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Lawyers to check out: No Guarantees, but we have information that these attorneys are knowledgeable in the defense of foreclosure cases and capable litigators who can defend the property and perhaps even gain the advantage through quiet title or other tactics and strategies discussed here. Many of them have been to one of our Lawyers Workshops and/or have a copy of our Lawyers Workshop Handbook, but you need to talk with them directly as it always important that your lawyers understands what your objectives are and the facts surrounding your particular set of circumstances. Bear in mind that Lawyers have families to feed and mortgages to pay so you should expect to pay for professional service. How different lawyers approach a case and their fees or billing approach is up to them.
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FEDERAL COURT DEPOSITION STRATEGIES….from a scholarly article:
Depositions under Rule 30(b)(6)
Federal Rule of Civil Procedure 30(a)(1) allows a party to depose “any person, including a party.” The deponent can be a natural person, a public or private corporation, a partnership, or a government agency. Rule 30(b)(6) provides the mechanism to take the deposition of a business entity by naming the entity as the deponent. The rule requires the deposition notice to identify “with reasonable particularity” specific topics on which the party wishes to examine the entity. The named organization must then “designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf.”
The designated witness must be prepared to testify “as to matters known or reasonably available to the organization” regarding the topics described in the deposition notice. Depending on the number and nature of the identified topics, an entity may designate more than one representative to provide the necessary testimony on the company’s behalf. A 30(b)(6) designee may be asked questions outside the scope of the noticed deposition topics, but counsel for the corporation should clearly delineate when the witness is answering questions outside the scope of those topics by objecting that any answers to such questions are not binding on the entity.
Corporation Designated the Wrong Representative?
In the case of my feuding parties, the defendant had prepared and presented a witness to testify on the topics identified in the plaintiff’s Rule 30(b)(6) deposition notice. After the deposition commenced, however, the plaintiff believed that the corporation had identified the wrong person as its 30(b)(6) designee. The plaintiff argued that there were other personnel at the company who had more personal knowledge of the deposition topics because they had been directly involved in managing the business groups that were at issue in the litigation. These individuals, counsel argued, were more knowledgeable on the deposition topics than the witness the defendant had designated to testify on the corporation’s behalf.
The plaintiff wanted the court to order additional depositions of persons with more personal knowledge of the topics to testify as 30(b)(6) corporate designees. Not surprisingly, the corporate defendant strongly opposed any effort to require it to present different witnesses to testify on its behalf. The dispute went to the heart of what Rule 30(b)(6) requires and highlighted an important aspect of the rule that parties sometimes do not fully appreciate, or just plain misunderstand.
Corporation’s Duty under Rule 30(b)(6)
Nothing in Rule 30(b)(6) requires an entity to designate as its witness the individual who is “most knowledgeable” about the noticed topics. In fact, a designee need not have any personal knowledge about the noticed topics at all. Rather, because it is the company’s knowledge and information that is memorialized under oath in the deposition, it is that entity’s duty to educate and prepare its witness to answer fully questions on the noticed topics with the information “known or reasonably available” to the company. The rule even specifically allows a business entity to designate “other persons who consent to testify on its behalf.” As a practical matter, sometimes the person with the “most knowledge” on the noticed topics is no longer employed by the company or may even be deceased.
When a witness designated by the corporation cannot answer questions on any of the topics specified in the deposition notice, the corporate party must identify a new witness. Moreover, as commonly happens, when the entity no longer employs anyone with knowledge about the designated topics, the entity nevertheless has a duty to prepare a representative using documents, information from former employees, or other sources such that the representative can adequately testify on the entity’s behalf. Most importantly, because it is the entity that is the deponent, the testimony of the Rule 30(b)(6) designee will be deemed admissions by the corporation, and the corporate party is bound by the positions taken by its Rule 30(b)(6) witness. While some courts will allow a corporate party to change a designee’s answer under the procedure in Rule 30(e), others will not allow a representative to materially alter the original answers.
Rule 30(b)(6) Designee Must be Prepared, Not Most Knowledgeable
Under Rule 30(b)(6), an entity must produce a person with knowledge whose testimony will be binding on the company. Thus, it is improper for a corporate party to designate a witness who is little more than the proverbial “potted plant.” This is someone who has no knowledge on the noticed topics, is not prepared to answer on behalf of the entity, repeatedly answers “I don’t know” on issues for which the designee should be prepared to testify, or, worse, gives misleading information. In such cases, the deposing party would have a legitimate (and possibly sanctionable) discovery abuse to bring to the court’s attention.
But the issue that led the parties to call me was not the scope of questioning or whether the designated witness was adequately prepared to testify on the topics in the deposition notice. The deposing party’s complaint was that other persons employed by the defendant had more direct personal knowledge and, on that basis, the court should order the depositions of those “more knowledgeable” individuals as the appropriate 30(b)(6) witnesses. That, however, is not what Rule 30(b)(6) requires.
Here, the deposing party’s objection was simply that the entity defendant had designated the wrong person. The plaintiff did not argue that the designee was unprepared or could not answer fully on the designated topics. It just wanted information from persons with more personal knowledge. But absent any indication of an abuse of the discovery process or the corporation’s failure to fulfill its duties in preparing its designee, there was no basis for the court to step in.
The corporate defendant had no obligation to present the witness with the most personal knowledge—or any personal knowledge. The plaintiff was free to notice depositions of those other persons in their individual capacity as percipient witnesses. But their testimony would be their own and not binding on the company. So the discovery call with the litigants was short and straightforward: The plaintiff had misunderstood the requirements of Rule 30(b)(6) and the deposition resumed.
As with most things, thoughtful and careful preparation by both parties makes all the difference. For the deposing party, when preparing to take a Rule 30(b)(6) deposition, read the rule carefully. Pay particular attention when drafting the description of the topics for the deposition notice. Early in the deposition, ask the designee what he or she did to prepare to testify on behalf of the corporation. Confirm that the designee is indeed prepared on each of the topics.
For the entity responding to a Rule 30(b)(6) deposition notice, read the rule carefully before identifying any designee. Thoroughly review the topics listed in the deposition notice. It is possible more than one witness may need to be prepared in order to provide testimony on all of the topics. Serve written objections to any topics that seem ambiguous or overly broad. If the company no longer employs anyone with knowledge on the given topics, assemble documents and other information to educate an appropriate witness.
For both sides, if you expect the deposition may become contentious, confirm beforehand whether your discovery judge will be available to talk with the parties during the deposition. Even then, more often than not, that quintessential British admonition will apply: “Keep calm and carry on.”
Resources
Fed. R. of Civ. P. 16 and 30.
Rodriguez v. Pataki, 293 F. Supp. 2d 305 (S.D.N.Y. 2003), aff’d, 293 F. Supp. 2d 315 (S.D.N.Y. 2003).
Univ. of Kan. v. Sinks, 565 F. Supp. 2d 1216, 1226 (D. Kan. 2008).
From Consumer Rights Defenders to our NY warriors in litigation:
Compliment of our legal department:
REMEMBER The Courts cannot simply assume, presume or infer standing to foreclose………read on:
General Standing Requirements in Foreclosure Cases
To bring a foreclosure action in NY, plaintiff must own both the mortgage and note at the inception of the action; Deutsche Bank National Trust Company v. Barnett, 88 A.D.3d 636, 931 N.Y.S.2d 630, 2011 WL 4600619 (2d Dep’t 2011)
(“plaintiff has standing where it is the holder or assignee of both the subject mortgage and of the underlying note at the time the action is commenced). Kluge v. Fugazy, 145 A.D.2d 537, 536 N.Y.S.2d 92 (2d Dep’t. 1988) (absent the transfer of the debt (the note), assignment of the mortgage is a nullity); Katz v. Eastville Realty Co., 249 A.D.2d 243, 672 N.Y.S.2d 308 (1st Dep’t. 1998) (legal or equitable interest in mortgage is required to foreclose); see also Federal National
Mortgage Association v. Youkelsone, 303 A.D.2d 546, 755 N.Y.S.2d 730 (2d Dep’t. 2003) (mortgage is merely incident to and collateral security for the debt; assignment of mortgage alone does not pass the debt itself); U.S. Bank, N.A. v. Collymore, 68 A.D.3d 752, 890 N.Y.S.2d 578 (2d Dep’t 2009) (incomplete and conflicting evidence insufficient to establish that MERS effectively transferred the note to plaintiff prior to the commencement of the action).The note and the mortgage are inseparable; the former as essential, the latter as an incident. An
assignment of the note carries the mortgage with it, while an assignment of the latter alone is a nullity.” Carpenter v. Longan, 83 U.S. 271 (1872).
Many of you already know this, but we can assist if you guys need further assistance with litigation work, etc.
Call us today at 818.453.3585…Consumer Rights Defenders between 9-3 M-F PT.
EQUIFAX SUCCESS IN FEDERAL COURT….Breaking News….Aug. 2018…..
Consumer Rights Defenders assisted in a litigated matter which just resulted in a federal court settlement for thousands, for a couple in Louisiana related to the massive data breach in 2017. Let us give you the details with a free consultation by calling 818.453.3585.
From the Help Desk at Consumer Rights Defenders at 818.453.3585
IF you are considering a suit against your bank, consider:
Wrongful foreclosure actions and general defenses to foreclosure proceedings both judicial and non-judicial, may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons:
Incorrect interest rate adjustment
Incorrect tax impound accounts
Misapplied payments
Forbearance agreement which was not adhered to by the servicer
Unnecessary forced place insurance,
Improper accounting for a confirmed chapter 11 or chapter 13
bankruptcy plan.
Breach of contract
Intentional infliction of emotional distress
Negligent infliction of emotional distress
Unfair Business Practices
Give us a call for a free consultation. 818.453.3585.
Calif Homeowner’s Bill of Rights loses some benefits, but….read on then call us at 818.453.3585 for assistance…free consultation. This discussion does not include any federal considerations nor is meant to be legal advise.
____________
On January 1, 2018, certain provisions of the California Homeowner Bill of Rights (“HBOR”) expired. But contrary to what many assumed, the January 1, 2018 expiration date did not apply to all of the HBOR’s provisions, and many provisions have been replaced by new regulations. We’ve prepared the below summary of some of the substantial changes to the law and how they will affect HBOR litigation in the future.
The new HBOR removes many of the distinctions between servicers conducting more/less than 175 annual foreclosures. In most but not all respects, all servicers are treated the same going forward.
Changes in the private right of action/relief.
The HBOR still has a private cause of action, but only for material violations of section 2923.5 (pre-NOD notice requirements), 2923.7 (single point of contact), 2924.11 (dual tracking), and 2924.17 (accuracy of NOD declaration; substantiate right to foreclose).
Injunctive relief is available prior to the recording of a trustee’s deed. After a trustee’s deed is recorded, a servicer may be liable for actual economic damage and the greater of treble or actual damages for material violations that are intentional or reckless. Attorney’s fees are still available if the borrower prevails.
However, mortgage servicers who have engaged in “multiple and repeated uncorrected violations” of section 2924.17 are no longer liable for a $7,500 penalty.
Section 2923.55 is no longer in effect. Instead, section 2923.5 sets forth the pre-NOD contact requirements. The new section is similar to the old section, except that prior to filing a notice of default, the servicer is not required to provide:
The written notice regarding service members.
The statement that the borrower may request a copy of the note, deed of trust, assignment, or payment history.
Section 2923.6 (dual tracking) is replaced by a new version of section 2924.11.
11 prohibits recording a notice of default or conducting a foreclosure sale upon receipt of a “complete application for a foreclosure prevention alternative.” Notably, the old version applied only to loan modification applications, not all foreclosure prevention alternative applications, so the new law is broader.
Also important, the statute does not directly address what happens when a servicer receives last-minute complete loan modification applications. As long as the modification is “complete,” a servicer should probably review it even if submitted the day of the foreclosure sale. It is uncertain how courts will treat these types of last-minute applications, and this is bound to be a ripe area for litigation. It is possible, for example, that courts might find that a servicer can immediately reject the completed application based on internal underwriting guidelines for not allowing sufficient time for review.
11, unlike the prior statute, does not require an appeal period following a written denial. If the borrower does try to appeal though, it is not clear whether the servicer is required to consider the appeal. While the statute does not appear to require it, it’s possible that courts could find a common law duty to review.
11 disposes of 2923.6(g)’s safe harbor for multiple loan modification applications, meaning that a servicer must review multiple applications regardless of whether there has been a change in circumstances. However, because there is no mandatory appeal period, presumably borrowers will not be allowed to submit applications indefinitely. As soon as an application is denied, a foreclosure sale can occur.
Servicers are no longer prohibited from collecting late fees while a loan modification application is under review.
Section 2924(a)(5) expires, meaning that servicers/trustees no longer have to provide written notice to a borrower when a sale is postponed more than 10 business days.
Section 2924.9 expires, meaning that servicers are no longer required to contact borrowers in writing within 5 business days of recording a notice of default to describe possible foreclosure prevention alternatives.
In sum, mortgage servicers with California foreclosures need to adjust their foreclosure process and loss mitigation policies in accordance with the revised statutes. In terms of litigation, these changes are unlikely to impact any current litigation or new lawsuits in the short term, as such cases will likely implicate the pre-January 1, 2018 statute. Moving forward, however, we may see an increase in cases because the new statute extends the dual tracking restrictions to all foreclosure prevention alternatives and does away with the safe harbor for loans that have been previously modified.
Notably, on January 3, 2018, the California Senate introduced a new bill that would largely put the HBOR back to the way it was prior to January 1, 2018.
__________________
Not authored or endorsed by Consumer Rights Defenders and informational only
Breaking News from Consumer Rights Defenders News Desk, May, 2018….
Within the past 2 weeks, two of our battles rendered great results, first in Illinois, an appeal in state court was heard and the homeowner won and had the judgment reversed and remanded, and in doing so, set up a multi million dollar separate action for wrongful foreclosure. The appellate court found that the bank acted without jurisdiction after the state case was removed to federal court! Second, another preliminary injunction was issued in Louisiana, after a state court did the same thing, after a removal. Plus, the borrower settled with a credit reporting defendant in the midst of the foray for several thousand dollars. Congrats to Joe B. and Roger L., two of our customer/clients who now will be suing for wrongful foreclosure! Call us for more details and how we may be able to assist. 818.453.3585, ask for Sara or Steve.
Are YOU IN DEFAULT in your lawsuit?
In most courts a default is petitioned by the plaintiff if the defendant homeowner fails to appear and defend or pursuant to a sanction for bad conduct justifying such. The court holds a hearing, like an OSC, usually in camera, to determine if the default occurred and the sum of the damages, costs etc., justifying the final judgment to be entered.
THE GOOD NEWS IS….If you are in default all is NOT lost, but you must move promptly to set aside or challenge the default or accept the final judgment. We can assist at Consumer Rights Defenders, by calling Sara or Steve at 818.453.3585. We are one of very few organizations facilitating a settlement resulting in a cancellation of the Note and Mortgage and a home being awarded to the borrower. Ask us when you call, today, about the “NY Free and Clear” case from 2017.
We have had some success in NJ if Ms. Vitale would like to call us from NJ. Ask for Steve and for a complementary review. 818.453.3585
Please forward our information to “Valerie Vitale, on August 9, 2017 at 12:50 pm said:”…as we have had some recent success in NJ
From Steve at Consumer Rights Defenders at 818.453.3585
Hi I had two fraud, perjury Judgment entered against me #1- is Divorce
#2- is constraction . this both fraudulent Creditor had file levy an my property June/28/2017 Judge order to sale my property ,I had attorney who represent me did fail to represent me , now ai am looking lawyer to Set aside or vacate wrong judgment ,I do have enough evidence .I do not have email my friend have email if you please call me or text to me thanks 818-471-8414
Hi ! I need help fighting foreclosure.I be spoken to lawyers ,that don’t “get it”. I am where I am through no fault of my own.It may already be past the statute in nj. .I know my stuff was electronically signed.(MERS thing), I doubt anyone knows where my paperwork is. Got another letter.I don’t know where to turn.All everybody wants to do is modify, my credit was destroyed on and on. Where are you located? Do you help people that want to fight ? Please get back to me.Valerie Vitale NJ
From the News Desk: How to find your Note…..
READ BELOW
_____________________
The following information will assist you in searching the Securities and Exchange Commission (SEC) for the alleged trust.
Once you have the name of the trust and a copy of the Assignment (if any), the next move is to research the securitized trust on the Securities and Exchange Commission (SEC) website.
Here is an example of an Assignment of Mortgage with ….
Deutsche Bank National Trust Company, as Trustee of the IndyMac INDX Mortgage Trust 2007-FLX3, Mortgage Pass-Through Series 2007-FLX3 under the Pooling and Servicing Agreement Dated April 1, 2007. This assignment was made 3 years after the trust closed.
Dissected Assignment
The easiest way to find the trust is to open the SEC website [www.sec.gov]; and go to the top right-hand side of the SEC header and Click “More Search Options”.
SEC banner
You’ll find a light blue search box. (1) Click the “● Contains” button and (2) enter the year and trust code, for example: 2007-FLX3; (3) Click the “Find Companies” at the bottom of the blue box. Click HERE to reach the “Search Options” page.
SEC Search Box
Sometimes it will give you a list of Trusts (identified by 6189 code) to choose from and you will match the rest of the information on the Assignment or Letter from the Trustee to that specific Trust. In this instant – the year and the trust code will take you right to the securitized trust – IndyMac INDX Mortgage Trust 2007-FLX3. Below is the picture of the SEC master file for this trust – Click HERE for the SEC Master Trust File.
Master SEC trust data
The entire Trust is worth reading and will give you a better picture of the securitization scheme. You will note hundreds of warning to investors that these trusts are really risky. Starting from the bottom the FWP is an acronym for FREE WRITING PROSPECTUS SUPPLEMENT. In some trusts you will find what they call a “loan tape” where alleged loans are listed, not by name, but by identifiers. In this example, the loan tape is in the FWP as noted above – Click HERE for the loan tape example.
The Pooling and Servicing Agreement (PSA) is sometimes found under the FWPs and in this case it is under the 8K. An easy way to spot the PSA is by the size of the file. It is usually the largest file in the group and that’s a good place to start. Click HERE for the PSA example.
8k PSA
The PSA will provide you with pertinent information as it is the controlling document of the trust. Article One will give you the Definitions. If you have a “Find” control on your computer it makes it easier to search for the Closing Date, the Cut-Off Date, the Governing Law and the Conveyance of Mortgage Loans, which is traditionally located under Article II, 2.01.
Read Article Two “Conveyance of Mortgage Loans” very carefully. It will tell you how and when the mortgage loans were to have sold, assigned, and transferred to the trust.
If the trust is governed under New York law, “Under New York Trust Law, every sale, conveyance or other act of the trust on contravention of the trust is void. EPTL §7-2.4. Therefore, the acceptance of the note and mortgage by the trustee after the date the trust closed, would be void.” See Wells Fargo Bank, N.A. v. Erobobo, 042913 NYMISC, 2013-50675.
SEC cert ORDER CERTIFIED COPIES OF THE TRUST DOCUMENTS FROM THE SEC
Now, after you have located your trust – you can order a “certified” copy from the SEC. It will come with blue ribbons and a gold seal – all dressed up for the Judge.
Click HERE for the Request for Certification and refer to your specific SEC Master Trust File. You can request all of the documents in the trust and the SEC will send you a bill with the documents (make sure you pay it immediately) – even to Hawaii the entire certified trust documents cost $32.
You will primarily want the PSA and the Prospectus.red & black
You are going to order by the FILE/FILM NUMBER. When you order – put the red number / and the black one underneath.
One more thought to consider –
WHISTLEBLOWER
Blow the Whistle if your assignment was made after the Closing Date of the trust. You can file a form and upload your fabricated Assignment of Mortgage.
A whistleblower who knows of possible securities law violations can be among the most powerful weapons in the law enforcement arsenal of the Securities and Exchange Commission. Through their knowledge of the circumstances and individuals involved, whistleblowers can help the Commission identify possible fraud and other violations much earlier than might otherwise have been possible. That allows the Commission to minimize the harm to investors, better preserve the integrity of the United States’ capital markets, and more swiftly hold accountable those responsible for unlawful conduct.
WhistleBlower;
The Commission is authorized by Congress to provide monetary awards to eligible individuals who come forward with high-quality original information that leads to a Commission enforcement action in which over $1,000,000 in sanctions is ordered. The range for awards is between 10% and 30% of the money collected.
+++++++++++++++++
Lets get busy and stop the crooked financial giants with some simple research and lawsuit making!!!
Call CRD today and ask for Steve or Sara.
IN DESPERATE NEED OF SOME LEGAL ADVISE LONG ISLAND NEW YORK. BEEN TAKEN FOR EVERYTHING WE HAVE OR HAD SHOUKD I SAY SINCE 2005 Diary American Home Mortgage Acceptance, 80/20 split then AHMSI, Now Deutsche bank trustee for american home mortgage investment trust 2005-2….and OCWEN, don’t know who to turn to at this point. The pro bono lawyers here will only help if it’s cut and dry and this is definitely not. Can someone suggest a person I can call, this entire situation has caused me so much grief and stress I cannot even explain. My husband wants to walk away and tell them to shivered the house but why should we, they have taken everything we have, even a part of my sanity at this point. NEED AN URGENT FREE CONSULTATION TO SEE IF I EVEN HAVE A LEG TO STAND ON OR IF I SHOULD JUST KNEEL DOWN GIVE UO AND WALK AWAY.
Sincerely,
Deeply Saddened, Naive and confused in LONG Island NY Tpena1225@gmail.com please email me anyone local I can get a free consultation from.
Probate Code sec. 17200. (a) Except as provided in Section 15800, a trustee or beneficiary of a trust may petition the court under this chapter
concerning the internal affairs of the trust or to determine the
existence of the trust.
(b) Proceedings concerning the internal affairs of a trust
include, but are not limited to, proceedings for any of the following
purposes:
(1) Determining questions of construction of a trust instrument.
(2) Determining the existence or nonexistence of any immunity,
power, privilege, duty, or right.
(3) Determining the validity of a trust provision.
(4) Ascertaining beneficiaries and determining to whom property
shall pass or be delivered upon final or partial termination of the
trust, to the extent the determination is not made by the trust
instrument.
(5) Settling the accounts and passing upon the acts of the
trustee, including the exercise of discretionary powers.
(6) Instructing the trustee. ….
Call CRD today for litigation strategies and assistance. Our litigation department is open 9-5 M-F PT. Ask for Sara or Steve. See our webpage at CRDefenders.com Tel: 818.453.3585 or 818.600-8145
We can assist your search in all States except (Va., WI, AZ, NV)… Send us an email:
lowecommunityresourcepartners@live.com
Best to you all.
Dan Moss
Need an attorney in the state of Tennessee who gets it, two unsuccessful attempted foreclosures, and now being sued by pretender lender for breach of contract.
Another Florida Defense Team Victory!!!
Green v JPMorgan Chase 5th DCA – Blank undated indorsement insufficient to establish standing at inception
Civil Cases
Won Loss
9 *1 – Banks failed to notice SJ Hearing
Pending
8
Appeals
Won Lost
1 0
floridadefenseteam@comcast.net
Foreclosure Appeals
Summary Judgment
Non-Final Orders
631-317-0076
Affordable Foreclosure Appeals
Summary Judgments
Non-Final Orders
Most Florida Counties
631-317-0076
Ok I left a purchase order on the computer u can test with… And the small labels are in the machine… Label format #2. Thx
Sent from my iPhone
any attorney group or practice located in MD
I have a huge, very complex case of wrongful foreclosure in West Michigan. I’ve been working on this for 23 mos. and have had it analyed, hand writting experts, affidavits from Register John O’Brien where 5 signers on my assignments (2 on one and 3 on the other) So many violations with proof, facts to back it up. I originally was going to try to defend myself (ourselves,I am married) but I need to make this first move. Our family has lost almost 2 years of living happily and I seriously cannot take it much longer. If anyone can reference an attorney in my state of MI, who is honest, has integrity, and has enough..(cough cough)..to take this on, it should be one of Muskegon County, Michigan’s biggest shake up in a very long time. PLEASE, Don’t be an idiot and fill my inbox with nonsence, I’m looking for someone who seriously wants to help me make one hell of a statement. greeneyes4224@gmail.com Thanks and God bless!
I have a huge, very complex case of wrongful foreclosure. I’ve been working on this for 23 mos. and have had it analyed, hand writting experts, affidavits from Register John O’Brien where 5 signers on my assignments (2 on one and 3 on the other) So many violations with proof, facts to back it up. I originally was going to try to defend myself (ourselves,I am married) but I need to make this first move. Our family has lost almost 2 years of living happily and I seriously cannot take it much longer. If anyone can reference an attorney in my state of MI, who is honest, has integrity, and has enough..(cough cough)..to take this on, it should be one of Muskegon County, Michigan’s biggest shake up in a very long time. PLEASE, Don’t be an idiot and fill my inbox with nonsence, I’m looking for someone who seriously wants to help me make one hell of a statement. greeneyes4224@gmail.com Thanks and God bless!
I need a foreclosure attorney to protect me from the Bank of America/Countrywide. I know full well that the Judges in this are not open to listening and need that attorney not to be afraid and to push as hard as we can even if it goes to the State Supreme Court.
James 410-652-4356
FLORIDA FORECLOSURE FIGHTER ATTORNEY DILLON GRAHAM IS SELECTED AS SUPER LAWYER 2012
Once a year Super Lawyers invites attorneys in each state to nominate the top attorneys that they have observed in action, and this is the first step in the nomination process, putting attorneys on their radar for further research and evaluation. The research staff evaluates candidates on 12 indicators of peer recognition including: professional achievement, verdicts and settlements, transactions, representative clients, experience, honors and awards, special licenses and certifications, their position at their law firm, outstanding achievements and more. Dillon Graham Esq have been selected as Super Lawyer for 2012. Dillon attended April Charney and Max Gardner foreclosure defense seminars .
For more information see the press release link below.
http://www.prlog.org/11898310-dillon-graham-selected-as-2012-super-lawyer.html
Contact him at dillon@grahamlegalpa.com or
Graham Legal, P.A.
Ponce Plaza, Suite 410
814 Ponce de Leon Blvd.
Coral Gables (Miami)
Florida 33134
(305) 445-9185 – Local
(888) 611-9811 – Toll Free
(305) 445-8015 – Fax
Visit my scrib site http://www.scribd.com/winstons2311 to review many foreclosure defenses pleadings and discovery samples. Click on Collection link to see the pleadings, appeal briefs, case law.
Visit http://www.foreclosureprose.com for more foreclosure defense info.
The supreme art of war is to subdue the enemy without fighting.
-Sun Tzu
In Foreclosure ? We Offer Affordable Help So You Can Defeat The Bank and Keep Your Home
Circuit Civil – Writs of Certiorari – Appeals
“The Banks Have No Where To Hide”
Florida Defense Team (631) 317-0076
I am in desperate need of an attorney in Mississippi… Jackson or Harrison County… I have MANY foreclosures (wrongful), and I need an attorney that “gets it.” Please help.
THanks,
Rob
robertrussell77@hotmail.com
Atlanta Attorney that Gets It!
Robert Thompson, Jr. Esq. is a fighter! He is currently going up against some of the largest Banking Institutions in our Nation! Call our Office at (404) 816 0500 to discuss your options. Whether it is an injunction, Quiet Title action, assistance in the loan modification process, or filing for wrongful foreclosure, Robert is the man!
for more info and bio go to: http://www.thomlaw.net
Thanks Garfield!!!
I have been defending myself in foreclosure of my homestead residence , unfortunately the Judge don’t even want to listing me at hearing granting rocket docket judgment against my house.I do desperate looking for attorney (WITH PROVEN RESULTS) to appeal in my case , I found couple fraudulent elements in this case .PLEASE REFERE me to mentioned Attorney ,PALM BEACH COUNTY , FLORIDA
South Florida Foreclosure Defense Attorney who ‘Gets it”: Dillon Graham Esq. 305-445-9185
Free initial consultation. Reasonable fees, payment plans available
http://www.prlog.org/10871686-attorney-dillon-graham-named-as-florida-legal-elite.html
Florida Pro Se Litigants – By the numbers
10 (Months) Before a case is considered abandoned for lack of prosecution
20 (Days) Answer your complaint before a default is entered
22 (Section) Notice of Default and Transfer of Lender is a precondition to filing a foreclosure complaint
57.105/1.510(g) (Sanctions) For filing an affidavit by a robo-signor and then withdrawing
60 (Months) Statute of Limitations to enforce a mortgage (move them to amend their complaint to set the trap)
65 (Dollars an Hour) What a Court Reporter Charges to keep the Judge in line and protect your appeal or writ of cert
400 (Dollars) (temporary) filing fee to overturn a lower courts bad ruling
1,900 (Dollars) What many Florida Courts Charge for a Counterclaim: Reason: Counterclaim Trial with Jury is heard before Summary Judgment thereby blocking lower courts from quick disposal
I had my mortgage foreclosed and discovered the robo signed assignments and brought it up at hearing.. the judge would not listen to me and issued the SJ. I found an attorney after who was fighting the SJ , he died before any defense could be presented. I hired a new atty who has done very little, taken NOT ONE pro active step. i cannot get the office to respond to emails or calls but they do keep debiting my monthly fee. Is there an atty in FL who will take this case on. I have a long affidavit attesting to fraud – help – I need an attorney to actively represent me.
Marco,
Call each atttorneys on this link and ask questions until you find one that gets it. Call Mark Stopa Matt Weidner, or Richard Shuster, Mike Wasylick or Peter Ticktin.
http://www.google.com/#hl=en&cp=39&gs_id=4l&xhr=t&q=foreclosure+defense+attorney+pan+handle&pf=p&sclient=psy-ab&source=hp&pbx=1&oq=foreclosure+defense+attorney+pan+handle&aq=f&aqi=&aql=&gs_sm=&gs_upl=&bav=on.2,or.r_gc.r_pw.,cf.osb&fp=2f530ebf24b03457&biw=1249&bih=568
Any attorneys that get it in the Florida Panhandle?
born2beach@gmail.com
I have a bankruptcy attorney who needs attorneys who can be subcontracted the “Adversary” motions that challenge the foreclosure, attorneys who can challenge the standing of the mortgage servicer in Los Angeles bankruptcy court, attorneys who understand and can challenge the securitization and forensics, the robosigning.
He has plenty of referral work for you, much more if you can do it on contingency.
How to Find a Competent Foreclosure Defense Attorney
If you can afford an attorney, it is advisable to hire one to defend your foreclosure. The big “if” of course is affordability. Having said that, we should keep in mind that all attorneys are not created equal. An incompetent attorney can cost you money and your case; there are enough of them to be wary. Here is some advice in finding a good foreclosure defense attorney.
Once the initial foreclosure complaint is filed by the plaintiff, your name and address will become public record and will be available for mass mailing. You will certainly receive numerous solicitations from local attorneys. Armed with the solicitation letters, go to your county clerk web site and do a party search on some of the attorneys on your list. Some counties’ system allows you to do searches by parties; some systems do have that functionality. Once you’re able to pull a list of cases with the attorney as a defense counsel, check the docket entries. Has the attorney been fighting vigorously for his/her clients?
By reviewing a few cases, you can determine how good an attorney is.
Has he files any pre-answer motions?
Has he filed any affirmative defenses and counter –claims?
Was he persistent in his discovery method?
What is his win/lose ratio?
If you want more information beyond dockets review, go to the court house and request to see the files you’re interested in. Read the pleadings filed by the attorney. You can even make copies to take home. Once you feel comfortable with an attorney’s competence, then you should make the jump. There is no guaranty, but at least you made an educated guess
Courtesy of http://www.foreclosureprose.com
Kimberli- check your courthouse docs for the sale price/transfer tax, you said you ” short saled the house”, find out from the courthouse if the funds were wired, what the wire # is and backtrack. See who is listed as the new “owner” of record, and if they were a party with whom you dealt during your “short sale”. This will give you a start. Was MERS on your mortgage? Go the the Investor ID section of merscorp website, punch in the 18 digit MIN #, see at least who is/was listed as the investor.
If the above doesn’t help, maybe an atty can get the term reduced from 56 years down to 50. That way you’ll have the debt retired before you hit 100. (just kidding)
South Florida Foreclosure Defense Attorney who ‘Gets it”: Dillon Graham Esq. 305-445-9185
Free initial consultation. Reasonable fees, payment plans available
http://www.prlog.org/10871686-attorney-dillon-graham-named-as-florida-legal-elite.html
I am dying to get a microphone in my hand, I think the NO WAY DAY concept is starting to sink in. The question was asked, what is their
issue. Number one is, why the hell don’t you take the new stimulus
{what a joke} and use it to stop the deterioration of the country by keeping citizens in their homes. Remember that word CITIZENS?
This citizen is going to court, finally, on Wed Oct 19th at 11;00 a.m.
This will not stop until we say No Way, you cannot rob our homes
from us, you cannot put us out in the street, you cannot turn our citizens into third world country living, you cannot do this anymore.
They can get it all they want. But the courts seem to turn a blind eye. The only thing they see is you want free house. WHo care about if the laws of California are broken,inproper chain of title, biforcated note and basic standing or non staning of the of the forclosing party. The court do not seem to. For the most case the courts fed and state alike just do not care. They wll not allow to get to discovery and without that factor in your case you might as well go stand in of a bulldoser because ultimatly it is over. DIssmised with predijust.
Any one know a good lawyer in Riverside County that is passionate for this cause and does not just want a BK? I already filed BK 3 years ago due to a biz situation so want someone that gets it more than I do. I have been following this site since 2009.
Anyone in the Tampa Bay area who has been “wrongfully foreclosed” on please reply to this post. Looking for others in the area.
Countrywide Admits to Not Conveying Notes to Mortgage Securitization Trusts!
Testimony in a New Jersey bankruptcy court case provides proof of the scenario we’ve depicted on this blog since September, namely, that subprime originators, starting sometime in the 2004-2005 timeframe, if not earlier, stopped conveying notes (the borrower IOU) to mortgage securitization trusts as stipulated in the pooling and servicing agreement.
We’ve know all along the corruption ran deep. Why have the judges waited years to have their own integrity restoration when every last one of them understood from day one the issue is “standing” where there is little evidence of note ownership? It is absolutely inexplicable, but certainly troubles even the simple citizen who is being hammered by the foreclosure process. How do elected/appointed judges get away with this? A lack of public outcry and action, that’s why in a nutshell. Lawyers can only do so much….and if they hoot too loudly their regulatory agencies [the bar] tries to threaten their licenses claiming they are interfering with the administration of justice and being “disrespectful of the courts.” In California, media reports and insiders tell of the state bar refusing to take complaints about the lack of lawyers available to defend against the banks. The state bars nationwide seem not to care about protecting the public as they profess, but protecting the banks who are the offenders. Lawyers are frightened of their own regulatory agencies and have stopped representing folks in foreclosure defense matters.
It has gotten ugly. Some suggested on this blog that all the judges siding with banks be complained about to state investigative commissions.They call these boards [in Calif, anyway] Commission on Judicial Performance.The commissions are funded by pubic tax dollars and MUST listen to your formal written complaints. Recall elections may not be available or do much good. Complaining to an oversight agency, may.
Your home is all you have left and if the courts don’t care, the public must complain loudly. It may be the only last line of attack on corruption since most in pro se’s and litigants cannot afford to file expensive appeals. Sadly, it may be too late for some, but not for those yet to file their defensive actions in their local courts. Complain about the judges NOT FOLLOWING THE LAW! They have judicial canons that call for their discipline and removal if they do not.
any foreclosure defense attorneys in Louisiana? I have forensic audit, irregularities regarding chain of title, allonges, signatures etc.
would appreciate any help.
Need a lawyer who gets it for Ohio (southern region)
my email is dryprocincy@gmail.com
Thank you,
Jeff
Gentlemen,
If you don’t file a counterclaim for your client you have just removed the single best weapon in your arsenal. Nothing will crush your opponent’s case faster than staying their litigation while the possibility of their fraud will soon be displayed in front of a Jury. Lender friendly Judge? No worries – DCA’s have certiorari juridiction to injunct your case with 40+ years of case law. Stop telling your clients the best they can hope for is some added time and do your homework.
We scored two major victories in St. Louis today:
1. In our Fannie Mae case (the one with the video we posted), we got a judge to DENY their Motion for Summary Judgment on an Unlawful Detainer case. This seems like a no-brainer, since we have a video of the sale showing another entity buying it, but Missouri law is very strict on these, and most judges have been very conservative in their rulings. But we got a winner today, and I will be very interested to see what they do with this.
2. We also stopped Boyd Law Group from foreclosing on a home in St. Louis. We used a TRO, and have an injunction hearing scheduled for August 31. I have phone conversations where they admit that the “client” is the one determining whether the sale goes on, robosigners (from 6-2011!) and a big problem with their note. This will be an interesting case, as I intend to ask for class certification to stop all such foreclosures.
Please call me at 877-945-3952 and visit me at: http://www.foreclosurelawllc.com. Dale Wiley
I urgently need for Foreclosure Defense attorney That gets it In Tallahassee Fla. plz help contact me atlz71@yahoo.com
Why would the opposing lawyer call mine and say “she is off the mortgage note”.
Background:
Trying to enforce marriage settlement agreement.
(1)
She wants me to sell the house (at a loss of 50%).
(2)
I want her to pay (Appendix A) the funds due to me. (the money to be used to refiance the house).
Clearly, her father, a real estate agent for over 20 years, knows that while you can remove a name from the mortgage, you can not remove a name from the promisary note without refinancing.
So what game is her lawyer up to?
WE HAVE THE “FIRST” WIN IN MICHIGAN:
‘Vacation of FORECLOSURE’…
WE CAN HELP IN ANY STATE!!!
We have a few more WINS due soon… We just had to cut the DEAD-WEIGHT of under-handed attorney’s (plural), we were working with. With that said, WE ARE COCKED, LOCKED and ready to ROCK. The Banks (BOA, USB, ABN, Fannie and MERs + a few more) already know what WE can do because, we’ve done it…
LET US HELP YOU KEEP YOUR HOME and not dance around in Court for the next 2 years. We do not go for the quick fixes. We go for the BIG WINS.
We are currently working Cases in:
MICHIGAN
ILLINOIS
GEORGIA
TEXAS
NORTH CAROLINA
FLORIDA
WASHINGTON STATE
NEW JERSEY
ARKANSAS
CALIFORNIA
SOUTH CAROLINA
ALABAMA
OHIO
WISCONCIN
NEVADA…
and
NOW, We’re waiting for YOU… 🙂
DID I MENTION THAT, WE HAVE WINS and great *NEW* team of Attorneys.
Good night and May the Lord bless you, ALL.
Shoot Dan an email @:
lowecommunityresourcepartners@live.com
Foreclosures should be made illegal, stopped now…..Mills shut down,
lobbyists illegal. Homes renegotiated at the price they are worth and with a 3 or 4 per cent interest rate, If a buyer cannot do that,,,,,,,THEN
AND ONLY THEN should homes be foreclosed and resold. Give the
American public a chance. You want to help balance the budget, are
the Senators and Congressman still in line for their pensions? Eliminate them, put them in the same position we are. We lost all our
401k money on their schemes with these false triple A hedge funds.
How come no one is in jail, or being prosecuted for RICO. The country is going to come to an end again. Just like it did when they needed the
TARP money for their shorts. We have been scamed people and the
problem is the only way to make money is to go along with it. I say no,
L ets
First, you get a lawyer that works for you and not the mills, this is so
disgusting, If anyone out there has not seen the Documentary INSIDE JOB narrated by Matt Damons, you need to and quickly. It explains
everything from start to finish and how they are continuing to make
money by making the public feel they have not legal recourse. I am
not moving, I will take this to the supreme court. How can you take a
home away in bankruptcy before the stay is lifted. Well, Fannie Mae
can, and has been doing it to all the people who think they have no
recourse. When you see this movie, you will understand
bank
Hey thanks so much for all the info!!
Please send over the list for Colorado!! I appreciate it!
Mark Stopa Esq. – Who needs an Attorney or Co-Counsel for Trial ?
Posted on June 21, 2011 by Mark Stopa
I’ve been doing this foreclosure defense thing pretty hot and heavy for a few years now. As a result, I think I know the industry pretty well. Generally speaking, nothing really surprises me any more. I know what the banks are doing, I know what their lawyers are doing, and I know what other defense lawyers are doing. Perhaps most importantly, I know what other defense lawyers are NOT doing.
There are a lot of lawyers dabbling in foreclosure defense who are unwilling or unable to go to trial in a foreclosure case. That’s not meant as an insult. In fact, I think many would admit their unwillingness/inability to go to trial. For a variety of reasons (the perception they can’t win, lack of trial experience, whatever), many lawyers handling foreclosure cases just don’t feel comfortable going to trial. In recent days, I’ve talked to a few different court personnel (judges, judicial assistants, and case managers) who have echoed this sentiment.
Candidly, I’m disappointed with this. In my view, trial is an essential part of a foreclosure case. In fact, a lot of my strategy hinges on forcing the bank to go to trial. In its simplest form, that’s what foreclosure defense is – work to defeat the bank’s motion for summary judgment and force them to win the case at trial. Many times, as we’ve seen, banks don’t want to have to go to trial, so this creates leverage for a prospective resolution. Hence, fearing a trial means giving up leverage for a prospective resolution or, worse yet, creating an easier path for the bank to foreclose.
So what’s my point here? Simple. I don’t want to pound on my own chest, but I am perfectly comfortable going to trial in a foreclosure case. I understand the evidentiary issues, I’m comfortable with the arguments, and I’m more than willing to do it. Yes, I realize I’m going to lose some foreclosure trials, perhaps (if the banks’ lawyers wisen up and learn how to try their cases) the majority of them. But the foreclosure system needs lawyers who are willing to try cases, particularly since, if you know what you’re doing, it’s entirely possible for homeowners to win at trial. So if you’re a lawyer who is unwilling/unable to take a case to trial, then feel free to talk to me about acting as co-counsel. Or if you’re a homeowner without an attorney staring at a trial date, don’t give up! I’ll be happy to go to trial on your behalf. And it’s probably less expensive than you think – since the arguments are similar from case to case, I won’t have to re-invent the wheel each time.
So give me a call – you have nothing to lose, except your foreclosure case.
(Hat tip to Matt Weidner, who discussed this concept with me recently and correctly noted the need for lawyers such as he and I to try cases.)
Mark Stopa
http://www.stayinmyhome.com
South Florida experienced Foreclosure Defense Attorney D. Graham 305-445-9185.
Free first consultation.
Dillon Graham Esq. of Graham Legal has won the distinction of being listed in Florida Trend’s Florida Legal Elite 2010, a distinction only 1.8% of active and practicing lawyers in Florida achieve
http://www.prlog.org/10871686-attorney-dillon-graham-named-as-florida-legal-elite.html
http://www.foreclosurelawmiami.com/Attorney-Profile.aspx
**** JUST IN ****
***** BREAKING NEWS *****
Florida pulls plug on rocket-docket foreclosure courts
http://money.cnn.com/2011/05/24/news/economy/florida_foreclosure/?section=money_latest
I am looking for an attorney who works in the area of foreclosure defense. If you know of a good one please send me an email. Thanks! – – – – Mike
mikegp44@cox.net
Are you looking for an Attorney in Texas that is ready to stand up to the banks and fight for your rights!?!
William Nolen & Associates, PLLC is a full-service firm fighting for homeowners against the “Pretender Lenders” in North Texas.
CALL US TODAY AND WE’LL GET YOUR CASE HANDLED IMMEDIATELY!!!!
MA-RI-CT HOMEOWNERS! FIND OUT ABOUT GEORGE BABCOCK RECLAIMING AMERICA ONE YARD AT A TIME. MA.& RI & CT.IF YOUR HOME HAS BEEN FORECLOSED ON CALL US WE WILL MAKE IT RIGHT FOR YOU. WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C. CALL KIM THOMAS OR GEORGE BABCOCK AT 401-724-1904 FOR A FREE CONSULTATION.OVER 500 CASES WITH EVERYONE IN THEIR HOME.
Mark Stopa Esq. Florida “Gets It”
Preparing for Trial In a Foreclosure Case
Posted on May 11, 2011 by Mark Stopa http://www.stayinmyhome.com
I have a trial tomorrow in a foreclosure case. It’s in Lee County, of course – the county where the judges prosecute cases by setting trials sua sponte. Right now, I’m earnestly preparing for trial, but I thought I’d take a break to discuss the two issues are paramount in virtually every foreclosure case/trial. Depending on the facts of a particular case, there may be other issues, of course, but these two issues are critical to a Plaintiff’s ability to win at trial and should, in my view, be vigorously defended in virtually every case:
1. Introducing the Note into evidence.
2. Proving the homeowner’s default in payments and the amount owed.
Re. the former, we all know the Plaintiff must introduce the original Note into evidence, failing which a foreclosure judgment cannot lawfully be entered. The fact that a Note is “self-authenticating” makes this seem like a low hurdle – the Plaintiff’s attorney simply needs to hand the original Note to the judge and it will be admitted into evidence. Fortunately for homeowners, it’s not that simple.
Under Fla. Stat. 673.3081, if a homeowner denies the authenticity of a Note or the signatures thereon in the pleadings, the Plaintiff must authenticate the Note, and its signatures, at trial. There is still a presumption the Note and all signatures are authentic, but by contesting authentication, a homeowner can force the bank to authenticate the Note at trial. This may be harder than you think. For instance, if I challenge the authenticity of a blank indorsement, the Plaintiff must put on testimony from someone who can swear, under oath, that he/she saw the indorsement executed or that he/she recognizes the signature and it is authentic. Similarly, if I challenge the authenticity of the Note, the Plaintiff must present a witness who can testify he/she saw the homeowner sign the Note or who recognizes the homeowner’s signature based on other documents. The way that Notes change hands between banks, neither of these things would be very easy, and I doubt the Plaintiffs’ lawyers will be prepared to deal with these evidentiary issues. In other words, it’s quite possibly that if the homeowner preserves these evidentiary objections at trial, the Plaintiff’s lawyers won’t be prepared for them and won’t even have the requisite witness(es) at trial to testify.
Re. the second issue, testimony at trial must generally be based on personal knowledge. That means the Plaintiff must testify to events he/she has seen with his/her eyes or heard with his/her ears. This is virtually impossible to do with regard to proving a homeowner did not pay a mortgage payment or proving the amount owed, so the Plaintiff invariably must rely on documents to prove these facts. This is permissible, but only if the Plaintiff can introduce these documents under the business records exception to the hearsay rule.
Again, this is harder than you think. The Plaintiff must show: (1) the documents are a memorandum, report, record, or data compilation; (2) made at or near the time of the event; (3) by or from information transmitted by a person with knowledge; (4) kept in the course of regularly conducted business activity; and (5) that it was the regular practice of that business to make such a record. All five elements must be satisfied or the documents cannot be used as evidence at trial.
I’m not trying to teach anyone how to practice law. Rather, my point is that there are virtually always things that can be done to make it difficult for a bank to prevail in a foreclosure case; these are just two examples. So don’t give up – keep fighting foreclosure!
Mark Stopa
http://www.stayinmyhome.com
The Law Office of William Nolen & Associates, PLLC is a full-service Law Firm handling Real Estate and Contract Law in North Texas.
CALL US TODAY AND WE’LL GET YOUR CASE HANDLED IMMEDIATELY!!!!
I’M SORRY, MEANT TO WRITE THAT BOTH COPIES CONTAIN THE SAME SERIAL NUMBERS BUT COMPLETELY DIFFERENT HANDWRITING. THE COPY WHICH APPEARS IN THE U.S. POSTLAL SYSTEMS DATA BASE DOES NOT MATCH THE COPY OF THE RECEIPT PROVIDED TO THE LOUISIANA OFFICE OF FINANCIAL INSTITUTIONS WHICH THE TRUSTEE ATTY OFFERED AS PROOF OF ISSUANCE OF THE 30 DAY NOTICE OF DEFAULT. I MIGHT ADD THAT ALL THE ACCUSED SHARE A VERY CLOSE RELATIONSHIP WITH A LOCAL U.S. JUDGE WHICH LIVES IN OUR VERY SMALL LITTLE QUAINT SOUTHERN MISSISSIPPI TOWN. THEIR ASSOCIATION WITH THIS US JUDGE, WE FEEL, IS WHAT HAS PROTECTED THEM THUS FAR FROM PROSECUTION.
HAVE BEEN READING OVER THE SITE FOR LAWYERS THAT GET IT, BUT I GUESS NOT SURPRISINGLY, THERE ARE NO LAWYERS LISTED THAT GET IT IN MISSISSIPPI. HAVE STILL BEEN SEARCHING FOR AN ATTY IN MISSISSIPI TO REPRESENT ME IN A CRIMINAL FORECLOSURE CASE WHICH INVOLVES A U.S. POSTAL EMPLOYEE. ALL LAWYWERS CONTACTED HAVE TREATED MY PARTICULAR CASE AS NUCLEAR WASTE. NO ONE WANTS TO TACKLE A CASE WHICH INVOLVES CRIMINAL CHARGES FOR AN ATTY; A LOAN OFFICER AND A U.S. POSTAL EMPLOYEE. POSTAL EMPLOYEE SUPPLIED ATTY AND LOAN OFFC WITH A BACKDATED FRAUDULENT CERTIFIED MAIL RECEIPT WHICH CONTAINED MY FORGED SIGNATURE, FOR THE 30 DAY DEFAULT NOTICE. THIS WAS DONE TO DISGUISE RETALITATORY FORECLOSURE FOR MAKING A LOAN MOD REQUEST. ALL THIS CAN BE PROVEN AS TWO DIFFERENT COPIES OF THE SAME CERTIFIED RECEIPT,-BOTH CONTAINING THE SAME SERIAL NUMBERS BUT COMPLETELY DIFFERENT NUMBERS-. NEED A LAWYER TO REVIEW EVIDENCE AND FILE NECESSARY PAPERS ASAP.
In Florida, it is illegal to charge upfront fee for Loan Modification work.
http://www.mattweidnerlaw.com
Foreclosure Fighter Gator Bradshaw Honored for Putting Up the Good Fight
Please click on the link below and see how one of my colleagues has been recognized for his good work…. For all you who live in Central Florida and need excellent representation, please contact my friend and colleague Gator Bradshaw!
http://www.ocala.com/article/20110430/ARTICLES/110439985
@ Allan Hennessey
I think it is great that such a company exists that wants to help people like me who are stuck in the middle of this forclosure/mortgage fraud. And I have come across several other companies or individuals who claim to want to help.
However, after I went to the website you talk about and downloaded the info PDF, I learned that this company is not any better than any of the others out there that claim to want to help the homeowner, but in order to get that help the homeowner must pay a “fee” that ranges between a minimum of $2000.00 or a “fee” of $6000.00 for 100% of all they offer.
While I believe the one should be paid for any work performed, I find it hard to believe that any of these people or companies ever actually pay out an amount even close to what they have taken from the homeowner. The company you list claims to be a “non profit” organization, but the fees they are charging are the same if not more that other companies who are “helping the homeowners” and readily admit they are a strictly “for profit” company.
Lets do some math – say 100 homeowners pay any of these people/companies the $5000.00 fee. That means that person/company will be making $500,000.00 on just 100 familes/people!!!!!!!!!!!!!!!!! Doesn’t that seem a bit rediculous especially considering that most of these companies/people are not even attorneys and state they are not giving legal advise or any legal help? Really, $500,000.00 from just 100 distressed, scared, homeowners?
Lets do some more math – since we all know 100′s of 1000′s of people are losing their homes, lets assume that this “not for profit” company is hired by 10,000 homeowners. Let’s see, at $5k a pop that would be $50,000,000.00, yes that is Fifty Million! How in the world can anyone claim that they are doing this for the “homeowners who need help” because they “care”? Are you serious? Seems like someone is just jumping on the “let’s see if we can get rich from these stupid homeowners” bandwagon.
What a great business idea: Offer to help, while disclosing that any help given is not to be considered legal advise or help, while also disclosing that no guarantee’s on acutal outcome can be made to anyone as each homeowners situation is different, all the while charging $5000.00 or more each time, knowing that if the homeowner loses the home anyway, oh well, too bad for them, the business is perfectly safe and has no obligation to return any of the money since the “no guarantee” disclosure has been made, and honestly, it was a long shot to begin with.
Can someone please tell me how this is any different that the securitized mortgage fraud that started all of this to begin with? I wouldn’t be surprised if these companies/people offering to help are owned and managed by the same exact brokers that signed us up with these nightmare mortgages to begin with. They really are getting us coming and going!
SO, TO ALL OF YOU OUT THERE WHO WANT TO “HELP” FOR A LARGE UPFRONT FEE, LET ME INFORM YOU OF SOMETHING:
HOMEOWNERS IN MY SITUATION DO NOT NEED TO BE GIVEN FALSE HOPE OVER AND OVER REGARDING GETTING HELP FROM PEOPLE WHO “CARE” AND “WANT TO HELP”. MANY OF US HAVE LOST OUR JOBS, ARE CLOSE TO LOSING OUR HOMES, CAN BARELY FEED OUR CHILDREN, LET ALONE PAY WHAT MANY THINK IS AN EXORBERANT AMOUNT OF MONEY FOR SOMETHING THAT MAY NOT BE OF ANY HELP AT ALL IN THE LONG RUN.
YES, WE DO NEED HELP!! WE NEED REAL HELP FROM SOMEONE WHO IS WILLING TO ACCEPT LONG TERM PAYMENTS ON A FEE THAT IS ACTUALLY REASONABLE. IF WE ARE IN DANGER OF FORECLOSURE, WE ARE OBVIOUSLY HAVING PROBLEM MAKING MONTHLY HOUSE PAYMENTS. SO WHY IN THE WORLD WOULD ANY OF THE COMPANIES OR PEOPLE THINK THAT WE COULD ACTUALLY PAY SUCH HIGH FEES UP FRONT IF AT ALL?
As far as I am concerned, these companies/people are no better than the people perpetrating this fraud to begin with. The only thing they are interested in is how much money can the make from us. Haven’t we paid enough already? Haven’t we?
Is there anyone out there that with the knowledge that will help us that is willing to actually give us a viable option of being able to get that help at a price that we can pay? So far, I have contacted several people and/or compaines claiming they can help me, but it always ends the same way. “Our fee will be $5000.00″, at which point the feelings of hopelessness, fear, anger, and depression return. All the while thinking, if I only had access to $5000.00, I could start to sleep again.
So please, stop giving us false hope and post the fees associated with the help you are offering at the same time you are posting the advertiesment for the business and services. At least that way, we know from the get go if it is something we can even consider looking into.
I don’t think I can take one more time of “hey, maybe we can get help” only to find out the help is 100%unattainable beause we can’t afford the fee!
Allan, I do not know if you are affiliated with the company you posted about and do not want to assume so. Please do not take what I have said personally if you are not affiliated with them in any way. If you are, then you may take it however you want, because your species of snake is no better that the one you are offering to help us with
Any lawyer list here in Fontana, Rancho Cucamonga who knows about securization morgage ( residential)
Fraud ,MERS
Mike Ohio
I heard Troy Doucet is a very good attorney in Ohio.
He writes many books about foreclosure defense.
http://www.troydoucet.com
The Law Office of William Nolen & Associates, PLLC is a full-service Law Firm handling Real Estate and Contract Law in North Texas.
CALL US TODAY AND WE’LL GET YOUR CASE HANDLED IMMEDIATELY!!!!
http://www.williamnolenlaw.com
817-939-8335
I have a friend in St. Francois county in Missouri
need a Attorney that gets it.
please email them at
Tab [aprincess6@hotmail.com]
Group of many need lawyer that gets it in OHIO, Summit county and Stark County Ohio
Does a lawyer out there know if there’s an action in the following scenario:
Bankruptcy filed Dec 2007, finalized March 2008.
NEVER late on mortgage payments and all were timely until house sold in July 2008, when we paid off the mortgage. After reviewing this website, I looked into that mortgage note and found it was a MERS loan. Our bankruptcy lawyer never mentioned possible TILA issues nor MERS to us, but now we are wondering if we have a case with our former “pretender lender” as it seems they probably weren’t entitled to receive our mortgage payments nor the big payoff when we finally sold our home.
Does a lawyer out there have any advice for this situation?
Can we file a suit and “claw back” some of the money paid to the “pretender lender”?
We thought our (TD) bank was our lender so we paid them off when we sold the house. Also, we didn’t reaffirm the mortgage after the bankruptcy.
I contacted the lawyer who represented us in the bankruptcy and he told me the case is closed since bankruptcy was settled in March 2008 or so,( though my wasn’t actually closed until 2009 because I asked for funds to be returned ($10k+) that were paid to creditors (credit cards) a month before ( on faulty advice from our lawyer), and the bankruptcy trustee “ate up” all of that money in his fees so we didn’t see any of the $10k+ that was “clawed back” and it delayed the closing of my case…the bankruptcy lawyer says there’s no way to revisit these issues (TILA, MERS, & Pretender Lender being paid off…is that true?
The bank that we got the mortgage from reported us as being late in Dec 2007, though we never were late, but they have stated that because we filed bankruptcy they must report us as being late, even though all payments were received on time, which “dings” our credit scores. We are trying to rebuild and our scores our now in the 680 and 640 range but they should be higher as we were not ever late on the mortgage nor credit cards, but we filed on the brink of having to be late after exhausting retirement and other accounts.
sorry for double post..put in wrong category earlier today…
The court date for the fiasco that will or will not end
the ownership of my home in foreclosure, wait they
took it already. Before the stay was lifted the home
was given back to Fannie Mae. I am going to be
thrilled to the gills to see what they have to say it
court, but wait …….they don’t show up, they call in.
Does something seem out of whack here or is it
just me. My new court date is the 23rd of March in
the downtown Phoenix Court and for some reason
I have a good feeling. I have two great attorneys,
you know the kind that works for you and has your
best interest at heart. This judge seems like she
is particularly interested in how Indymac aka One
West is going to describe this, what do you call it…..
Oh Yeah, THEFT.. Pure and simple theft…. What I
cannot understand is why Paulson, Dodd, and Frank are not in jail. Seriously. If anyone is following this and I do not end up in jail, because
I intend to fight, I will write something here.
South Florida Foreclosure Defense attorney who “gets it” : Dillon Graham Esq. 305-445-9185.
We get it. The banks do not.
DUKE LAW P.C.
http://www.theforeclosurelawblog.com
An attorney that gets in NY and NJ, Orange and Bergen Counties. Jeanne Tompkins, Esq. Washingtonville, NY 845-497-7265
Are there any attorney’s that get it from Contra Costa County, CA? We live in the Brentwood/Byron area and are looking for an attorney for a possible Quiet
Title suit.
MA-RI-CT HOMEOWNERS! FIND OUT ABOUT GEORGE BABCOCK RECLAIMING AMERICA ONE YARD AT A TIME. MA.& RI & CT.IF YOUR HOME HAS BEEN FORECLOSED ON CALL US WE WILL MAKE IT RIGHT FOR YOU. WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C. CALL KIM THOMAS OR GEORGE BABCOCK AT 401-724-1904 AND GET RELIEF FROM YOUR PROBLEM!
Need a MA lawyer to do “forensic” on mortgage. We never received Truth in Lending documents.
Jeanette Bendetti, Live is not easy hen you are put in this postion. BUT… Yu need to have all your ducks in line when you get to court. I am not attoney. You need to check the chain of title at the recorders office. Know how does not have the right to to forclose. Meaning did the party that forcloused on on you realy have the note and deed in there posession at the the time the forclosure took place. If you were securized most likely they did not. DId thelender actuall y lender their money and take a risk or didi they only lender credits and talble fund the loan and name a mers type nomomie with no rights of ownership of your loan. There are very many curticail points your lawer should have covered with you and needs to reseach. If he is not going down this path before court tobe prepaered for court. they may not be your best representation. Your battle is ye to be wagded, it is not over, the judges wisdom will come form the fact you present and not from the wisdom of te judge. Educate the judege to the facts and documented proof. (research the docs) and follow the money. prove the unjust enrichment . this come s from your payments and the takeing of home by a parties who have no legal cliam to so. DO not lay down now prove your point. Make sure your Attorney is tracking or move on find one that can help.
Well, my court date has been set……..March 10th @
1:30 in the downtown Phoenix Court house. I have
a good lawyer to help me and I am praying for the
wisdom of the judge to give me the opportunity to
stay in my home. If anyone wants to come and watch this spectacle I could use the backup emotional help. It might also help others see what
happens when the stay on your home is lifted
before your bankruptcy has been completed and
your home is automatically given back to Fannie
Mae. They now, on paper own my home, no stay
lifted, they just took it. I have no home insurance
and a real estate agent has already been assigned
my home to sell by Fannie Mae. Good ole FDIC…..
should stand for FINANCIAL DISTRUCTION INTENTIONAL CORRUPTION.
There are only two attorneys listed for ones who get it in Colorado. Any updates?!! Any attorneys out of state of Colorado licensed to practice in Colorado? Have been looking for help since 2009 and been fighting pro se since then. I am taking my case to US Court now and need help. Thank you, thank you!
Litigation Rx: Compulsory Counterclaims in a Foreclosure
-MANADATORY JURY TRIAL ON COUNTERCLAIMS BEFORE SUMMARY JUDGMENT HEARING CAN BE HEARD (do you really think the pretend lender wants this to occur?
-Takes the verdict out of rogue Judges hands
-Promotes rocket judges to re-retire gracefully
See: Dykes v. Trustbank Sav., F.S.B., 567 So.2d 958, 959 (Fla. 2d DCA 1990) “Where the compulsory counterclaim entitles the counter-claimant to a jury trial on issues which are sufficiently similar or related to the issues made by the equitable claim that a determination by the first fact finder would necessarily bind the later one, such issues may not be tried nonjury by the court since to do so would deprive the counter-claimant of his constitutional right to trial by jury.”
FIND OUT ABOUT GEORGE BABCOCK RECLAIMING AMERICA ONE YARD AT A TIME. MA.& RI & CT.IF YOUR HOME HAS BEEN FORECLOSED ON CALL US WE WILL MAKE IT RIGHT FOR YOU. WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C. CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!
Barbara J Gilbert, Esq
2230 W Chapman #203
Orange, Ca 92868
949-854-1838
28 years practicing law in California
10 years as a real estate broker
Los Angeles, Orange, Riverside and San Diego
Breaking News: Banks fail to produce notice of default
http://finance.yahoo.com/news/The-Next-RoboSigning-cnbc-2857229679.html?x=0&sec=topStories&pos=4&asset=&ccode=
Note: While the “outside world” is just starting to “get it” this is nothing new for the readers of livinglies. As a matter of fact if your relying on just challenging the note being lost your doing yourself a disservice. Failure of the service to perform “conditions precendent” such as a NOD is grounds for dismissal of the lawsuit. Failure of a service not advising you that a loan was transferred within 30 days is also an equitable defense. Has your servicer sent you a Notice of Default or information that a loan was transferred each and everytime (RESPA 2605(b))?
Our company, HomeLifeSolution, is an affiliate of K2 Law. K2Law is currently suing the six major lenders in all 50 states which include the following:
Bank Of America / Countrywide
Wells Fargo / Wachovia
IndyMac / OneWest Bank
CitiMortgage / Citibank
GMAC
Chase / Washington Mutual
If your last refinance/purchase was written by one of these lenders(even though it’s serviced by another lender) or you refinanced with a different lender but is being serviced by one of the above mentioned lenders, you may qualify to enter into one of the existing lawsuits.
If you owe more than your home is worth and your loan(title) was recorded by MERS…you are eligible to enter into the K2 Law Joinder Nationwide Lawsuit. K2 Law is a 5 AV rated law firm that is amongst the highest rated in the country. Currently there are over 1600 plaintiffs in the Ronald vs. Bank of America case and growing daily. The other five lenders have been served as of December 2010.
Pay close attention to the fifteen minute presentation link below. This audio/video will communicate all of the litigation details and how to start immediate action.
Click Here: http://www.screencast.com/t/2JvVQS4seY9
To find out if your home was recorded by MERS, call today for a free consultation. This is every homeowners open window of opportunity to settle their mortgage debt through K2 Law’s Nationwide Lawsuit(s).
Helping Homeowners By The Thousands,
Sincerely,
Artie Goldman
Sr. Affiliate
HomeLife Solutions
678.235.4995 – Direct
i need a lawyer here in wash state asap..tx!!!!
Scott T
206-851-9770
desperately need help in MAJOR homestead foreclosure fraud case – florida attorneys representinglender, citimortgage are Shapiro& Fishman being investigated for mortgage fraud & truth inlending violations. Bottom line, I last filed motion to vacate based on fraud &for sanctions for the fraud amongother major issue but judge(retired who has no problem showing his extreme favoritism to firm) ignored everything I filed but gave them everything they asked for – even without notice or hearing in many cases – right now, I am waiting for “reconsideration” by court who is waiting for explanation from Shapiro with no time limit to respond. They held sale date while my husband was on life support from terrible accident & I have learned and advised courrt (what is being re-considered on my fraud motion) that citimortgagewas only the servicer on my loan but Shapiro attached fradulent copyof note to pleadings andi found out days before last hearing that fannie mae actually has ALWAYS been the true owner of my Note(which citi actually agrees and verifiesasdoes fannie mae) so my motion should have been grantedas the original Noteright in the court/clerk file actually DOES contain the endorsement by citi transferring interest to fannie mae unlike fradulent copy n pleadings that does not have such endorsement – also, shapiro attorney “swore” to judge/court knowingly falsly that fannie mae hadno interest and I was just trying to buy time. My husband is severely handicapped with traumatic brain injuries and this has been a nightmare. Also learned recently that Citi was fully compensated by PMI, government programs and investors etc and bought home at auction for $200 then assigned bid to fannie mae and paid them value forit (as though they never owned it) I can’t get anyone to help me and need appeal filed immediately to get this away from current judge who refused to recuse himself – just reviewing other cases not even close to as egregious as mine, many people were successful in recinding mortgage and getting their property back without payment due especially here since all interested parties were compensated already (but never disclosed to court) plus costs/fees/damages/emotional distress and punitive damages. I desperately need help immediately and can’t find a capable, qualified attorney anywherein Florida that understands what my rights are and is willing to immediately/aggressively pursue this matter as outlined above knowing clearly what my rights and entitlements are in this matter and am literally begging for any Florida attorney to please immediately contact me to discuss. I have a ton ov evidence and additional information – PLEASE!!!!!
BOMBSHELL:10,000 GMAC FORECLOSURES DISMISSED IN MARYLAND DUE TO ROBO-SIGNER AFFIDAVITS
In a major ruling Friday, a coalition of nonprofit defense lawyers and consumer protection advocates in Maryland successfully got over 10,000 foreclosure cases managed by GMAC Mortgage tossed out, because affidavits in the cases were signed by Jeffrey Stephan, the infamous GMAC “robo-signer” who attested to the authenticity of foreclosure documents without any knowledge about them, as well as signing other false statements. This was not the plan of GMAC and other banks caught using robo-signers last year. They hoped to undergo a pause in proceedings, run a quick “double-check” and then issue substitute documents in the same cases. That would have been a much more rapid solution for the banks and would have resulted in many more foreclosures. Now GMAC has to go back and basically file the entire case all over again, meaning they have to give notice of foreclosure to the borrower, engage the borrower in modification options, and basically run through the whole process from the beginning. They cannot use the shortcut solution, thanks to the class action suit filed. GMAC’s dismissal of every foreclosure in Maryland shows their doubts they would have won the class action.
FALLOUT FROM FRIDAY’S 6-0 DECISION – US BANK v. IBANEZ CASE COMMENCES:
—————————————————————-
CLASS ACTION v. GMAC/US BANK WILL NOW MOVE FORWARD
MASS AG PLANS TO STALL OR STOP FORECLOSURES
MASS SUPREME COURT NOW AGREES TO REVIEW THE NEXT LAND COURT DECISION (JUSTICE KEITH C. LONG)
MASS SEC OF STATE IS CALLING A SPECIAL TRIBUNAL TO CALM HOMEOWNERS
INCREASE PRESSURE NOW ON MAJOR US LENDERS TO PROVE THEY OWN MORTGAGE
A COALITION OF SEVEN MAJOR PUBLIC PENSION SYSTEMS HAS CALLED OUT BANK OF AMERICA, JP MORGAN CHASE AND WELLS FARGO TO IMMEDIATE EXAM FORECLOSURE PROCEDURES. THE COALITION LED BY NY COMPTROLLER JOHN C. LIU HAS STATED
“THE BANK’S BOARDS CANNOT CONTINUE TO PRETEND THE FORECLOSURE MESS IS THE RESULT OF TECHNICAL GLITCHES AND PAPERWORK ERRORS. THERE IS A FUNDAMENTAL PROBLEM IN THEIR PROCEDURES THAT ENDANGERS NOT JUST HOMEOWNERS BUT SHAREHOLDERS & LOCAL ECONOMIES….”
South Florida experienced Foreclosure Defense Attorney D. Graham 305-445-9185.
Free first consultation.
http://www.foreclosurelawmiami.com/Attorney-Profile.aspx
Are there any “Produce the Note” lawyers in San Jose, CA? There were not any in the list dated March 2010.
There were some listed in San Francisco, but none in San Jose. Is there an update to the March list?
If a family makes enough money to pay a mortgage
on the the value of the home NOW, and still take
care of the other expenses needed to live, THAT and that alone should be the factor taken into what
a judge does about a Forclosure on a Family Home
Family Home, maybe that is what is needed……..we
need to call it what it is, a Family Home. Somehow
it seems different doesn’ t it . Family Home…..Forclosed property. Say it, and use it in court. I don’t think the word family is used enough.
A place to have your children do their homework,
a place for families to have dinner together. A place
to read to your child before bedtime. A place to be
safe and sleep soundly at night. So many basics
are gone with the sweep of the hand. I am going to
court in January and I pray that I have a judge with
Wisdom. You cannot pull a country or a state together with people petrified of what is going to happen next. Petrified is the word, you wake up and
all you think of is how the hell to get through the day
in one piece and wake up in your bed tomorrow. I
don’t think that is what we are supposed to live like
When you do not have control of the most basic thing, a roof over your head…………..well
MA.& RI & CT.IF YOUR HOME HAS BEEN FORECLOSED ON CALL US WE WILL MAKE IT RIGHT FOR YOU. WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C. CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!
Florida Defense Team “Gets it” – Helping Homeowners Help themselves (772) 403-3897.
State Courts. Bankruptcy Courts. Appellate Courts.
Free initial consultation. No Retainer – Reasonable fees.
We need a party called ” The Common Sense Party”
something that represents the realty of what is going on in the day to day life of the people of this
country. First, I am tired of saying Happy Holidays,
MERRY CHRISTMAS to one and all, and if you are
not Christian…..then simply send a wish to someone of your religion to make up for it. They can
talk about taxes till they are blue in the face, but no
one has any money and no one can afford to have
more money taken out of their checks if they are lucky enough to have a job…….why is that so hard to
understand. We need to get a hold of this southern
border with Mexico problem. If you have the same
bank being robbed everyday, you put someone in
there with the ability and needed equipment to stop
it. Seems simple to me, you don’t let it sit there and
be emptied of all the cash and then say “What happened” What the states vote for and the people
say they want should be respected. This is a very
hot topic, but marijuara to cancer patients is like a
prayer answered as far as pain is concerned. But,
people take advantage and others suffer, this is
sad. It makes you wonder where the kindness and
caring for one another has gone. Maybe it left town
with the integrity of the politicians. I am going to court sometime in January 2011 to try and save my
home. I am praying the judge will give me the ability
to deal with, on an equal and fair basis the new
theives in charge of Indymac . Give me an opportunity to pay the same thing they would sell my home for, and not collect 80% on the original
sale price and the deal it has concocted with the
FDIC. Why is this so hard to understand. You are
trying to get the country on its feet, but you cannot do
it with a baseball bat to the knees.
I appreciate the kindness for allowing my to post these e-mails, I am trying to recuperate from this brain surgery and my interest in the news and media has gone from big to enormous. It seems that in the middle of the night the days events have formed into total frustration and I have to get if out {so to speak} Thank you for a place to mentally recuperate every night.
Neil, first I would like to thank you for posting one of
my e-mails, I am trying to recuperate from this brain
surgery and my interest in the news and media has
gone from big to enormous. It seems that in the middle of the night the days events have formed into
total frustration and I have to get if out {so to speak}
Thank you for a place to mentally recuperate every
night.
Invincibility lies in the defence; the possibility of victory in the attack.
– Sun Tzu
A serious penalty for perjury: Florida Bar Journal – appeared in 1999 – but highly pertinent roadmap on how the Florida Courts rule on falsified affidavits.
http://findarticles.com/p/articles/mi_hb6367/is_2_73/ai_n28736484/?tag=content;col1
House Republicans overhaul work week..Hmmmm, what I would like to do is put a
camera on the top of the head of each member,
both parties and watch what they hell they do every
day. Four day work weeks have now become three
day work weeks so they can spend more time at
home with their constitutents. When is the last time
you had lunch with your Senator. Just asking, but
I would prefer they work 6 days a week, 10 hours a
day with one hour off for lunch,,,,,,that they pay for.
They can have a two week stint every six weeks back at home to take care of family and problems
and this is more than the everyday American gets,
if he can get a job. I would also like to take a look
at these recess times. The don’t ask, don’t tell
problem that now has everyone in Washington
looking like they are working…….There are Senators
that are gay, does this apply to them. Any soldier
on the field has stood shoulder to shoulder with
a gay soldier. Common Sense, move on…….JOBS,
JOBS, JOBS, STOP FORECLOSURES. STOP
FORECLOSURES, GET TO WORK, GET TO WORK.
And these earmarks, I would love someone to come up with the figure that they cost us last year
alone. This is like going to buy a car and they throw
in a yacht.
Washington, that’s what we call it…but, I think once
you are there walking around with a feeling of power
or the magnificence of the atmosphere, and the
feeling you may actually be on television, someone
may stop and ask your opinion……..but, there has to
be a bridge they cross to get into Washington and
in the middle of the bridge the sign says “Leave your common sense here, do not take with you into
the Planet Washington. Be aware of your need to
put together words that do not connect or make any
sense. and put many of these words together so
no one will understand you, but feel that it must be
because they are not as smart as you are. That has
got to be it. There is no common sense running
around Planet Washington anywhere. We have a
war on our border with Mexico, so we give them
money to fight the Cartels. Does anyone think that
any of that money goes to that fight or do you think,
as I do, it goes to the Cartels. We are going to need
the Military and I mean with all we have, in the next
3 to 6 months because the Cartels are coming in
to this country with drugs, damaging our children
(14 year old who cuts off heads for the cartel] smuggling of people, all out gun fights in the streets and Planet Washington is fighting over tax
cuts. TAX CUTS, of course leave them in place you
idiots, no one outside of Planet Washington has
any money. Look to the south and take care of this
problem while we have a chance. This is not a
small marijuana dealer, where is the common sense. When are we going to start investigations
on this housing mess. People started this, put this
in place, HELLO FRANK AND DODD. Any idiot with
common sense would have seen the possible
implications of giving a mortgage to someone with
no job and bad credit. Oh, I forgot…….that bridge they left their common sense on. You see in Planet
Washington, money is not considered the way you
and I consider it…..there, it is just something you
spend……..with maybe one sentence or a little fight
and you win, or a middle of the night back room
deal where everyone walks away a little richer, except you and I. Planet Washington, what do they
send out here when they are done with them in there…….its like going into prison, they just get a
little smarter. Wall Street, if anyone thinks the
American Public is part of this horse race they are
nuts, Initial offerings, penny stocks, day trading.
I have an idea, go out tomorrow and try, just try to
find something made in America……Maybe one week of not buying unless it is made in America
would be the rude awakining we need……I call
Macys to pay a bill and a rude woman in, you know
I cannot even remember the country. because none
of them are here, Common Sense, Build it here,
make it here, sell it here, don’t buy it unless it is made here. Employ the people who work in the
companies here……but I think we have to get that
sign off the bridge on the way to Planet Washington
first.
Northern California_San Francisco Bay Area
Chris Gardas
Attorney At Law
530 43rd Street
Richmond, CA 94805
Phone: (415) 407-4918 fax: (510) 778-1273
chrisgardas@comcast.net
GEORGIA RESIDENTS:
I have an attorney in Georgia that is wanting to file a CLASS ACTION LAWSUIT against Bank of America & BAC. If you want more info e-mail me at sonya36767@yahoo.com
Texas Lawyers,
Still looking for an experienced attorney that “Gets It”, in the Texas area. Austin to San Antonio.
Contact
kds201011 at yah oo dot com
ANYONE WHO HAS A MORTGAGE OWNED OR BOUGHT BY JP MORGAN CHASE:
If you can not get a person on the phone at the bank or feel that you are getting the run around from every person you speak to at chase I have good news:
CONTACT JP MORGAN CHASE CEO JAMIE DIMON DIRECTLY. HE TOLD CONGRESSMAN BARNY FRANK THAT IF PEOPLE ARE GETTING THE RUNAROUND TO “COME TO ME”
HIS OFFICE’S DIRECT # IS (212) 270-1111
Enjoy!
Keep fighting the good fight Neil!
ATTORNEY GENERAL TOM MILLER GETS IT!
The problems aren’t just technical, and they aren’t just with robo-signing. For the banks to characterize the situation in such simplified terms “shows a certain type of arrogance [2],” said Iowa Attorney General Tom Miller, the point man for a 50-state investigation into flawed foreclosure practices.
http://www.propublica.org/blog/item/at-hearing-lawmakers-ask-experts-for-foreclosure-crisis-solutions
For the banks to characterize the situation in such simplified terms “shows a certain type of arrogance [2],” said Iowa Attorney General Tom Miller, the point man for a 50-state investigation into flawed foreclosure practices.
Barbara J Gilbert, Esq.
California licensed attorney 28 years
California licensed real estate broker 10 years
Los Angeles, Orange and Riverside Counties
949-854-1838
legallink1@gmail.com
MA.& RI & CT.IF YOUR HOME HAS BEEN FORECLOSED ON CALL US WE WILL MAKE IT RIGHT FOR YOU. WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C. CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!
http://www.prlog.org/10871686-attorney-dillon-graham-named-as-florida-legal-elite.html
South Florida Foreclosure Defense Attorney who ‘Gets it”: Dillon Graham Esq. 305-445-9185
Free initial consultation. Reasonable fees, payment plans available.
MA.& RI & CT.IF YOUR HOME HAS BEEN FORECLOSED ON CALL US WE WILL MAKE IT RIGHT FOR YOU. WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C. CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!
I need an Attorney in Georgia. I want one who is knowledgeable about MERS.
sonya36767@yahoo.com
MA.& RI & CT.BAD THINGS HAPPEN TO GOOD PEOPLE! WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!
I am looking for a lawyer in the East Bay area, the San Francisco Bay area, that gets it. Thanks so much.
Grayson calls on Florida Chief Justice to halt “foreclosure mill” cases
September 21, 2010
http://floridaindependent.com/8411/grayson-calls-on-florida-chief-justice-to-halt-foreclosure-mill-cases
Citing the reporting of Mother Jones and the New York Times, Congressman Alan Grayson has sent a letter calling on the Chief Justice of the Florida Supreme Court to “abate” foreclosure cases involving three law firms currently under scrutiny from the Office of Attorney General Bill McCollum until the investigation is complete.
“If the reports I am hearing are true, the illegal foreclosures taking place represent the largest seizure of private property ever attempted by banks and government entities,” Grayson wrote. “This is lawlessness.”
The Attorney General’s investigation specifically names the Law Offices of Marshall C. Watson, Shapiro & Fishman, and the Law Offices of David J. Stern. Together, Grayson wrote, they account for nearly 80 percent of all foreclosure cases in Florida.
In its press release announcing the investigation, McCollum’s office said that some firms representing banks would churn out foreclosure documents, which were often false or conflicting, and may in some cases have been produced by “affiliated companies outside the United States” – to move foreclosure cases through the courts en masse.
List of Lawyers who gets it nationwide including CA
http://livinglies.files.wordpress.com/2009/02/lawyers-that-get-it-0310.pdf
I would like to ask for a lawyer referral to help me on my property at Burbank, California. Please recommend a good lawyer in Los Angeles California. Thank you.
MA.& RI.BAD THINGS HAPPEN TO GOOD PEOPLE! WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!
I think we should have a good old fashioned “no way”
day. That’s it, we are not moving and you can take your foreclosures and put them someplace. Do they
have enough people to put everyone out of their home
if everyone says NO> I’m thinking judges, officers of the court, police, summons servers and every other
living human in this country are just handing their homes over to Fannie Mae and Freddie Mac. Is there a way to find out what their inventory is and inventory by each state. When will it end, it does not serve any
logical purpose. Families and the middle class
prosper when they have a place to lay their heads and
come home to at night. How does any of this do any
thing except make the rich richer. A HALT is needed
on all foreclosures in America. The same way a fence
is needed between the U.S. and Mexico. There is a
better way to do this, a more humane and careful and
legal way. Is this what America is now, a bunch of
poor people who have no jobs and sit in the streets,
while the foreclosure table is piled with money and
everyone walks by and takes a scoop, except the
family who is affected by this illegal and horrible
adgenda. I am so tired of this fight, I just got home from a brain tumor operation and now have a blood
clot in my head, have gone deaf and may go blind
in one eye. And here comes the wonderful people
at One West, by the way lady, get out of your home.
I am tired of depending on integrity, Washington has
finished that off. I am tired of trying to find a lawyer
who is as sick of this as I am. When do we stand up
and say NO MORE. We built this country, with hard
work and blood shed on the battle field, Now, you
can call Pakistan for your Discovery Bill. Am I the only
one sitting here going, What the Hell is going on.
I’d like to talk about Indymac and the rotten to the core,
policy and sweet heart deal the FDIC made with a few
of the richest men in the county. I will make this real
simple…….Indymac goes under, the assets are sold
to a new company called One West . One West is
owned by men who could afford to and have the connections to start and make the deal with the FDIC.
Why there is no congressional (what a joke) investigation………anyway. So, the FDIC says to One
West, we are selling you the assets of Indymac and
we want you to take these homes (which are the assets) and make a nice, new deal with the people of
America who are out there and can afford to re-finance
their homes at a logical price. You know, the price the
home is worth. But, we will pay you 80% of the value
on the homes you take back, and that 80% is based
on (quess what) the original mortgage figure when
times were good. One West is to absorb the first 20%
of the loss. Now, giving a gun and a mask to a theif is
one thing, but handing over an arsenal is quite another. So One West starts and pretty soon they have it down pat and become quite good and FAST
at taking homes back. Not making or trying to make
deals with homeowners, which was the purpose of
the FDIC, You can’t write this crap, it can only be done
by the FDIC, and Fannie Mae and Freddie Mac who
then take the homes back at another rapid pace and
sit on them to distribute to real estate agents who apply for and are granted the RIGHT to sell the homes.
Forget about bankruptcy, this company will sell your
home before the stay has been lifted. A real estate
agent will then start taping his card and large letter
on your garage and tell you it is his job to sell your home. If you do not let them in to inventory your home,
they send people out at night to take pictures of what
is inside your home, while you are there in your bed.
These characters sneak around your yard and click,
click, you better not take that ceiling fan with you.
They are taking back so many homes they don’t even
bother to show up at a bankruptcy proceeding, they
phone in. If you are not prepared, your home is gone.
Now, my thought is this is illegal, Period….. If this is
not Ricco I don’t know what is. Giving smart, rich
men the right, the right , the right to take your home
without trying to help you so they can collect 80%
of the original value of the home. Who would try?
The first year they made 1.56 Billion after taxes. Think
about what that 1.56 Billion stands for…..how many
families broken up, how many children without a home, how many family catastrophies, like suicide…..
And to top it off, quess where some of these men
worked before…YOU GOT IT, the FDIC. This should
be pissed off moment for some people, I am still
working on my pissed off year.
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
HSBC BANK, USA, NATIONAL ASSOCIATION, CASE NO. 09-005190-CI-19 NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS TRUSTEE ON BEHALF OF GSAA HOME EQUITY TRUST 2005-12
PLAINTIFF,
v.
KIMBERL Y BOLIN
DEFENDANT’S REQUEST FOR TAKING JUDICIAL NOTICE/OBJECTION TO
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT/
MOTION TO ABATE FORECLOSURE PROCEEDINGS
COMES NOW, the Defendant KIMBERLY BOLIN, by and through undersigned counsel MATTHEW D. WEIDNER, and respectfully files this REQUEST FOR TAKING JUDICIAL NOTICE, OBJECTION TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, and MOTION TO ABATE PROCEEDINGS, in the above-titled civil action, and as grounds therefore states:
1. During the Summary Judgment hearing held on August 17, 2010 in this matter your undersigned counsel asserted that disputed questions of material fact existed in this case which precluded the entry of Summary Judgment. Your undersigned further asserted that this court should be aware of investigations into the practices of the law firms that are responsible for pursuing the majority of foreclosure cases on this court’s docket by the Florida Attorney General and that this court should be aware of allegations made against one of those firms in two separate lawsuits that are pending in Federal Court for the Southern District of Florida. Your undersigned respectfully asserts that the existence of these investigations and lawsuits creates serious issues of material fact that should preclude this court from proceeding in any case where the firms
Matthew D. Weidner, PA
1229 Central Avenue· St. Petersburg Fl, 33705
727/894-3159
identified herein have appeared. Moreover, your undersigned feels he has a specific duty, as a member of the Bar, to make sure this court is aware of these issues generally because they potentially impact a significant number of cases pending on this court’s docket and specifically with regard to this case because the nature of the alleged violations calls into question the veracity of the affidavits upon which Plaintiff relies in support of summary judgment in this case. The question presented by this motion is whether the existence of formal investigations by this state’s chief law enforcement officer regarding the authenticity and veracity of documents submitted in this case and others should cause this court to have second thoughts about proceeding with this case and all ofthe other thousands of cases that are currently pending before this court.
2.
As this court is aware, judgments entered by any court which are the product of fraud are either void or voidable and the judgment may be attacked pursuant to Florida Rules of Civil Procedure, 1.540(b) for allegations of fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party for up to one year after entry of that judgment.
3.
Moreover, judgments entered by this court when service ofprocess is improper may be challenged as void at any point in time and there is no limitations period to challenge such judgments. Shurman v. All. Mortgage & Inv. Corp., 795 So. 2d 952 (Fla. 2001); Shepheard v. Deutsche Bank Trust Co. Ams., 922 So.2d 340 (Fla. 5th DCA 2006); see also Redfield Inv.
A.V.V. v. Vill. Of Pinecret, 990 So.2d 1135 (Fla. 3d DCA 2008) Batchin v. Barnett Bank of Sw. Fla., 647 So.2d 211 (Fla. 2nd DCA 1994LM,L. Builders, IncLY. Reserve Developers, LLP, 769 So. 2d 1079 (Fla. 4th DCA 2000) (citing Ramagli Realty Co. v. Craver, 121 So.2d 648 (Fla. 1960). Given the profound implications of judgments that are void based on improper service
Matthew D. Weidner. PA
1229 Central Avenue· St. Petersburg Fl, 33705
727/894-3159
WHAT DO I DO IF I AM SUED FOR FORECLOSURE IN FLORIDA ?
————————————————————————
Found this on the Internet. For info only.
1. Respond to the Complaint
You have twenty days after service to respond to the Complaint. You can file a Motion for Time Extension to ask for another 20 days to file a response The response can be an Answer or a Motion to Dismiss. If justified, the initial response should be a motion to dismiss. The Motion to Dismiss delays the time for an Answer until the motion is denied. You will waive many issues if you omit them from the motion, so you should hire a lawyer to represent you if at all possible.
2.Draft the Motion to Dismiss
Consider: 1. Was service on you proper? (In your hand, or if at home in the hand of you or another adult resident) 2. Is a copy of the promissory note attached to the Complaint? 3. Does the plaintiff adequately show the plaintiff owns and holds the note? 4. If there is a count to re-establish a lost note, does the count say it was lost while in the possession of the plaintiff? Are the allegations generic or specific? 5. Does the Complaint show that the taxes on the note were paid? 6. Does the Complaint show that you signed the note or have an interest in the property (2d mortgage holder, tenant, etc) — being a spouse of the debtor is no reason to sue you. Serve the motion to dismiss. Send the original to the clerk of the court. (If possible, bring a copy of the original to the clerk of the court with the original motion and have the clerk time-stamp your copy to show it was on time).
3. Wait until the judge rules on the motion
Some circuits require that you send a copy of the motion to the judge with a blank order and envelopes. If there is such a requirement, do it. You do not have to do anything else until the motion is denied. Under the above procedure, this might happen without a hearing, or the judge might request a hearing. In the circuits that do not require notifying the judge about a motion to dismiss, the plaintiff will have to contact you, discuss the merits of the motion, and if you do not agree, either set it for hearing or Amend the Complaint. (If the Complaint is amended, go back to step 1, above). If the matter is set for hearing, attend the hearing and tell the judge why the Complaint is defective (not why you do or do not owe the money). If the Plaintiff has no Standing to foreclose(i.e does not own the notes or Plaintiff is not a Party of Interest etc ), the Judge still denies your Motion to Dismiss, you can consider go to Appeal. Remember to go to the hearing with a Court Reporter as you need certified transcript to go to Appeal Court.
4. Answer the Complaint
You should have a lawyer do this in order not to miss important issues. But consider: 1. Denying all the material facts alleged. 2. Adding Affirmative Defenses; consider these: A. The same issues detailed in the Motion to Dismiss considerations B. Predatory lending C. Illegal interest rates D. Waiver E. Violation of the Truth in Lending Act F. The Complaint fails to state a cause of action. G. The Complaint fails to state a cause of action because it does not show endorsement of the promissory note to the plaintiff. H. Plaintiff has failed to present the promissory note for payment as required by Fla. Stat. §§673.011, et. seq. I. Plaintiff is in violation of Florida Statute §57.011 because it is a non-resident of the State of Florida that has not posted a non-resident cost bond after a demand that it do so. J. Plaintiff is not the real party in interest
5. The matter will be set for mandatory mediation
The Florida Supreme Court has recently adopted rules requiring mandatory managed mediation in all residential foreclosure cases. You will be contacted by the organization responsible for the mediation. TAKE THE CALL. COMPLY WITH THE REQUEST TO CONTACT THE CREDIT COUNSELOR. PROVIDE THE REQUESTED INFORMATION. Attend the mediation when it is set.
6. Attend mediation
Consider these possibilities: If you want to leave the home, consider: 1. Giving a deed in lieu of foreclosure (be sure you get a guarantee of debt forgiveness) 2. Asking for move-out money (“Cash for Keys”) 3. A short sale (be sure you get a guarantee of debt forgiveness) 4. Setting a move-out date long into the future. If you want to stay in the home, consider: 1. Ask for a reduction in principal to the value of the home (A recent federal program may help facilitate this in part) 2. Asking about the HAMP program (if you qualify, the interest rate is reduced and the term extended so that the payments are reduced) 3. Asking about conventional refinancing to current rates Remember, you do not have to agree on anything. You can let the foreclosure take its course. Remember, the promissory note is negotiable paper, it may be able to be sold and then enforced against you if you do not get the original note back.
7. If mediation is unsuccesful, send discovery to the plaintiff
You need a lawyer to do this well. The discovery should be aimed at showing that you do not owe this plaintiff anything. Consider: 1. Interrogatories 2. Request to Produce 3. Request to Admit Be aggressive if you do not timely receive responses. File motions to compel and set them for hearing. The plaintiff’s lawyers are probably working on a flat fee and may leave you alone if you are difficult to deal with. Be sure to properly respond to the plaintiff’s discovery. (Request to Admit are deemed admitted if you do not timely respond).
8. When the Motion for Summary Judgment is filed; Respond with an Affidavit
A trial will be needed if any material allegations are at issue. These might include who owns the note, are you in default, as well as the legal defenses set forth above. But, the judge will only defenses presented in a timely, properly drafted and filed affidavit, Get a lawyer to help you do this. Avoid a Summary Judgment.
8.If there is a trial, defend aggressively. Make sure you hire a court reporter for trial
Raise all the issues stated above. Bring witnesses and documentary evidence. Concede nothing.
10. If you lose
Consider an appeal, but this is costly and does not delay the foreclosure without posting a bond. You can still redeem the property by paying the judgment until the clerk of the court issues the certificate of title. Consider refinancing. You can also file Bankruptcy to delay the sale and have your debts including the mortgage wipe out.
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PLEASE HELP ME. A server servered my 16 year old daughter foreclosure papers last night. These papers list my x husband as the borrower and primary defendent. The house was awarded to me in our divorce, however Wachovia never took his name off of the papers. They were notified, however told me that it would cost me 250.00 for them to change paperwork. Do I have a case in that the documents are incorrect.
Could someone please send me an attorney in the MD/DC area who gets it! Need this information urgently.
Thanks!
FORECLOSURE DEFENSE 101 – RYAN CURTIS ESQ.
————————————————————————
Download it at
http://mattweidnerlaw.com/blog/wp-content/uploads/2010/08/foreclosuredefense.pdf
This is 84 pages of material that can form the basis for powerful defense in your foreclosure case. Good thing it’s posted on the weekend so everyone can spend the weekend reading and absorbing the material.
The package was prepared by my friend and Fellow Foreclosure Fighter Ryan Curtis. For those of you fighting to keep your homes and defend this country in the Middle and Northern parts of Florida, I encourage you to contact my friend Ryan using the contact information below.
That really is one of the things that makes this fight so rewarding is the level of professionalism and selfless sharing that occurs among the many dedicated attorneys that are fighting to protect homeowners and defend our courts all across the state. Unlike so many other areas of the law where attorneys jealously protect their work so that other attorneys cannot benefit from the very real investment of time that is spent in researching and preparing the work, the attorneys that draft these motions and share the research that is posted on here share it generously so that the larger community benefits.
We’re all in this together and if we somehow manage to make it through this mess we will have many good people (attorneys and layperson included) to thank for contributing to the fight!
Hi,
I’m in the state of California, a couple of months ago I was handed an Unlawful Detainer and I filed my answer within the 5 days.
I had been in a loan modification for four months and making my payments when said loan company told me I did not qualify for the loan modification. That same day they stated the foreclosure process. Within a month my house was sold (Notice of Default was filed back in Nov of last year). The house ended up up as an REO going back to the loan company.
Before I was handed the Unlawful Detainer I had gathered all the documents I had showing I was in a loan modification (letters from loan company letting me know that my workout plan payment was due soon, receipts of payments etc…) and took them all to my Congressman’s office for review. They have since forwarded my package onto the Security Exchange Office for further review. One thing I had never received was a package from the loan company stating the terms of the loan modification. I’m still waiting to hear back from the SEO.
When I filed my answer to the Unlawful Detainer, I had included most of the same information I had gave my Congressman (and noted that I had given him all the information for an investigation for fraud) and had also noted that the Trustee’s Dead Upon Sale, was neither signed, notarized or if filed electronically it had no mark stating the document to be true.
Since I filed my answer more then two months ago and within the 5 day window, I have not received anything from the courts. Nor have I heard from their attorney or the loan company. I have searched all over the web and can’t find this happening to anyone else.
I have spoken to a couple of attorneys, they all have told me there’s really nothing they can do and that I will be given a court date.
Thanks for any input.
ER
LOOKING FOR ATTNY TO WIN THIS MERS FORECLOSURE for me, AM IN KERN CO, CALIF.
I have a mtg that I have just forced into foreclosure…. Is an 03 Refi, orig lender Greenpoint Mtg and MERS as Beni. NO transfer of titles from Grnpt to Countrywide to BofA have been recorded. Was a 7 yr balloon due Aug 1 2010. Orig agreed to extention per rider, then cancelled that within 72 yrs & put ‘stop pay’ on interest payment & doc prep fees as new DOT would list BofA as lender and did not want to lose my ‘advantage’.
I can and am willing to file chptr 7, as BK courts seem to have slammed the door faster on MERS.
DO I HAVE ANY TAKERS ?????
Linda
BAD THINGS HAPPEN TO GOOD PEOPLE! WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!
NEWS RELEASE
For Immediate Release
August 10, 2010
Contact: Sandi Copes
Phone: 850.245.0150
Sandi.Copes@myfloridalegal.com
FLORIDA LAW FIRMS SUBPOENAED OVER FORECLOSURE FILING PRACTICES
——————————————————————
TALLAHASSEE, FL – Attorney General Bill McCollum today announced his office has launched three new investigations into allegations of unfair and deceptive actions by Florida law firms handling foreclosure cases.
The Attorney General’s Economic Crimes Division is investigating whether improper documentation may have been created and filed with Florida courts to speed up foreclosure processes, potentially without the knowledge or consent of the homeowners involved.
The new investigations name The Law Offices of Marshall C. Watson, P.A.; Shapiro & Fishman, LLP; and the Law Offices of David J. Stern, P.A. The law firms were hired by loan servicers to begin foreclosure proceedings when consumers were in arrears on their mortgages.
Because many mortgages have been bought and sold by different institutions multiple times, key paperwork involved in the process to obtain foreclosure judgments is often missing. On numerous occasions, allegedly fabricated documents have been presented to the courts in foreclosure actions to obtain final judgments against homeowners.
Thousands of final judgments of foreclosure against Florida homeowners may have been the result of the allegedly improper actions of the law firms under investigation.
The Attorney General’s Office is also investigating whether the law firms have created affiliated companies outside the United States where the allegedly false documents are being prepared and then submitted to the law firms for use.
Subpoenas have been served on each of the law firms listed above, and the investigations are ongoing.
For an official, downloadable photograph, please visit http://www.myfloridalegal.com/picture.html. Also, follow the Attorney General’s Office on Twitter! http://www.twitter.com/myfloridalegal
MEMOS AND MOTIONS THAT MAY SHUT THE FORECLOSURE MILLS
http://www.mattweidnerlaw.com/blog
In honor of all the national reporting that’s starting to break about all the abuses that are being committed by the foreclosure mills and as part of the continued efforts to support all the good judges out there that really “get it” and who are doing the right thing, I want to share a treasure chest of motions that I have filed over the last several months.
I hear the criticisms of our judges but truth be told, I’ve never had a bad experience in front of a foreclosure judge….when I did my job, prepared my case and had a court reporter present. And while I respect the efforts of homeowners who start the fight pro se, if you want to save your home, if you want the respect of the court and the opposing party, you must hire an experienced foreclosure defense attorney to fight this battle.
I’m posting these Motions and memorandum primarily so that other attorneys from around the state will use them, develop them and argue the issues in front of judges. The issues contained within these documents are very important and frankly they require experienced and committed attorneys to make the arguments correctly. These documents and the issues presented are tools and like any tool they should only be used by operators who are trained to use them. Having said that I just hate seeing these coverage attorneys for the foreclosure mills wheeling in their boxes of hundreds of foreclosure cases and throwing this garbage into our courtrooms. I am appalled that the mills have joined forces and share the same coverage attorneys between all the mills. Where is the formal and specific authorization for that attorney to represent that client before the court?
How can coverage attorneys represent to the court that, there are no issues of material fact in the hundreds of files that are in his wheelbarrow when those files have been prepped by another law firm? Why is that attorney not required to file a Notice of Appearance so the court knows what attorney is affirmatively representing to the court the veracity and authenticity of all the facts in his case?
Special thanks to my intrepid law clerk Michael Fuino who is primarily responsible for all the excellent research and drafting contained within these memos and motions. Hats off to him! Enough of all of that, here go the goods.
affidavitmotiontostrike
affirmitivedefenses
allongemtd
answernotverifiednotnegotiableetc
objecttofeememorandumfeeaffidavit
http://mattweidnerlaw.com/blog/wp-content/uploads/2010/08/WW-Memo-6.9.10.pdf
http://mattweidnerlaw.com/blog/wp-content/uploads/2010/08/MotionforReconsideration.pdf
Get out there and keep up the fight…
Note : Go to http://www.mattweidnerlaw.com/blog to download the pleadings.
Matt, Thank you very much for sharing.
BAD THINGS HAPPEN TO GOOD PEOPLE! WE CAN HELP! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!
Urgently need lawyer for wrongful foreclosure action in Riverside County or nearby LA/Orange Co CA. . Home sold and bank is aggressively to evict – expect eviction notice in next 24 hrs – what do we need to do to fight the bank. Bank bought home at auction – 70% under water and $300K less than they wanted from us. Need lawyer who “gets it”!!!! We were in trial mod – all payments & docs paid and received by bank (Wells Fargo) a verbal extension of trial mod for next 2 months – processed 4th month payment – ready to send month 5 and bank wanted docs we had agreed to wait until after 5th month payment due to change in income source (now from 4 yr old business). This was a small portion of total income but needed to be documented over 2 to 3 months. Sent docs day before sale, bank told trustee not to sell and delay (by at least 2 reps) trustee sold anyway. Broke several laws during process. On phone with them from 4AM to 10AM per their instructions day of sale to stop foreclosure refuring to above reps) Our home sold for less than we have invested in it. Lender would not produce note when requested or give name of investor. Can someone help?
How can you find if your loan has been securitized? Is there a website where you can look for a picticular loan # or company.
If so provide the web information.
Would the company to look for be the orignating lender Mortgageclose, the servicing lender GMAC, or Fanny MAE so called owner. if there web access to a site.
Thanks for some help
I’m trying to find a lawyer “who gets it” in New Mexico. Please help! Talked to several foreclosure lawyers, but they have no clue about e.g. mortgage assignment fraud: assignment was recorded 1 year after foreclosure complaint, but the lawyer said that the judge would consider that “an honest mistake”. Go figure.
WE CAN HELP! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!
Need an atty who gets it in nv!!! Atty for Ocwen gave us an affidavite of lost assignment?? Whats my next step?
NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!
WHAT TO ASK YOUR PROSPECTIVE ATTORNEYS
So you have decided to challenge your servicer as to whether they really have the right to collect anything from you and whether they have been turning over payments to the “proper party” (the real lender) and whether they have any information regarding the securitization of your loan, and an accounting for ALL money exchanged or paid in connection with your loan.
You’ve decided to challenge the pretender lender on whether they really own your loan and whether they “represent” any other entity that might be the REAL LENDER. You want to know who the real lender is and whether they have any enforceable right to collect money, enforce the note or obligation, or enforce the mortgage or deed of trust.
You have decided to hire an attorney, but like all fields, there are attorneys that are good at one thing and not so much on others. You want an attorney who is a crusader, who is not looking for a single silver bullet like “produce the note.” You want someone who believes in you and believes in your case. You want someone you can trust and whom you like. Big retainers mean big bills generally speaking unless they charge you a project fee that is all inclusive.
Yes this is a lot of work to do, but hiring an attorney who is only halfheartedly representing you with the notion that you owe the money and anything he does for you is enough, even if it is a minor delay. Keep looking. Don’t expect the first one you meet to be THE ONE.
And remember it is YOUR case, they didn’t screw you (the securitization players did that) and they don’t owe you anything. They spent a lot of time getting educated and trained to practice law and they are entitled to substantial fees compared with other jobs.
Here are the the things you should want to know and to get CLEAR answers that are verifiable from any attorney you interview:
1. What type of practice do they have?
2. Have they litigated property matters before? How many times? With what results?
3. Have they litigated mortgage issues including foreclosures? How many times? with what results?
4. Do they have any specialization, certification or degrees in real property law, securities, contract law, Uniform Commercial Code, appraisals, real estate closings? What are those and when did they get it?
5. Do they have a working knowledge and experience litigating in Federal Court (bankruptcy preferred), State Court, jury trials, non-jury trials. How many trials have they been lead counsel? What is their record of success?
6. How would they rate themselves in proficiency in motion practice, discovery, trial, cross examination?
7. Can you get references from other clients?
8. Will they litigate to win or just delay the proceedings?
9. What are their personal views regarding the foreclosure crisis? Is their attitude one of outrage as to what has been done to homeowners, the national and world economy or complacency with a wink at the Judge that this is a real obligation that the “borrower” owes but wants to get out of because of some procedural sleight of hand?
10. What do they think of the financial bailout to Wall Street?
12. Do they agree that the homeowners were targeted victims of a vast scheme to drain homeowners and investors of as much wealth as possible or do they think borrowers were the greedy ones trying to buy houses they couldn’t afford?
13. What do they propose to do for you? Do they have experts with whom they maintain relationships? who are those experts? can you speak with them?
14. How much do they charge and how do they charge (by the hour, monthly, contingency fee, costs, expenses). Don’t give a big amount of money upfront.
Negotiate a payment plan if you can (i.e a monthly fee as long as you still in the house and the plan can be cancelled by you anytime without penalty)
15. What is the total amount they expect that you will be charged for this litigation? (Ignorance would indicate they haven’t been doing this much or with much success).
16. Will you be provided with copies of all correspondence and notes to file?
17. Will you have telephone access tot he attorney? How often? For how long?
18. Will this attorney be representing you and working your file or an associate? If an associate, you want to ask the same questions regarding the above.
Listen carefully to the answers. Take notes. Go home and think it over even if it only for an hour. Don’t let “emergency” conditions dictate settling for an attorney who doesn’t understand securitized residential mortgages. It will only get worse that way.
Go to the Court House, ask the clerk for many files of cases handled by your potential lawyer and read them so you can have a valuation of his work.
NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!See More
See the Foreclosure Appeal argument on 15 July at this link.
http://www.5dca.org/ArchivedOAs/2010/Aoa7-15-10.pdf
Link to Neil Garfield’s List of Lawyers who gets it
http://livinglies.files.wordpress.com/2008/08/lawyers-that-get-it-0310.pdf
John von B.
For CA , check out Jeff Barnes at http://www.foreclosuredefensenationwide.com
Best wishes
A Brilliant Appeal That Details The Differences Between Endorsement of Note and Assignment of Mortgage – Watch the Appeal live on July 15 – 9 am
Along with Verizzo, BAC Funding, Frost and Regions, this case has the distinct possibility of changing the landscape for foreclosure defense not just in this state but nationwide. Indeed the eyes of the entire country are focused on this important case….and you have the opportunity to see it all go down live. I am profoundly grateful to the community of foreclosure defense advocates who are fighting to hold the practice of foreclosure law to the very highest levels of professionalism and practice. It is a tremendous honor to be part of this experience, and I am especially grateful to April Charney, Greg Clark, George Gingo, Randal Reder, Daniel Rock, Dominic Salfi, David Acosta and all the other committed advocates who have supported this effort.
LOG ON HERE AT 9:00 AM THURSDAY MORNING, SELECT LIVE ORAL ARGUMENTS FOR A LIVE STREAMING VIDEO OF THE ARGUMENT
Too many practitioners lose site of the fact that a foreclosure case is based on two separate and distinct documents, the Promissory Note or the agreement to repay an amount borrowed and the Mortgage which secures that promise against the piece of property. Both documents are separate and each has its own distinct set of rules that govern how they are exchanged between parties from closing of the loan transaction until a foreclosure is filed. These same distinct set of rules govern how the documents are presented and entered into evidence in the actual foreclosure case.
Quite simply, one set of rules applies to the Note part of the foreclosure equation and an entirely different set applies to the mortgage component. Understanding these rules is a key component in drafting Motions to Dismiss and fighting Summary Judgment. Thanks to Foreclosure Fraud Fighter George Gingo for “sharing with the class”. For an excellent foreclosure defense attorney in the Brevard/321 area, contact George directly at ggingo@yahoo.com.
Read the following appeal for an excellent discussion of these issues along with all relevant case law. taylorappeal
http://mattweidnerlaw.com/blog/wp-content/uploads/2010/05/taylorappeal.pdf
Thanks for all the Info Ann.
However I am in California a NON-Judical state. SO I need Ca lawyer “WHO GETS IT”
Here is the link to the web cast of Florida Appeal
http://www.5dca.org/oralarguments.shtml
FORCLOSURE DEFENSE ORAL ARGUMENT IN THE 5TH DCA OF FLORIDA – WATCH THE ARGURMENT LIVE
July 15 at 9 AM
This Thursday, July 15, 2010 at 9 AM the elder statesman of foreclosure and title law problems, Clearwater attorney Greg Clark and myself will be arguing a very important foreclosure defense case before the 5th District Court of Appeals in Volusia County, Taylor v. Deutsche Bank. Bookmark the 5th DCA site here and make plans to log in to watch the arguments LIVE!
Click on this link for a list recent oral arguments and a very interesting foreclosure case, U.S. BANK v. BJELJAC, ET AL. to get a feel for how tough oral arguments are.
Another very recent argument that came out of the 5th DCA, is SHEPHEARD v. DEUTSCHE BANK TRUST where the 5th DCA slammed attorneys for the foreclosure mills and ruled that the homeowner defendant was entitled to prevailing party attorney’s fees in that case. Click on the link above for case law and arguments and link below for the reported decision:
SHEPHEARD v. DEUTSCHE BANK ..
As we’ve seen from the string of appellate court opinions recently been released from circuits across the state, especially Riggs, Verizzo and BAC Funding, trial courts are now paying close attention to the details contained within the documents on the cases before them. The Taylor case illustrates several of the key issues that we all need to be concentrating on. FIRST MAKE SURE THAT YOU HAVE A COURT REPORTER AT ALL HEARINGS. You must have an accurate and clear record of every development in every case. Next, do not assume that the circuit court understands the unique and specific issues in your case, make sure your issues are clear, distinct and preserved for appeal if things do not go in your direction. Finally, the specific technical issues at play
Taylor+Answer+Brief+Case
Taylor-Appellants’ Opening Brief and Cases
Florida Miami Foreclosure Defense Trial Lawyer
D. Graham Esq. 305-445-9145. He is on Neil Garfield’s list of Lawyers Who Gets It. Free first consultation.
Miami Foreclosure Defense Attorneys Win Case Against the Bank and Get Attorney Fees Awarded to them too
By Hugo Alvarez Esq. on July 2, 2010 10:54 PM | Permalink
Our firm recently prevailed in a contested foreclosure dispute after having litigated the case with the bank, and their lawyers, for three years. Not only did we win the case, but we were also awarded several thousands of dollars in attorney fees in doing so that the bank now has to pay our law firm.
The Judge assigned to the case awarded our firm 100% of the attorney fees we requested, and found our attorney fees to be reasonable given the complexities and issues raised in this case. .
This victory is also the latest trend in many homeowners actually winning their cases against the banks. Many judges are frustrated by the deliberately slow, and often times sloppy, pace of many banks that are attempting to foreclose. Indeed, the Florida Attorney General Office’s is currently investigating many law firms that actively file foreclosures on behalf of many Florida banks. The investigation centers on allegations of purported fraud.
Moreover, the bank’s efforts to move foreclosures out of the court system, and into a bank friendly, and bank created, foreclosure process, was rejected by our legislators. Additionally, recent changes to the Florida Rules of Civil Procedure that require banks to verify, under penalty of perjury, that the bank filing the lawsuit actually owns the mortgage, coupled with higher filing fees, and mandatory early mediation, all means that the banks have to be much more careful and precise when trying to foreclose on a property.
If you are on the brink of foreclosure, and need to assess your legal rights, please contact our office today
Fighting foreclosure lawsuit? Download this Foreclosure Defense Guide. It has many helpful info.
http://ricardolaw.com/downloads/Defending-Your-Florida-Foreclosure-2009.pdf
http://www.foreclosureprose.com
Abby In Ca. How do I find Christine Garda in SF? I can not find a listing.
John von B.
try Christine Garda in San Francisco
I need an attorney in Texas that is willing to help me untangle this mess that BOA created. I would like to save my home.
Any attorneys that get it in N. Cal. I have made all the administrative moves to aviod forcloser and the bank has defalfualted in the validation of the debt. Looking for attorney who knows the end game to get the to reconise that fact and go away or be tacit.
Happy Fourth of July everyone. Let us celebrate the independence of stopping the banks and wall street fat cats from taken peoples homes! Anyone in Rhode Island or Massuchusetts can call us for a free consultation and a budget plan for everyone.No family
will be turned away for lack of funds. Call Kim Thomas
at George E.Babcock Esquire at 401-274-1905 for a Lawyer that gets it. Over 300 MERS Cases pending.
Stay in your Home!!!
Needing an attorney licensed in Indiana to look into my case. House has gone through foreclosure and sheriff sale. Working with AG office regarding fraud, they have mentioned on three separate occasions within the past few weeks to retain an attorney to represent us. I would like to discuss my options as the bank did not follow the proper channels in leading to foreclosure in regards to an FHA loan and HAMP modification guidelines.
Please contact me only if you are willing to take on a case against a huge bank. Some local attorneys feel they are too big to deal with, I want someone who is fearless.
Thanks,
JR
JUDGMENT CAN BE SET ASIDE DUE TO FRAUD
Florida Attorney D. Graham 305-445-9185
Under Rule 1.540 of the Florida Rules of Civil Procedure a judgment can be set aside for various reasons including excusable neglect, newly discovered evidence and fraud on the court. The time limit is one year post judgment except when the judgment is void. Also the property owner can file an independent action and is not limited by Rule 1.540 time limits.
Rule 1.540. Relief From Judgment, Decrees, or Orders
(a) Clerical Mistakes. Clerical mistakes in judgments, decrees, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be so corrected before the record on appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment or decree is void; or (5) that the judgment or decree has been satisfied, released, or discharged, or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application. The motion shall be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, decree, order, or proceeding was entered or taken. A motion under this subdivision does not affect the finality of a judgment or decree or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, decree, order, or proceeding or to set aside a judgment or decree for fraud upon the court.
Courtesy of Richard Shuster Esq.
Three Rules For Defeating the Bank’s Motion For Summary Judgment in Foreclosure Cases
One of the attorneys in our Miami office watched a sole practitioner foreclosure defense attorney ( at attorney who is NOT associated with this firm) go down in flames on a summary judgment hearing before a Miami judge. As a civil litigation firm that successfully handled well over one thousand summary judgment hearings in general civil and insurance cases, I wanted to explain for other foreclosure lawyers and for homeowners some important pointers for successfully defending a lender’s motion for summary judgment in a foreclosure case.
Rule One: Always Bring a Court Reporter: In most (but by no means all) foreclosure cases if the bank wins their summary judgment motion then the bank wins their case and the Court will set a sale date in 30 to 90 cases. A foreclosure defense lawyer should consider the bank’s motion for summary judgment to be equivalent of a trial. If the motion is lost, the homeowner is unlikely to get a second chance. Since the summary judgment is a critical part of the case it is ESSENTIAL that the homeowner’s attorney bring a court reporter to the hearing. By having a court reporter there is a record of the proceedings. If the judge males an erroneous ruling either by disregarding applicable case law (controlling legal precedent) or disregarding evidence or lack of evidence then the homeowner will need a record of what happened in order to appeal the judge’s ruling.
Some judges do not like presiding over foreclosure cases. Some judges fell that if the homeowner did not pay the mortgage then the bank should win. One judge in Southwest Florida even commented to the press the rapid processing of foreclosure cases was necessary so that real estate prices would stabilize. If there is no court reporter at the hearing the judge can rule against the homeowner and know that the homeowner will be unable to appeal. If a court reporter is present the judge knows that if he or she does not follow the law the judge may be reversed on appeal by a higher appellate Court. Most judges hate being reversed on an appeal. For a judge, being reversed means a higher Court writes an ruling saying the judge made a mistake. Rulings of Florida’s appellate Courts are published in the Florida Law Weekly and Florida Law Weekly Supplement which is mailed to every Court in the state and sent by subscription to most Florida law firms.
Rule Two: Prepare: A lawyer can’t wing a summary judgment hearing. Meticulous preparation is required. The attorney should review the lender’s motion for summary judgment, analyze the case law cited in the motion, prepare a counter argument, anticipate the bank’s lawyer’s counter-attacks, and bring to Court three copies of each case they cite in opposition to the lender’s motion.
Rule Three: Do not waive objections: In the hearing where a Miami sole practitioner lost the case, the lawyer asked the Court to continue the summary judgment hearing because the bank had not provided discovery responses. Florida appellate courts have consistently held that summary judgment motions should not be heard until discovery is complete. The Court refused the continue the summary judgment. The judge rejected the last minute oral request for a continuance and explained the homeowners lawyer that if the bank did not provide discovery responses then the homeowner’s lawyer should have filed a motion to compel. The judge also felt that a motion for continuance should have been in writing and served long before the summary judgment hearing. If the homeowners lawyer was counting on a continuance perhaps the did not prepare as hard for the hearing. The solo should have reviewed their file when they received the motion for summary judgment and prepared a motion to compel if discovery was still outstanding.
I often wonder whether the foreclosure lawyers who change a “one time fixed fee” are able to spend adequate time to prepare and argue motions to compel. When clients go to the cheapest foreclosure lawyer, does that lawyer plan to bring a court reporter to the summary judgment hearing or even attend the hearing themselves. When homeowners interview prospective lawyers for foreclosure defense the homeowner should inquire about how the firm defends summary judgments and whether the price they are paying will include having a court reporter at the hearing.
The foreclosure lawyers in the Miami, Plantation, and Melbourne offices of Shuster & Saben, begin preparing for summary judgment the moment we open the file. Our discovery is planned and drafted for the purpose of defeating the lender’s motion for summary judgment and winning cases for our clients. When lender’s do not provide the discovery we ask for we follow through with motion to compel. Most homeowners cannot successfully defeat summary judgment without an attorney. When hiring counsel the homeowner should act as soon as possible so that their lawyer has time to conduct discovery prior to the summary judgment hearing.
If you want a winning attorney for Rhode Island & Massuchusetts Call George E.Babcock Law Offices &
Ask for Kim Thomas at 401-274-1905 or 401-352-5609
UTAH attorney who GETS IT
Thomas Weber
Weber & Schwendiman LLP
75 East, 7200 South, Ste 149
Midvale, UT 841047
(801) 676-6523
Can anyone tell me why the assignment does not have to be recorded here in IL? I cannot find code on that.
HOMEOWNERS – SPREAD THE WORDS AROUND –
GET YOUR HOMES BACK – HERE IS THE RULES –
FORECLOSURE MILLS COMMITTED FRAUD UPON THE COURT WITH FRADULENT DOCUMENTS
———————————————————————–
Quote : from D. Graham Esq. 305-445-9185
Under Rule 1.540 of the Florida Rules of Civil Procedure a judgment can be set aside for various reasons including excusable neglect, newly discovered evidence and fraud on the court. The time limit is one year post judgment except when the judgment is void. Also the property owner can file an independent action and is not limited by Rule 1.540 time limits.
Rule 1.540. Relief From Judgment, Decrees, or Orders
(a) Clerical Mistakes. Clerical mistakes in judgments, decrees, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be so corrected before the record on appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment or decree is void; or (5) that the judgment or decree has been satisfied, released, or discharged, or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application. The motion shall be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, decree, order, or proceeding was entered or taken. A motion under this subdivision does not affect the finality of a judgment or decree or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, decree, order, or proceeding or to set aside a judgment or decree for fraud upon the court.
unquote
Niel Garfield ‘s list of Lawyers who gets it:
http://livinglies.files.wordpress.com/2008/08/lawyers-that-get-it-0310.pdf
South Florida Lawyers who gets it:
Dillon Graham Esq. Tel 305-445-9185
See Matt Weidner’s Objection to Summary Judgment
http://mattweidnerlaw.com/blog/wp-content/uploads/2010/05/mtd1.0701.pdf
HOMEOWNERS – TAKE BACK YOUR HOME -THOUSANDS OF FORECLOSURE JUDGMENT ARE VOIDED – FRAUDULENT DOCUMENTS
——————————————————————–
From http://www.mattweidnerlaw.com
A constant theme I hammer on in this blog is that this wave of foreclosures is making a mess of our judicial system. In a perceived need to rush through the foreclosure “crisis“, (a crisis created by the parties who are demanding an unreasonable share of scare judicial resources), the lenders and their Millionaire Foreclosure Mills are ignoring long-established rules of professional ethics. They’re ignoring basic rules of evidence and case law. They’re engaged in a pattern and practice presenting at best questionable evidence and more likely of systematically lying to judges all across this country by adopting practices to create evidence which is not legitimate. They can apparently just ignore the rules and laws of the Supreme Court of Florida.
The Millionaire Mills Cannot Ignore the Title Insurance Claims That Will Start Rolling in Based on The Issues Contained Within This Post.
Our elected judges have been given an impossible task as thousands and thousands of cases are dumped on their laps but they’re given no additional support to move things along or to ensure the job is being done correctly. It pains me to see the additional pressures being placed on their staff as they scramble to meet the onslaught. Who benefits from all this?
THE FAT CAT BANKERS AND THE MILLIONAIRE FORECLOSURE MILLS- My courts have become something that resembles a sloppy fast food restaurant all so that the Millionaire Foreclosure Mill attorneys can buy themselves a few more Ferraris, (apparently that’s the car of choice).My underfunded and underpaid court staffs drop everything to scheduled telephone hearings, sort through missing and misfiled paperwork, manage the Mill’s foreclosure docket as part of a concerted effort to move the docket through for the mills. The files that are being pushed through are a disaster. Lurking within many of these files are title problems and legal claims that will be getting sorted out for years to come. Some of these problems are only potential problems…..litigating them and proving them out will take years and frankly they may not be litigated at all. Other claims (such as those from third party creditors) will be deemed to questionable to carry out so they will be ignored.
THERE IS ONE CATEGORY OF CLAIMS THAT CANNOT BE IGNORED-
THOUSANDS OF FORECLOSURES THAT HAVE BEEN PUSHED THROUGH BY THE MILLS AFTER THE COURT HAS ALREADY DISMISSED THE CASE!
I attach here the Motion I filed which details the issue. I’ve been sitting on it for a while, continuing to do research, meeting with other attorneys and discussing the issues with different title insurance underwriters. NOT A SINGLE ATTORNEY HAS DISPUTED THE FACTS CONTAINED WITHIN THE MEMO. We’re arguing over what the impact of this issue is, but one thing is certain.
THERE IS A MASSIVE HEAP OF FORECLOSURE JUDGMENTS AND FAILED TITLES TO REAL PROPERTY IN PINELLAS COUNTY IN PARTICULAR
I don’t know what’s happening in other counties, but the court docket in Pinellas is full of these sorts of cases. I am searching for the cases now, and encourage any of you pro-se people and attorneys out there who are researching dockets to pay real attention to this one and forward examples to me. Keep in mind that this problem was caused by the Plaintiff’s firms themselves. They jammed these cases through. They created Affidavits in Support of Summary Judgment where they swore to the Court that there were no issues of law or fact that prevented the court from entering judgment. They were either careless, reckless or thought they could just get away with it. They cannot and here are just some of the consequences of this problem:
■Thousands of people who think the lost their homes have not lost their homes. (They are still the equitable/legal title owners of the property,)
■The Final Judgment of Foreclosure that granted the foreclosure sale is not Final, it’s Void. (That means is has no force or effect.)
■Second mortgage holders or lienholders who thought they were wiped out through the foreclosure are now attached to the subject property. (Some will take higher priority based on fraud and problems with the first.)
■Property owners who think they own a home they bought REO or at a foreclosure sale, are holding worthless title. (Get read for big claims on the title insurors.
■Thousands of “active” cases that are sitting on the Pinellas County foreclosure docket are dead, they’re dismissed. The court can take no further action on them. Show the docket cleared, move on to new cases.
■The Pinellas County Courts will receive hundreds of thousands of dollars in new filing fees if the Plaintiffs do in fact re-file their cases in order to correct the problems they’ve caused.
■Many of the questionable “legal” strategies employed by the Plaintff’s firms in the beginning of the wave are going to be re-examined and found improper.
■Much of the improper evidence and questionable documents that were submitted in the early stages of the wave will be examined (for the first time) and appropriate action can be taken to sanction the improper conduct evidenced by the introduction of such evidence.
Attorneys and advocates, examine your cases. All of you other people out there, particularly you bright legal scholars….pick this Motion apart and please post any critiques of this Motion here publicly. The Motion is posted here below…..please read it and let me know what you think….the tide has definitely turned…..
Northern Cali Lawyer that gets it???? Help please???
Is there a list of Lawyer’s the “get it” somewhere on this site? I can’t seem to locate the list.
I need a lawyer fast. I’m in California. My bank just called to inform me that I was declined for a modification. This is the second time they decline me. They also mentioned that I could be up for foreclosure review.
Facts:
Note: Countrywide
DOT: MERS
SERVICER: BAC
Fannie Mae supposedly owns the loan, according to their online tool.
Oops !! My mistake. I mean Florida Foreclosure Defense Lawyers
Excellent South Florida Foreclosure Defense Lawyer:
Dillon Graham Esq. Tel 305-445-9185
Central Florida : Matt Weidner Esq; 727-894-3159
An excellent South Florida Foreclosure Lawyer:
Dillon Graham Esq. Tel 305-445-9185
Central Florida : Matt Weidner Esq; 727-894-3159
Need help researching BankUnited–BankUnited, FSB is on the mortgage–it’s of course bankrupt and in receivership at FDIC–newly formed rich investors buy assets and call it BankUnited so nobody knows it’s a different bank–but, what happens in a foreclosure with bank in FDIC receivership?–also, any information on BankUnited will be helpful–they don’t give out the trusts where the mortgages are located.
Oops! I forgot to mention that my note is with the original lender Countrywide who I’m guessing sold the loan to Fannie Mae.
______
“I’m in California. Evidently, Fannie Mae owns my loan, BAC is my servicer, and MERS is on the DOT. Do I have a defense if Fannie Mae tries to foreclose on me? I don’t know how to apply everything I read here to a Fannie Mae loan.”
I’m in California. Evidently, Fannie Mae owns my loan, BAC is my servicer, and MERS is on the DOT. Do I have a defense if Fannie Mae tries to foreclose on me? I don’t know how to apply everything I read here to a Fannie Mae loan.
Florida Attorney General Bill McCollum Launches Investigations into Florida Default Law Group and Docx, LLC a/k/a Lender Processing Services
Foreclosure Fraud | April 29, 2010 at 9:45 AM | Tags:
Great Work Foreclosure Fighters!
Be sure to share this information with EVERYONE you know.
Challenge Everything!
As of this morning, April 29, 2010 the Florida Attorney General Economics Crime Division launched an Official Investigation into the practices of the Florida Default Law Group and Docx, LLC a/k/a Lender Processing Services.
Florida Default Law Group, PL Case Number L10-3-1095
Case Number: L10-3-1095
Subject of investigation: Florida Default Law Group, PL
Subject’s address: 9119 Corporate Lake Drive, Suite 300, Tampa, Florida 33634
Subject’s business: Law Firm, Foreclosures
Allegation or issue being investigated:
Appears to be fabricating and/or presenting false and misleading documents in foreclosure cases. These documents have been presented in court before judges as actual assignments of mortgages and have later been shown to be legally inadequate and/or insufficient. Presenting faulty bank paperwork due to the mortgage crisis and thousands of foreclosures per month. This firm is one of the largest foreclosure firms in the State. This firm appears to be one of Docx, LLC a/k/a Lender Processing Services’ clients, who this office is also investigating.
AG unit handling case: Economic Crimes Division in Ft. Lauderdale, Florida
View contact information for Ft. Lauderdale by clicking here.
I wonder if the investigations had to do with any of the issues below?
Foreclosure Fraud of the Week – Two “Original” Wet Ink Notes Submitted in the Same Case by the Florida Default Law Group and JPMorgan Chase
Scandalous – Substantiated Allegations of Foreclosure Fraud That Implicates the Florida Attorney General’s Office and The Florida Default Law Group
The Whole Country is BOGUS – Fabricated Mortgage Assignments All Over the Country
Docx Fabrications & Forgeries – Comparing Signatures & Titles on Mortgage Documents
Foreclosure Fraud – Guide to Looking Up Public Records for Fraud
Whatever the case may be, I am sure these investigations will bring out more than we already know.
If you have any incriminating evidence on ANY of the foreclosure mills in Florida email me @ foreclosurefraud@gmail.com and I will make sure it gets to the appropriate authorities…
4closureFraud
1-561-880-LIES
Florida Foreclosure Defense
More video of Homeowners Rally in Tallahasse 21 April 2010
http://www.weartv.com/newsroom/top_stories/videos/wear_vid_7949.shtml
Free on line booklet about How to Hire Lawyer. This booklet is a MUST READ if you intend to hire a Lawyer.
e-mail me at ocean11@the-beach.net
Rally Update.
Florida Homeowners won . The bad bill SB 2270 was not voted. Thank you very much for your support.
See video of the Rally in Tallahassee at:
http://www.neighborvision.com/
My lawyer gets it! A fierce advocate. Atty Ernest Fenton. http://www.thestopforeclosureattorney.com. (708) 991-7268
Chicago and the surrounding areas. He’s beginning to expand into Northern Indiana too.
I am going to the Rally in Tallahassee with my 4 neighbors on 21 April. If you can’t go, e-mail me your foreclosure story, I will hand it to the Senators for you. It will be like you’re there, your concern will be heard.
My e-mail is ocean11@the-beach.net
FLORIDA HOMEOWNERS TO RALLY AT THE CAPITAL THIS WEEK
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Foreclosure Fraud | April 17, 2010
For all of you who can not attend the Historic Rally in Tally, and still want to be part of the event, below is a press release that can be sent by email, fax, or phone to all of the media outlets in Florida.
Please Help us Spread the Word!
FOR IMMEDIATE RELEASE
HOMEOWNERS TO RALLY AT THE CAPITOL THIS WEEK
TALLAHASSEE – Almost overnight homeowners from around Florida have organized and are set to voice their concerns directly with lawmakers this coming week in Tallahassee.
It began with a group of Florida consumer attorneys looking to meet with legislators to persuade them into rejecting a proposed and profoundly bad anti-consumer law threatening to put the entire foreclosure process in the hands of mortgage companies without any involvement by the courts. Homeowners and consumer advocates learned about the effort and have organized to oppose any new laws that threaten Florida consumers.
Lawmakers immediately began receiving calls from consumers around Florida voicing their opposition to the pending legislation, known as House Bill 1523 and Senate Bill 2270. The opposition was completely effective as legislators responded by listening and siding with consumers. The proposed law has been defeated for now thanks in large part to the collective efforts of consumers, advocates and attorneys who represent homeowners in foreclosure in Florida courts every day.
“It restores faith in our legislative process when lawmakers listen and respond favorably to homeowners voicing their concerns during this economic crisis”, says Matt Weidner, an attorney from Pinellas County who represents homeowners in foreclosure.
On the heels of this victory on Wednesday, April 21st hundreds of homeowners, consumers and other advocates from all across the State of Florida are driving, flying, taking busses (maybe even a horse or two) into Tallahassee with a powerful message: DO NOT TAKE AWAY VALUABLE CONSUMER PROTECTIONS. WE WANT TO WORK TOGETHER TO SOLVE THE CURRENT CRISIS. Leaders from both houses have graciously agreed to meet with their voters and with the group of consumer attorneys.
Chip Parker, a Jacksonville attorney who represents homeowners in foreclosure, encourages everyone who cares about Florida’s economic recovery to support this effort. “This isn’t about just laws that relate to foreclosure, it’s about preserving a balance that protects families during economic times like these. This is the worst time to be considering any laws that take away important consumer protections and that favor the banks”.
The attorneys also oppose the new laws because the changes would negatively impact the courts, judges and their staff because the changes would eliminate nearly 25% of the judiciary budget. This would make worse what is already a difficult situation for judges and their staff currently buried under thousands of foreclosure cases. “We need to ensure our courts are properly funded so that every litigant can have their day in court” says Weidner. Consumer advocates share this view in large part because they see how little time is currently devoted to hearing cases due to the high case loads.
The rally is scheduled to begin at 9:00am in Tallahassee at the steps of the Capitol and is open to attendance by all. Check the following websites for caravan and contact information!
http://www.4closurefraud.org
http://www.lawyersforhomeowners.com
http://www.foreclosurehamlet.org
4closureFraud
1-561-880-LIES
THE FLORDA HB 1523 is dead at this time at the House Level. We are watching similar Senate Bill 2270. Will keep you informed.
I have high hope that the bill will be dead to at Senate committe. Rally in Tally is being planned next week if it is necessary,
Hi
I need a great attorney in the South Jersey area.(Atlantic City, NJ)
I want to fight and keep my home. American Home Mortgage Servcing Co. (AHMSI) will not provide me with the true lenders name or send me a copy of my note. They are dragging there feet on my loan modification… I need some help with these voultures… Thanks
Joe Moon
609-385-6636
Suppose FL becomes a nonjudicial state. I understand that many uninformed homeowners can get booted without much delay. But what about those of us who are informed and who already have counsel? What is the strategy for us should the law pass and get signed by Crist?
Call-Fax-Email to Legislators- Says No to HB 1523 Non Judicial statute-House of Reps meets 12 April
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From http://www.mattweidnerlaw.com
Florida Attorneys who are Fighting for Homeowner’s Rights Will Rally on Tallahassee, Wednesday, April 21, 2010, by the Florida Bankers are trying to beat us to the punch by pushing their anti-consumer legislation through before we can get up there to stop it.
On Monday, April 12, 2010, the Florida House of Representatives, Criminal & Civil Justice Policy Council will meet beginning at 1:00 p.m.
One of the bills that will be discussed in this meeting is House Bill 1523, absurdly titled, the Homeowner Relief & Housing Recovery Act.
It just offends me how they think they can paint a pig and try to make it a rose. It offends me that bankers can convince our elected leaders to use such blatantly misleading titles to legislation in a concerted effort to fool consumers.
This bill represents a concerted effort by Florida Bankers and other anti-consumer groups to strip citizens of their right to have foreclosure cases heard by judges.
Please click on this link and contact each of the legislators who sit on this committee. Call, email, fax and tell them you are OPPOSED TO ALL EFFORTS TO TURN FLORIDA INTO A NON-JUDICIAL FORECLOSURE STATE.
Tell them you’re sick and tired of the fraud and deceit used by bankers and their friends on Wall Street and remind them that they work for you, The People of the State of Florida!
Follow this link for a copy of the House Agenda.
More information later…please start sending your email and faxes this weekend so they know where we stand early Monday morning!
It really is scary what this country is turning into….please help to stop this….make those calls and send those emails.
Share
Attention Attorneys , Advocates, Homeowners:
>http://mattweidnerlaw.com/blog/2010/04/lawyers-for-homeowners-rights-rally-in-tallahassee/
>The Florida Legislature is in session until April 30th. There are a variety of bills pending in the legislature which threaten to dramatically change the practice of consumer law and would eliminate homeowner and consumer rights.
>The bankers, the foreclosure mills and other wrongdoers are lobbying Tallahassee hard and they absolutely will get some kind of legislation passed….if every one of us doesn’t act now to do something about it.
>Subject to confirmation of the date, we will have a rally on the Capital. The date is tentatively set for Wednesday April 21, but it may be April 19 or 20 if those days would be more effective given committee schedules and other considerations.
>Please mark your calendars now and please put forth this extra effort of service to our profession, our courts and to the citizens of the State of Florida. As attorneys, we took an oath to defend the Constitution, the citizens and our courts. These are all under attack and we are all duty bound and obligated to rise up and defend them.
>In Tallahassee, we will meet with our local representatives and with the leadership of both houses. Our message is clear and distinct….
>
>We must preserve and restore the dignity of the courts and ensure consumers and homeowners continue to have access to a fair and properly funded judiciary.
>We cannot allow the continued breakdown of law and lack of respect for courts that currently exists in courts across the State of Florida.
>We cannot allow the unethical foreclosure mills and zombie lenders to continue to infect our courts with the cancer they are spreading in courts across the State of Florida
>We owe this duty to our courts. We owe this duty to our judges who are overwhelmed, overburdened and facing impossible pressures from all sides and we owe this duty to the citizens of the State of Florida–whether they are represented by counsel or not.
>Please mark your calenders and begin making plans now. We will be chartering buses from major areas and more details will be forthcoming! We expect that consumers and other pro-se advocacy groups will rally behind this cause as part of a major grass-roots effort. There are brave and principled leaders in Tallahassee who share our concerns and we need to take our message of support to them.
>MARK YOUR CALENDERS AND PLAN TO JOIN US IN TALLAHASSEE!
>
>
Is there any lawyer who gets it in Santa Clara County, Northern California?? Or at least in the bay area? Trustee sale in 2 weeks.
Where is the list of “Lawyers that Get It”??
Please post a list of Lawyers that are located in the Oceanside area of Southern California.
The courts gave blocked my attempts to bring the “lender” abd the “trustee” to task on their fraud anr theft.
They stole my house and put my wife and I on the street to starve and die.
FORECLOSURE FRAUD FIGHTER WEAPON – MOTION TO DISQUALIFY COUNSEL
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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK, AS
TRUSTEE FOR THE CERTIFICATEHOLDERS
CWALT, INC., ALTERNATIVE LOAN TRUST
2006-18CB, MORTGAGE PASSTHROUGH
CERTIFICATES, SERIES 2006-18CB,
Plaintiff,
Case No. .
xxxxx
Defendants.
__________________________________________/
MOTION TO DISQUALIFY COUNSEL
Defendants, xxxxx by and through their undersigned counsel, move this Court for entry of an Order disqualifying the Law Offices of Marshall C. Watson from (“Watson”) from representing Plaintiff in this case, and would show:
1. Plaintiff has initiated this lawsuit for mortgage foreclosure, yet TAKACS never signed a Note and Mortgage with Plaintiff. The Note and Mortgage upon which this lawsuit is based reflect that they were entered in favor of Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”), not Plaintiff. As such, it is axiomatic that Plaintiff’s standing to bring this lawsuit is predicated on an alleged Assignment of Mortgage from MERS to it.
2. Florida’s appellate courts have, for lack of a better term, begun “cracking down” on banks vis a vis these Assignments of Mortgage. To illustrate, on February 12, 2010, the Second District reversed a summary judgment of foreclosure where the plaintiff bank did not show a proper assignment of mortgage. See BAC Funding Consortium, Inc. v. Jacques, Case No. 2D08-3553 (Fla. 2d DCA 2010). This ruling comes on the heels of the Florida Supreme Court’s recent rule change requiring that all mortgage foreclosure lawsuits be executed under oath. Suffice it to say that Florida courts are increasingly concerned about Assignments of Mortgage and ensuring that the correct bank has filed suit for foreclosure.
3. In the case at bar, the Official Records of Sarasota County, Florida reflect that an Assignment of Mortgage, purporting to transfer the instant Mortgage from MERS to Plaintiff, was recorded on December 31, 2009 (“the Assignment”). A copy of the Assignment is attached as Exhibit “A.”
4. The legitimacy of the Assignment is very much in question. Quite frankly, it seems clear the Assignment was not executed by MERS in the ordinary course of business, as required, but was fraudulently executed by Plaintiff and Watson in a fraudulent attempt to “push through” this mortgage foreclosure case.
5. TAKACS and the undersigned realize that is a serious allegation. As such, they invite this Court to take a look at Exhibit “A” hereto. Even an initial, cursory review of the Assignment calls into question its legitimacy. First, it was not executed until December 31, 2009 (after Watson had already filed this lawsuit). Second, the Assignment was “prepared by” and to be “returned to” Watson. Third, the notary block indicates that the Assignment was executed in Broward County, Florida, which is where (as the Assignment reflects), Watson’s office is located, not where the assignor conducts business. If an agent of MERS signed this Assignment, as required and as purported, it strains logic to understand why its agent would sign in Broward County, Florida, where the assignee’s attorney conducts business, rather than in Virginia, where MERS conducts business. Finally, but perhaps most troubling, the Assignment reflects that it was executed by Caryn A. Graham, purportedly as Assistant Secretary of MERS, yet a simple internet search reveals that Caryn Graham is an attorney of Watson, assignee’s attorney.
6. These facts, viewed in conjunction with one another, raise serious questions. For example, if the Assignment was a legitimate business transaction, and Plaintiff actually obtained an assignment of the instant Note and Mortgage from MERS, then why did Watson, Plaintiff’s counsel in this case, prepare the Assignment? And sign it as the assignor? Shortly after this suit was filed? If this was a legitimate assignment, why was it signed by Plaintiff’s own lawyer rather than an agent of MERS?
7. Depending on the response interposed to this motion, more discovery on these issues may be necessary. At this point, though, the answer to these questions seems clear. It seems Plaintiff retained Watson to file this foreclosure case and that, upon being retained, Shapiro realized that no Assignment of Mortgage had ever been executed or recorded. As such, Watson drafted the Assignment and caused Caryn Graham, one of Watson’s own lawyers, to sign it (purportedly as Vice President of MERS), in an attempt to “push through” this mortgage foreclosure case.# In other words, it seems that Plaintiff and Watson have created, executed, and recorded a fraudulent assignment and are relying on that Assignment as the basis for standing to sue TAKACS in this case.
8. Plaintiff and Watson may not agree with these facts. At this point, though, the issue is not whether TAKACS can unequivocally prove that the Assignment is fraudulent. Said issue is for another day, i.e. a hearing on a motion for sanctions for fraud on this Court. Rather, the issue at bar is whether Watson should be permitted to remain as Plaintiff’s counsel in this case. For the reasons set forth herein, Watson should be disqualified.
9. Rule 4-1.7(a), R.Reg.Fla.Bar, provides:
A lawyer shall not represent a client if the representation of that client will be directly adverse to the interests of another client, unless: (1) the lawyer reasonably believes the representation will not adversely affect the lawyer’s responsibilities to and relationship with the other client; and (2) each client consults after consultation.
10. Rule 4-1.7(b), R.Reg.Fla.Bar, provides:
A lawyer shall not represent a client if the lawyer’s exercise of professional judgment in the representation of that client may be materially limited by the lawyer’s responsibilities to another client or to a third person or by the lawyer’s own interests, unless: (1) the lawyer reasonably believes the representation will not be adversely affected; and (2) the client consents after consultation.
11. Shapiro’s conflict of interest is obvious. As the pleadings reflect, Watson is acting as counsel for Plaintiff against Defendant, MERS. Incredibly, Watson is Plaintiff’s counsel in this case even though it has already acted as counsel for Defendant, MERS, in this very case! It is fundamental that the same law firm cannot represent a plaintiff and a defendant in the same case.
12. Watson may dispute its representation of MERS, but there is no other explanation for why Watson’s own attorneys prepared the Assignment and executed it on behalf of MERS. In other words, if Watson was not representing MERS in this case, then why did it prepare the Assignment and sign it for MERS? Notably, Watson is counsel of record for MERS in many other, active cases before this Court. As such, Watson’s status as counsel for Defendant, MERS is not reasonably in dispute.
13. The problems do not end there. After Watson represented MERS vis a vis the Assignment and filed suit against MERS in this case (on behalf of Plaintiff, its other client), Watson moved for and obtained a Clerk’s default against MERS, its own client. As such, Watson represented MERS in the transaction at issue in this case but sued MERS on behalf of a different client, then obtained a default against MERS on behalf of a different client.
14. Watson’s conflict is not only a textbook violation of Rule 4-1.7, it calls into serious question the fair administration of justice. To illustrate, TAKACS fear that MERS may institute legal proceedings against them in the future. After all, what is to stop MERS from taking the position, at some point in the future, that it is the owner and holder of the Note and Mortgage? Where would that leave TAKACS? Or the then-owner of the subject property? Or the title insurance company that writes title insurance based on the title that is derived from a foreclosure on the subject property (if a foreclosure is allowed)?
15. Under a myriad of Florida cases, the conflict of interest by which Watson is operating, coupled with the affect that conflict is having on the administration of justice, requires its disqualification as counsel. See State Farm Mut. Auto. Ins. Co. v. K.A.W., 575 So. 2d 630 (Fla. 1991); Koulisis v. Rivers, 730 So. 2d 289 (Fla. 4th DCA 1999); Campbell v. American Pioneer Savings Bank, 565 So. 2d 417 (Fla. 4th DCA 1990).
16. The Campbell decision is particularly apt, as it required disqualification of attorney who represented a defendant regarding her interest in property and later tried to represent the plaintiff who sued for mortgage foreclosure on that property. 565 So. 2d 417.
17. To the extent Watson disagrees with the facts set forth herein, this Court cannot simply accept Watson’s version of events as true. Rather, in that event, an evidentiary hearing is required. See School Bd. of Broward County v. Polera Building Corp., 722 So. 2d 971 (Fla. 4th DCA 1999).
18. TAKACS have not encountered many Florida cases that evaluate a motion to disqualify counsel on facts like those herein. After all, only in recent years have banks and their lawyers begun drafting assignments in mass quantities in an attempt to “push through” foreclosure suits. Other jurisdictions, however, have begun catching on to these unseemly tactics. One New York court, for example, after discussing problems with an assignment of mortgage similar to those set forth above, ruled:
Even if [plaintiff] is able to cure the assignment defect, plaintiff’s counsel then has to address the conflict of interest that exists with his representation of both the assignor of the instant mortgage, MERS as nominee for HSBC Mortgage, and the assignee of the instant mortgage, HSBC. …
HSBC Bank USA, N.A. v. Vazquez, 2009 N.Y. Slip. Op. 51814 (2009); see also Bank of N.Y. v. Mulligan, 2008 N.Y. Slip. Op. 31501 (2008) (“The Court is concerned that [the person who signed the assignment] may be engaged in a subterfuge, wearing various corporate hats…”); Deutsche Bank National Trust Co. v. Castellanos, 2008 N.Y. Slip. Op. 50033 (2008) (“If he is a Vice President of both the assignor and the assignee, this would create a conflict of interest and render the July 21, 2006 assignment void.”); HSBC Bank, N.A. v. Cherry, 2007 N.Y. Slip. Op. 52378 (2007) (“The Court is concerned that there may be fraud on the part of HSBC, or at least malfeasance. Before granting an application for an order of reference, the Court requires an affidavit from [the person who signed the assignment] describing his employment history for the past three years.”).
19. As if Watson’s conflict of interest is not bad enough, the problems do not end there. The propriety of the Assignment is a huge issue in this case. It will be a feature at trial and pre-trial discovery. The obvious problem is that testimony and discovery concerning this Assignment is not possible without involving Watson. After all, Watson prepared the Assignment, executed the Assignment, and is a necessary witness regarding its propriety. That is unfortunate, but that is the situation that Watson created when it prepared the Assignment and puts its name and address in place of MERS on the Assignment.
20. The situation here is similar to that presented to the First District in Live and Let Live, Inc. v. Carlsberg Mobile Home Props., Ltd., 388 So. 2d 629 (Fla. 1st DCA 1980). In that case, plaintiff’s attorney was the escrow agent for the real estate transaction upon which the lawsuit was based. What he knew or was told at closing was relevant at trial. Id. Deeming him a “central figure in the lawsuit,” the First District required his disqualification. Id. In so ruling, the court cited ethical considerations promulgated by the Florida Supreme Court in In Re Integration Rule of The Florida Bar, 235 So. 2d 723 (Fla. 1970), including DR 5-102, which provides:
(A) If, after undertaking employment in contemplated or pending litigation, a lawyer learns or it is obvious that he or a lawyer in his firm ought to be called as a witness on behalf of his client, he shall withdraw from the conduct of the trial and his firm, if any, shall not continue representation in the trial. (B) If, after undertaking employment in contemplated or pending litigation, a lawyer learns or it is obvious that he or a lawyer in his firm ought to be called as a witness other than on behalf of his client, he may continue the representation until it is apparent that his testimony is or may be prejudicial to his client.
21. The situation here is analogous. Watson will be a central figure at trial. There is no way to litigate this case without Watson’s testimony regarding the circumstances in which the Assignment was entered.
22. Watson may not like this outcome, but it put itself in this position. This is not one of those cases where a party wants to call opposing counsel on an immaterial issue just to generate a disqualification. Watson chose to represent MERS and Plaintiff in the same case, draft the Assignment, and execute the Assignment, all before TAKACS ever knew about this lawsuit. Watson chose to make itself a central figure in this case. It must now reap the consequences.
23. Notably, this case is still in its early stages. Defendants’ Motion to Dismiss has yet to be heard. As such, there is no reason that Plaintiff cannot procure a different attorney (who lacks a conflict of interest and will not have to testify). Other parties should not be prejudiced by Watson’s conflict where a different attorney can be procured.
24. In light of the foregoing, the Law Offices of Marshall C. Watson have an irreconcilable conflict of interest, having represented both Plaintiff and Defendant on the matters at issue in this case. As such, Watson should be disqualified. Additionally or alternatively, because Watson is a “central figure” in this litigation, the case cannot proceed with it acting as counsel.
WHEREFORE TAKACS respectfully request an Order disqualifying Law Offices of Marshall C. Watson from acting as counsel for Plaintiff in this cause.
VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing document and that the facts stated in it are true.
____________________________________
Defendant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via U.S. Mail to Rebecca Nilsen, Esq, Law Offices of Marshall Watson, 1800 N.W. 49th Street, Suite 120, Fort Lauderdale, FL 33309 on this 2nd day of March, 2010.
/s/ Mark P. Stopa______________
Mark P. Stopa, Esquire
FBN: 550507
STOPA LAW FIRM
2202 N. West Shore Blvd.
Suite 200
Tampa, FL 33607
Telephone: (813) 639-7634
ATTORNEY FOR DEFENDANTS
If the laws of evidence, rules of courts, case law and statutory law were upheld and applied in foreclosure cases–particularly when the loan has been sold and securitized–it would be virtually impossible for lenders to prevail in their mortgage foreclosure actions.
One of the fundamental problems is the party that owns or holds the note has no right to collect any payment on that note because he has sold the right to collect the payments on that note to investors. The note holder has no idea whether the investors are receiving their payments because the function of collecting the payments is handled by a third party, the loan servicer.
From a purely legal and technical perspective, the servicer probably has no idea who actually owns the note and probably has no admissable knowledge regarding who has a right to collect the payments on the note. Securitized mortgages were bundled into billion dollar piles of obligations. Every month dutiful homeowners make their payments to servicers. The servicers aggregate each months’ worth of mortgage payments, then dole the payments from homeowners out to the investment pools that purchased into that pool.
Judges Pensions Foreclosing on Homes
I TOLD YOU SO!!!!
[youtube=http://www.youtube.com/watch?v=0WeB2klekfo&color1=0xb1b1b1&color2=0xcfcfcf&hl=en_US&feature=player_embedded&fs=1]
Call Dillon Graham Esq. at 305-445-9185 for legal advice. He is one of the best and affordable Foreclosure Defense Attorney in Miami and West Palm Beach .
I have to respond by tomorrow (3/25/10) to a Civil Summon Action. My lender is Chase. Summon serviced on 3/5/10).
I need assistance to respond and representation.
Property located in West Palm Beach, Florida (zip 33404).
IVAN
You have to wonder with the health care bill being passed, who’s health is this bill caring for? The Federal gov has and still is allowing and promoting a Tyrannical Tournament with Crooked creditors all competing to rack up the highest score of insidious obligations and outright invasive occupation of our Constitutional securites, assets most valuble to us stolen to be used as poker chips and never returned or compensated for. within 90 days after obamacare is signed americans not covered by “approved” health insurance coverage will begin being penalized with monetary fines around the amount of $1,000 per person. Coverage is mandatory after 3 months from now but any benefit from this law to have the option to choose a plan you like won’t kick in until 2014(maybe). Now that obama has raped us with a thermometer that flows with the comfort of the “economy”, do you think he’s gonna fix the foreclosure crisis? NOPE, I bet you guys the next thing he’s gonna try to shove down our throats is that involuntary servitude civilian military force(aka gestapo) he was promoting while running for residence–I mean president. this program would require ages 18-25 mandatory active servitude for who knows how long. he says “teens-early twenties have too much time on thier hands and need to be doing something constructive, something that the public benefits from”(like puting you and congress out of office?). HEY GeNIUS the youth would be pursuing optimistic goals and working on projects of beneficial construction for a better society if you would provide the means necessary to accomplish these tasks like improving better access to a college education at a lower cost and absent your rigged student predatory loan reform, especially when the advance in modern technology should make the access to all beneficial education logically free with the elimination of textbook publications and other expenses. If knowledge is power and you want society to improve in a productive civilized manner, forcing citizens to serve in a civilian army against thier will instead of of forcing educational institutions to open up free access to resources for intellectual development because of the 3 overgrown branches of government’s greedy desire for monetary power to control the public is a recipe for disaster and lacks any ounce of reasonable common sense.
CLASS ACTION LAWSUIT AGAINST BANK OF AMERICA
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Bank of America Home Loans
Date Filed: March 22, 2010
Court: U.S. District Court
Location: Seattle
Ticker Symbol: BAC
Washington homeowners sued Bank of America claiming the lending giant is intentionally withholding government funds intended to save homeowners from foreclosure. Hagens Berman represents plaintiffs in the class-action lawsuit. Attorneys are interested to speak with other eligible home owners who were intentionally deferred or wrongfully declined a permanent mortgage adjustment per the Home Assistance Modification Program (HAMP).
The case, filed in U.S. District Court, claims that Bank of America systematically slows or thwarts Washington homeowners’ access to Troubled Asset Relief Program (TARP) funds by ignoring homeowners’ requests to make reasonable mortgage adjustments or other alternative solutions that would prevent homes from being foreclosed.
Bank of America accepted more than $25 billion in government bailout money financed by taxpayer dollars earmarked to help struggling homeowners avoid foreclosure. One in eight mortgages in the United State is currently in foreclosure or default.
Bank of America, like other TARP-funded financial institutions, is obligated to offer alternatives to foreclosure and permanently reduce mortgage payments for eligible borrowers struck by financial hardship but, according to the lawsuit, hasn’t lived up to its obligation.
Bank of America services more than 1 million mortgages that qualify for financial relief, but have granted only 12,761 of them permanent modification, reported the U.S. Treasury Department.
According to the TARP regulations, banks must gather information from the homeowner, and offer a revised three-month payment plan for the borrower. If the homeowner makes all three payments under the trial plan, and provides the necessary documentation, the lender must offer a permanent modification.
Bank of America continues to ignore TARP regulations and instead creates more financial pressure on homeowners, the court filing states.
The lawsuit charges that Bank of America intentionally postpones homeowners’ requests to modify mortgages, depriving borrowers of federal bailout funds that could save them from foreclosure. The bank ends up reaping the financial benefits provided by taxpayer dollars financing TARP-funds and also collects higher fees and interest rates associated with stressed home loans.
If you received an inadequate response from Bank of America for a home loan modification request after April 13, 2009, you are encouraged to join the suit.
Please visit: http://www.hbsslaw.com for more info.
About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices in San Francisco, Seattle, Chicago, Boston, Los Angeles, and Phoenix. Since 1993, HBSS continues to successfully fight for consumer rights in large, complex litigation. More about the law firm and its successes can be found at http://www.hbsslaw.com.
4closureFraud
Sorry for my mistake. The website correct address is http://www.mattweidnerlaw.com.
Free foreclosure information & pleadings at http://www.gingolaw.com and http://www.mattweidner.com
CENTRAL FLORIDA ATTORNEY WHO “GETS IT”
George Gingo, Esquire
3239 N. Hwy. 1
P.O. Box 838
Mims, Florida 32754
Office: (321) 264-9624
Fax: (866) 311-9573
Richard,
For South Florida attorneys who “gets it,” call :
– Dillon Graham Esq. 305-445-9185
– Thomas Ice Esq 561-793-5658
– Matt Weidner Esq. 727-894-3159
– Carol Asbury Esq. 954-677-8888
– Kevin LaMontagne Esq. 561-732-0100
Para Legal : Mike 813-936-1471
YOU CAN HELP TO STOP FRAUDULENT DOCUMENTS AND WRONGFUL FORECLOSURE
Type up a summary of mortgage fraud, fraudulents assignments , consumer laws violations. Collect all info , case laws around the country about those frauds and how people are losing homes to fraudulents foreclosure judgments.
1. Email them to ALL your local , US Congressmen, Senators asking them to investigate these frauds.
2. Find the e-mail of the Chief Judges in your counties. E-mail him all these information so he can be aware of bad judges and wrongful judgments in his section.
4. Email them to the Lawyer Bar Association so they can be aware of bad lawyers who file wrongful foreclosure lawsuit. Florida courts are now sanction lawyers who files foreclosures with bogus documents.
5. Contact your local newspaper or television , looking for Real Estate Investigative Reporter. E-mail him/her all info you have on how people are losing homes to fraudulents foreclosure judgments. Ask him/her to do an investigation. Tell them they may win the Putlizer award for their investigation as it is helping REAL people saving their homes.
4. Find a good attorney who can file class action against Foreclosure Mills for fabricating fraudulents document to file wrongful foreclosure.
THE WHOLE COUNTRY IS BOGUS – FABRICATED MORTGAGE ASSIGNMENTS ALL OVER THE COUNTRY
Thank you http://www.4foreclosurefraud.org
For the past year and a half, I have been examining the public records of Florida, analyzing all of the fraudulent documents that have been entered into the system since the housing crisis began. I have found employees of lenders assigning mortgages to their employer, I have found companies assigning mortgages to themselves, by themselves. I have seen many variations of financial institutions employees’ signatures on hundreds, if not thousands of documents. I have seen people that are officers of too many banks, and I have been unable to verify the existance of certain notaries who sign millions of these documents.
Now, we are seeing BOGUS assignments all over the Florida public records. At first I though it was some kind of joke. Well it is, and the joke is on all of us. Doesn’t anyone look at these papers before filing them? Do the courts even care they are allowing peoples homes to be taken away by some BOGUS document?
This is much more than a clerical error. It is outright blatant fraud.
How massive is it?
Well, in just a few hours of perusing the public records of this country, we were able to come up with these BOGUS DocX assignments from multiple counties of multiple states. While we were at it, we found some Bogus Satisfactions of Mortgage as well. To top it off, not only do the assignments say they are bogus, most of the signatures do not match from one to the next.
Some counties and states do not have their records online and some counties and states require you to pay leaving them inaccessible at the moment.
Below are examples of what was found in just a few hours of research. Just imagine what would be found if official audits were performed.
States Examined; Arizona, California, Florida, Georgia, Kentucky, Illinois, Michigan, and Nevada.
Yes, these are on the extreme end of the fraud spectrum, but what if all of those “official” looking assignments were just as bogus as these?
One of the most infamous “vice presidents”, Erica Johnson-Seck, who signed thousands of these “official” assignments, confesses the role she (and others?) played in the creation of similar documents in her deposition that is posted here … (takes a moment to load)
To top it all off, the Florida Bankers Association now wants to change Florida to a NON Judicial state with the bill in the link below that I urge all to understand.
The Florida Consumer Protection and Homeowner Credit Rehabilitation Act
Anyway, you decide…
Where are the damn Feds…
4closureFraud
http://www.4closureFraud.org
Are there any lawyers in Orlando, FL who get it?
I need one
Ken
Still looking for a Lawyer Who Gets it in Kansas City, KS. The lawyer could be in the Missouri side of the state line, just needs to be able to practice law in Kansas. We want to keep our house. We also just found out that the interest on the loan was figured wrong. I don’t know if that helps or not. Please someone contact me.
Yeash found some scary facts about Lawyers and bar associations
http://www.healthfreedom.info/BAR%20Association.htm
& some VERY eye opening insight about the “Debt” we owe on our Mortgages and Promissory Notes
http://privateaudio.homestead.com/WHERE_DOES_THE_FRAUD_BEGIN.pdf
Good read
Is there a list of attorneys in orlando area?
Hello:
Could you please send me a list of the attorneys that get it in south Florida?
Thanks
I need a lawyer who gets it, my loan was an Indymac
Loan, at the end of one month with no mortgage
payment the phone calls are unbelievable. I want
to know where my loan is and who do I really owe and
why someone like Paulson is not in jail. How is this
legal, this is not legal ………this should fall under
punative damages done to the public as a whole based on the illegal dealings and irresponsible actions of the government and Wall Street. All of this
fall-out and the repercussions that have resulted from
their irresponsible actions have ruined the country, and they still walk away with the money. HOW?
Re-post
From Neil Garfield
WHAT TO ASK YOUR PROSPECTIVE ATTORNEYS.
So you have decided to challenge your servicer as to whether they really have the right to collect anything from you and whether they have been turning over payments to the “proper party” (the real lender) and whether they have any information regarding the securitization of your loan, and an accounting for ALL money exchanged or paid in connection with your loan.
You’ve decided to challenge the pretender lender on whether they really own your loan and whether they “represent” any other entity that might be the REAL LENDER. You want to know who the real lender is and whether they have any enforceable right to collect money, enforce the note or obligation, or enforce the mortgage or deed of trust.
You have decided to hire an attorney, but like all fields, there are attorneys that are good at one thing and not so much on others. You want an attorney who is a crusader, who is not looking for a single silver bullet like “produce the note.” You want someone who believes in you and believes in your case. You want someone you can trust and whom you like. Big retainers mean big bills generally speaking unless they charge you a project fee that is all inclusive.
Yes this is a lot of work to do, but hiring an attorney who is only halfheartedly representing you with the notion that you owe the money and anything he does for you is enough, even if it is a minor delay. Keep looking. Don’t expect the first one you meet to be THE ONE.
And remember it is YOUR case, they didn’t screw you (the securitization players did that) and they don’t owe you anything. They spent a lot of time getting educated and trained to practice law and they are entitled to substantial fees compared with other jobs.
Here are the the things you should want to know and to get CLEAR answers that are verifiable from any attorney you interview:
What type of practice do they have?
Have they litigated property matters before? How many times? With what results?
Have they litigated mortgage issues including foreclosures? How many times? with what results?
Do they have any specialization, certification or degrees in real property law, securities, contract law, Uniform Commercial Code, appraisals, real estate closings? What are those and when did they get it?
Do they have a working knowledge and experience litigating in Federal Court (bankruptcy preferred), State Court, jury trials, non-jury trials. How many trials have they been lead counsel? What is their record of success?
How would they rate themselves in proficiency in motion practice, discovery, trial, cross examination?
Can you get references from other clients?
Will they litigate to win or just delay the proceedings?
What are their personal views regarding the foreclosure crisis? Is their attitude one of outrage as to what has been done to homeowners, the national and world economy or complacency with a wink at the Judge that this is a real obligation that the “borrower” owes but wants to get out of because of some procedural sleight of hand?
What do they think of the financial bailout to Wall Street?
Do they agree that the homeowners were targeted victims of a vast scheme to drain homeowners and investors of as much wealth as possible or do they think borrowers were the greedy ones trying to buy houses they couldn’t afford?
What do they propose to do for you? Do they have experts with whom they maintain relationships? who are those experts? can you speak with them?
How much do they charge and how do they charge (by the hour, monthly, contingency fee, costs, expenses).
What is the total amount they expect that you will be charged for this litigation? (Ignorance would indicate they haven’t been doing this much or with much success).
Will you be provided with copies of all correspondence and notes to file?
Will you have telephone access tot he attorney? How often? For how long?
Will this attorney be representing you and working your file or an associate? If an associate, you want to ask the same questions regarding the above.
Listen carefully to the answers. Take notes. Go home and think it over even if it only for an hour. Don’t let “emergency” conditions dictate settling for an attorney who doesn’t understand securitized residential mortgages. It will only get worse that way.