Retainer Agreements Cast Doubt on Whether Law Firms Are Advocates or Are One of the Real Parties in Interest

What changes do you think are necessary in the Federal Truth in Lending Act, FDCPA, RESPA and SEC regulations?

Email your comments to neilfgarfield@hotmail.com

see 501851_2018_Nationstar_Mortgage_L_v_Nationstar_Mortgage_L_EXHIBIT_S__17-1

I completely get how there is immunity for lawyers advocating even bad positions for their clients. Anything less would chill access to the courts. No arguments here.

But when you read the above linked agreement, it seems to me that the law firm has crossed the line from advocate to interested party. The warranties and guarantees are all in reverse for what you would ordinarily expect.

Assume that the claimant is fake and so is the claim. If the claim is foreclosure then success means that a fake claimant is forcing the sale of property and keeping the proceeds. And I say that the people and entities assisting in that effort should not be protected by any immunity or privilege.

In short, if the lawyer is in it for the money and knows there is no claim, then any effort he or she makes is in furtherance of a fraudulent scheme in which the lawyer is one of the beneficiaries. Why should that be protected by any immunity?

I think the current interpretation of litigation immunity is being abused by stockbrokers on Wall Street who call themselves “banks” or “investment banks.”

Just like they do with “originators” who are nothing but shields against Federal and state lending laws, they are hiring lawyers through various conduits who call themselves “Servicers” to sell a nonexistent claim and get an award for defrauding the court, the borrower and even the lawyer representing the borrower.

What do you think?

This the first part of a series that will be devoted to changes that are needed in Federal and State lending, collection and servicing laws.

 

9 Responses

  1. Note: Troutman Sanders herein, foreclosure of Gilbert…

    GS 25-3-309”. Emerald Portfolio LLC v. Outer Banks/Kinnakeet Associates, LLC (COA16-31; Sept. 6, 2016) and Wells Fargo Bank, N.A. v. Franklin 7:15-cv-01701-KMK, (S. Dist. Ct of NY 2016). https://www.troutman.com/insights/north-carolina-court-of-appeals-invalidates-foreclosure-despite-finding-of-valid-debt-in-default.html In re Foreclosure of Gilbert, No. COA10-361; Cortlandt St. Recovery Corp. v. Hellas Telecom., S.à.r.l., 2016 NY Slip Op. 06051.
    In the case of Cortlandt makes clear that even a valid power of attorney permitting another to conduct litigation on behalf of others as their attorney-in-fact is not a valid assignment and does not confer a legal title to the claims it brings Cortlandt Street Recovery Corp. v. Deutsche Bank AG, London Branch, No. 12 Civ. 9351 (JPO), 2013 WL 3762882, 2013 US Dist. LEXIS 100741 (S.D.N.Y. July 18, 2013) (the “SDNY Action”)

    “when the mortgagee acquires legal title to the subject property by way of foreclosure, the mortgage lien merges with the legal title, and the lien is extinguished as a matter of law”. 

  2. What I do have is: payments I made were never applied from day one. Notes on the original paperwork from December 2006, handwritten in blue are etched on the wiring instruction page….closing was 27 February 2007. Closing paperwork has numerous dates e.g. 2000, 2005, 2006 and 2009. Scriveners affidavit swears and states loan was in 2000. Income is on a separate piece of paper. In 2009 after a completed foreclosure is a “proposed” modification indemnifying everyone but the janitor, by Ocwen, with a different amount of money owed, using the CSMC Trust-US Bank, with a lost assignment-note affidavit, then a certified copy of the note, they say they cannot find, what? Paperwork has MERS, US Bank as the owner-purchaser, GMAC as servicer, SPS, New Century Mortgage Corporation, when NCMC merged in 2008 as The New Century Liquidating Trust, attorney in fact Ocwen, assigns to US Bank as trustee the note 03 August 2012, (NCMC in bankruptcy), etc…yes, the story is convoluted, twists, turns, one affidavit contradicts the other…and in the end in 2018 a “blue ink” note shows up after a three year special proceeding that has been delayed off the 2015 filing. The Rules have not just been bent, but completely ignored. Part of the problem, I see, is the magistrate and her scant review of the record. Further, I have seen no judge question the defendants. Prima Facie evidence leans very strongly in my favor, yet even with their own documents showing things cannot be the way they are presented, the judges ignore this.

  3. Poppy- yours is a convoluted saga full
    Of twists and turns, I admire your perseverance.
    You were w NC if I recall correctly. Did you have any double finding of your mortgage note?
    I had my note funded at 9:57 am with a 12k payout to borrower and then at 3:48 it went they again with a 34k payout to borrower. That was in 2000 or 2001. We got the 12k. Never found out who got the 34k.

  4. Every state should be a judicial foreclosure. The time is long past for non-judicial cases…the cheating is allowed. And folks judges have bonds, check it, there may be something there. No way experienced judges don’t know…sanction the lawyers and law firms. In addition to what Summer stated. Lying, perjuring cheats are pervasive.

  5. Why we need any changes in the existing laws is nobody is following them during last 20 years?

    New changes will not make any difference.

    Impose serious jail time on HUD and SEC executives and Judges – and foreclosures problem will be solved.

    I do not even blame banks.

    Banks merely use the opportunity to steal provided them by the Government ; “Regulators” who do not regulate anything; and Judiciary who readily break all possible laws with total impunity.

    Remove impunity from judges – and they will less willing to break existing laws.

    Keep Judges immune – they will continue to break laws.

    Why we need changes which will cost billions to “Legislators”?

    Force Judges to comply with existing laws or demand them to leave the bench.

    I propose mandatory Jury Trials for all cases where banks and corporations involved against average people

    Without any Judges, please.

  6. Neil, I can tell you emphatically, I have a cases which I used in my appeal that show the same law firm suing me in foreclosure, Troutman Sanders, that won for the plaintiff-homeowner against the “alleged” lender. Using possession, standing and improper assignments. They know-knew about the fraud, deception and counterfeit documents. And the same law firm just sued and won against the same lawyer-law firm in my 2011 case, Ocwen v. Hunoval Law Firm (2019), D. Kyle Deak and Danielle Greco.. with VA Loans, over $125,000 judgment against him. These lawyers know what they do.

  7. Neil- the first sentence under “professional standards” as to abiding by all laws……. “. The law firm, unless they are completely in the dark, have already committed fraud on the court.

  8. Return Senny Nunez money right away.

  9. Oh brother! In place, the highest ethical and legal standards. Not

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