true ownership of property as it has been recorded in the public.

    That’s my opinion, as I become more aware of what is done and what has been done.

    The court system is being used to perpetrate the paperwork for MERS database, and only those who appeal and win, get to delay their property’s permanent entry into the system, for now.

    I also opinion, the reason these servicers are not responding to the rescissions is because they have to by law, recall the security, and in instances where there is more than one, they would have to tender what they received from the homeowner, atind they’d stop reaping the benefits of the money they were receiving on the securities they have created against that property and that owner.

    I opinion to force them to do their job, and to not care how it affects them as they don’t care how it affects you, rescission using CFPB as your agency documenting your rescission and lack of response from the servicer, will force the TILA process into effect and expose this.

    There are many lawyers and judges that did not gain unjust enrichment from these hidden transactions, and those that did gain the enrichment are co conspirators in the securities fraud.

    May explain the summary judgment that some say was already pre-written and pre-signed in some situations,before their case was heard in the court.

    We think it’s a judge protecting his retirement, but I opinion the county attorney, and others have gained unjust enrichment from each property sold that was recorded in the public, and the many that are purportedly owned by the homeowner and not publicly recorded but stored in the MERS database off securities from that same promissory note.

    There are people who could trace their financial transaction from the original $300,000, to some amount over several million dollars.

    There are notes that are purportedly held by some holder, when we know it’s supposed to be destroyed for the security to exist, but there is no allonge to show how they holder became the holder.

    I opinion, the Supreme Court opened the door for the homeowner to unlock the Truth In Lending, and discover how their signature on the promissory note was securitized and how many creditors there really are as the note or parts of the note were supposedly sold, and if there is an interest in parts of that note, it’s probably used to purchase additional properties.

    Listening to the zcakes episode from a week ago,as well as other shows discussing fraud in these house thefts is leaving me more aware than I had ever been.

    A foreclosure is supposed to occur from the creditor, by definition, and the creditor is not in the transaction, and apparently the system doesnt’ want to reveal who the creditor is………..why?

    Why did they have to write TILA, and why did they have to make rescission a remedy? Why are the loans left unconsummated, and why did they take our promise on a note, and why did they make some loand unpayable, and securitize loans and bet against the signer’s ability to make payments?

    The more questions I ask, the more I am certain they know what they are doing and are spending a lot of time trying to keep us from finding out, and it’s our right to know what has happened to us, and the only way to know is to demand to back out of the transaction that we did not agree to be a party to.

    I’m rambling, I just didn’t know it could be worse that initially though.

    Just when I think I heard it all………..
    That’s why I know nothing.
    Everytime I think I know something, I find out I know no thing.

    I do not give legal advice.
    I do not know legal things.
    If we had a legal system maybe I could learn legal things, but I sure know fraud when I see it.
    I don’t know all fraud, but I know fraud when I see it.

    Trespass Unwanted, Creator, Corporeal, Life, Free, Independent, State, In Jure Proprio, Jure Divino

  7. TU that is Carol Keihn. She is on Blogtalkradio/zcakes now and has been discussing fraud on the court.

    Also, if anyone in Florida needs awesome representation call Richard Kalinoski @ 407-492-3067. I was referred to him by Dave Kreiger at Clouded Titles. He takes cases (including Appealant level) throughout the state and yes he is affordable. If anyone would like to ask me questions about him just post your email and I will respond. I have been in this since 09 and had 2 other lawyers before him so I finally know what great representation is. He accepted me in February and I am amazed what he has already done for my case and yes I am still in my home.

  8. Correction:
    Two moms on a burough

    First time i heard her report is May 16 2014 was on
    2014 rule of law
    05-16-2014 episode

    Trespass Unwanted, Creator, Corporeal, Life

  9. Very Nice TU… You are on target!

  10. David Belanger, you asked
    came out of there bank to my closing attorneys bank account.

    now the questions. the money came in on 14 nov 2005, this was refi/cash out. it was drown from closing attorney account and check.
    on same day, 14 nov 2005, the mortgage was recorded in the land records. who should be the mortgage holder to be name in records??

    who should of given us all tila,respa disclosures?
    who should i have been paying the mortgage to??

    From reading so far. In this section all the questions, the answer is the attorney.
    (You may think the funding was from deusch to you but the Atty received the funding and is part of the transaction in a terrible way is my best guess.

    The note shouldd not exist. The Atty knows it.
    After it is signed a security instrument is created and both the note and security instrument should not exist at the same time.
    One reason is, if its not destroyed a security instrument can be created from it.
    If its not destroyed a security instrument can be created from it
    If it is not destroyed a security instrument can be created from it
    ( I can keep going)

    My guess is the file is destroyed to try to prevent the (opinioned financial crime) from being traced back to his office, but the rest of that destroyed file is missing a critical piece. The NOTE that should not exist.

    Dude should not be looking at your house or trying to take it except he is the creditor and should not be. Oh the trouble he’s potentially caused for himself by violating his private oath and position in a fiduciary capacity.

    You are clear for a rescission based on what you’ve revealed so far. Your loan was not consummated and you have been paying the wrong entity.

    A woman has a blog talk show called two moms and a burrow or something like that.

    She had a daughter who was going g through a foreclosure and she got all her daughter’s paperwork and saw “problems” she went to the court and was “accidentally” given the judge’s file and she saw that the attorney behind the transaction used her name In deviated forms to purchase other properties in her name. Properties that are not of public record, but owned by the attorney without her knowledge.
    The interest in foreclosing on her daughter was to free up the property the attorney had obtained using her daughter’s identity.

    I haven’t read the remaining but if you can hear that woman describe the fraud it shocks the conscience.

    Judges don’t need us to tell them how to do their job. They are the first to know about competence and incompetence.
    People feeding the ‘we have to teach them are feeding us BS’.
    Pretend to be the enemy to do control the opposition. We would not be opposition if they did not go to war with us by stealing our property to bide their crimes.

    You’d be surprised how our credit is used without our permission.
    With a rescission all of those securities have to come back.
    Right now everyone thinks there is only one.

    Your rescission will prove otherwise.
    Let’s hope they are ready with those camps as people start rescinding and bringing all of this to light.

    On the good side, you having the note means he can’t use your signature and credit for any more property transactions.

    I know nothing.
    I don’t know legal things.

    Trespass Unwanted, Creator, Corporeal, Life, Free, Independent, State, In Jure Proprio, Jure Divino

  11. trespass, have a question for you.

    originator-gmac mortgage corp-nov-8-2005, sign note,mortgage, same day, nov,8 2005, note sign over to deush bank and trust company americas , sign without recourse. now the note is sign and dated, not a stamp.

    now i got that note from closing attorney and he is piss that the secretary gave me the full copy of the file, in so much that he destroyed it the next day, after i ask him not to destroy it.

    i also have the wire transfer fund from bank that funded the mortgage , note, guess who funded it. yup. deusch,bank and trust company americas. came out of there bank to my closing attorneys bank account.

    now the questions. the money came in on 14 nov 2005, this was refi/cash out. it was drown from closing attorney account and check.
    on same day, 14 nov 2005, the mortgage was recorded in the land records. who should be the mortgage holder to be name in records??

    who should of given us all tila,respa disclosures?
    who should i have been paying the mortgage to??

    2 feb 2006- gmac mortgage corp-sells 1027 mortgages to residentual asset mortgage company, again as all psa states, all rights tittle,interst, in said mortgages. , now 23 feb 2006- residenual asset mortgage company sells all 1027 mortgages to , gmacm mortgage trust 2006-j1, then trust sells , security certificates in a gmacm mortgage certificates trust 2006-j1, closing date of 27 march 2006.

    NOW – gmac mortgage corp-was eaten up/merged with gmac mortgage llc, in may -2006, so gmac mortgage corp is gone, ??
    as of 2000 all business trans action is to be in the name of gmac/residentual. got that from sec of state office, anyways .
    as of 2008 gmac mortgage llc, alli bank, gmac mortgage corp, say they charge off 22 billion in mortgages.

    may 2012-alli puts all residenual /and assocates, 65 of them go’s into bk, protection.

    NOW- first assignment of mortgage get put on registry of deeds, comes from mers to wells fargo as trustee of trust, from gmac mortgage corp, vp-hum a dead company comes alive. hahahah
    BUT – the funny thing is they did assignment in august of 2012, 4 months into bk. and gmac mortgage corp, was not in business in 2012 as they were eaten up by gmac mortgage ,llc, and in 2008 gmac mortgage ,llc was eaten up by alli bank, and so on.

    but the question is . how could the dead come alive and sign as for gmac mortgage corp, to assign the mortgage to wells fargo as trustee, and remember, now , gmac mortgage corp sold mortgage s to residnual asset in 2006, and then residenual sold it to trust. and so so so

    well to much info. sorry, just a little , well what you think

  12. David Belanger,
    That mortgage may have attachments like a beneficiary who is to be paid when the property is sold or an HOA attached that still enforce the covenants on the property regardless of who is in it, family, renters, etc.

    As for theft of property, that is an injury with a victim with a corporeal body, who is entitled to remedy.

    Trespass Unwanted, Creator, Corporeal, Free, In Jure Proprio, Jure Divino

  13. Dulpec. . the way I see it is this….
    That pretender lender harmed the creditor and the homeowner.

    Now a homeowner who reinstated or redeemed finds themself with multiple claims. The law is clear if you pay the wrong party the true creditor is entitled to be paid.

  14. What people need is a real trial attorney. Most BI ones are light weights who have never tried anything. Heavy hitters won’t touch foreclosure defense unless that’s what they handle day in, day out like the Mark Stopas of this world.

  15. Unjust enrichment indeed, when a pretend lender showed up in court with fake documents and is allowed to confiscate your home.

  16. This post is an interesting take. Check out your personal injury lawyer to make sure he/she has actual litigation experience in related fields. I have seen personal injury lawyers who only look for a payday for themselves and take the client’s money when they win.

  17. I have seen bad Apples in both bushels.

    The idea the true investors and the taxpayers take the losses because both bad apples want unjust enrichment.


  18. @Shadowcat, even when you in agreement with Neil Garfield, who had done more for homeowners than you and Rock can lay claim to, you still have to take cheap shots at homeowners(free house) who did nothing wrong except to believe what the predators told them at closing. How about all the free houses these predators have stolen over the past 7 years. Why are insulting homeowners here ?

  19. Yes another one I agree with 100% !!!….However finding one to take the case, is the very very hard part (at least up to this point in the fraud, perhaps that will change soon ???)

  20. I prefer a lawfirm experienced in personal injury, Estates, Titles and Contract Law.

    Most people have no idea of the injuries caused to them.

    The banksters count on that fact!
    The banksters will do anything to avoid those liabilities.

    To many people are so hung up on a free house to avoid their own responsibility that they can’t see through the fog.

  21. Using personal injury attorneys; finally Mr Garfield has written something I can agree with.

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