Message to Lawyers and Homeowners: If you think you can’t win, you are wrong. If you think you shouldn’t win, you are wrong.
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One of the many things that irks me is how the banks are getting good press for reducing the number of foreclosures, as though that was an accomplishment. The fact is that they should not have been able to foreclose in the first place. Existing law mandates that we deny foreclosure on any loan that was subject to claims of securitization both for technical reasons — and because the process of sale under those foreclosures went to players who were booking the proceeds as revenue and so they were not turning over any money to anyone who had paid value for the debt.
That is why an industry that created and wrote all of the forms, documents and laws governing banking and lending had to resort to the creation of fake forms and documents to invoke the use of laws that the real facts don’t fit.
Patrick Giunta is a well-respected lawyer in South Florida whose general practice has put him on all ends of virtually any transaction you can think about, especially residential loans. I’ve worked with him on and off for years and while we have had our vigorous discussions I have always admired his tenacity, wit, and ability to see things from all sides. Most of all I admire him for winning.
He wins because he thinks he should, and that I think is the key difference between lawyers like Patrick Giunta and lawyers who consistently lose defending homeowners in foreclosure cases.
Law Offices of Patrick Giunta, P.A.
954-406-2649
800-655-9828
Filed under: foreclosure |
Neil – you are getting closer and closer to “pinning” it all down to the truth. The “press” has not helped. Please note that is not just about “consideration.” If this was a refinance, which most crisis loans were, nothing was paid off by the borrower at refinance. It is more than just showing no consideration — it must be shown that PRIOR loan was paid off by the BORROWER. This cannot be shown. “Paid Out” is not the same as “Paid Off.” This can spill over to even “new purchases” by prior owner history. .
Patrick should win because he knows this. Best to Patrick – there should be many more like Patrick. Wish you the best in tonight’s broadcast.
I am dealing with heavy personal issues (not related to all this). Been here – posting for at least ten years. Note – I have never been in default, and have proof of same. It does not matter. Internally, no matter what is recorded in county, I am INTERNALLY recorded in default – which remains PERMANENT – because “payoff” by me never occurred despite a “refinance.” This is something the government does not want to admit.
Thank you, despite what I am personally dealing with, I remain in complete support to foreclosure victims. And – you are victims. Somehow Neil’s blog gives me some “peace.” There are hardships we can’t control, and those we can control.
Follow Neil — I have no affiliation. What he knows is correct Just expand a little Neil – trace what happened to money that was supposed to pay off the prior loan. You will find – it was never paid off by the borrower despite a so-called “refinance.” Thank you again.