Mortgage Meltdown: Foreclosure Checklist: Things to do

You should consult with legal counsel if at all possible. Local rules and state laws differ, as do the application of bankruptcy laws in each state.

That said, based upon the emails I am receiving, many people don’t have the money to hire a lawyer. Obviously this makes perfect sense since most of the people reading this blog are people who have not made their mortgage payment.  

So the first order of business is to realize that the judicial systems of each state govern foreclosure procedures, and that none of them were designed to handle a situation like the Mortgage Meltdown. The clerks in the courthouses, the Judges, the lawyers, the banks, and others are all in the same boat as you are. They are confused, upset, and they don’t have a plan.

We have published a lot of do’s and don’t here and you can research through our 100+ posts that will give you much of the information you need. But I want to summarize and expand some issues.

1. Fight back and don’t take anything for granted. A piece of paper, whether it is posted on your door, signed by a Judge or a letter from a lawyer does not mean you have to do what they are asking. But you DO need to plan your response.

2. Don’t assume that you will lose. There is growing sentiment out there that you got screwed and that your city, homeowner association and neighborhood is suffering from this massive fraud on the American Public.

3. Don’t assume the lender wants to the property back. They already have more than they can handle. Offer to maintain the property and pay the utility bills. Hold firm on your offers and ask to speak to managers and continue going up the authority ladder until you get to someone who (a) has a brain and (b) has the power to make a decision that would alter “policy.”

4. Don’t assume the Sheriff has nothing to do except evict you. even after the order is signed to evict you, you have options including just staying there. But you should have a plan B. Sheriff’s resources are declining due to declining tax revenues. Performing unpopular evictions that nobody really wants to see happen is not at the top of their list. 

5. Make sure everyone in your family knows about your problem and is at least sympathetic. You might get more help than you expect — and this is no time to stand on ceremony or pride.

6. Make sure that your immediate family continues to receive your attention, your love and nurturing from you. The last thing you need on top of the foreclosure is a divorce and custody battle. 

7. If you are in a committed relationship do some brainstorming about how you can make more money, start some small business, earn money off the net or whatever suits you. Think about education too, since the job market is going to require increasingly sophisticated knowledge if you want employment security.

8. Don’t get mad, get even. Game the system. Get to know people who are in it and charm them, cajole them, and do whatever you have to for information, advice and guidance. Assume you CAN keep your house, that the mortgage can be modified in principal, interest and payments so that you can stay in it. Because it can and the lenders are increasingly looking at that option because it at least freezes the downward spiral of housing prices and therefore the downward prices of securities they sold to investors based upon YOUR mortgage.

9. Do NOT hire a consultant that asks for money up front. By all means listen to anyone who is willing to work and get paid IF he/she is successful. The only exception to this is someone with a proven track record of doing TILA (Truth in Lending Act) audits. These audits are worth their weight in Gold. Even if you have to borrow the money to get the audit done, it will most likely give you some strong ammunition with which to fight your foreclosure and sale. 

10. Don’t be a stranger. My email is listed on the “About” page. If you something to share or ask, go ahead. 

 

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  37. Advice on forcloser. I havent paid in 180 days

  38. @ livinglies

    The credit score monopoly is another type of MERS based entity. A “members only” club.

    Just my $.02

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    The case below shows things are changing for the owners. No statutory compliance means no foreclosure allowed in Calif.
    READ THIS NEW CASE: http://www.scribd.com/doc/75943496/Bardasian-v-Superior-Court-Santa-Clara-Partner-s-Mortgage-Corp-2011-Cal-App-4th

  40. thank you neil for reposting this blog with 2012 around the corner. few things fm is evicting a famiy in ft lauderdale tomorrow although they were going to wait to after the holiday. i guess they need their bonuses and maybe the cds insurance doesnt until the home is deemed empty. my year is comming. thank god i am blessed to have found good friends on these blogs and am ready with good counsel. i am worried but know even if i lose in county i will win in appeeal. wells fargo has perpurtrated so many horrors on us to prove who lied when they unknowingly put us in a stated income loan will be in the judges court if the judge is well paid by wells fargo i lose. i have verifiable income and feel if my income was not enough to afford this house she had no right to raise my salary to fit her criteria. the small county of 170k people here in florida had 2500 homes for sale that year of
    2006. if i did not make enough for this one because my husband was unemployed, hence the reason for our move., i could surely afford another house easily. so why do we peo ple told we homes we couldnt afford when the banks lied to get us in them. hoping we would be obedient citizens and when we coulnt afford the house and unable to sell just abandon the propery.

    well if florida would have employment for the over 50 segment this would not be happening. i am an RN for 25 years i moved away from my home town where i new everyone so my husband could find work (in miami you must be bilingual to land a job in manufacturing)
    but all i have run into for me was a road block nurse managers that were utrterly discrinatory towards me. my look, my weight, my personality. at over 46 yrs old 12 hour shifts are extremely difficult and cobine that with night shift. all i can find in my specialy. so finding steady work the past 6 years has been a horror show. same for my husband. so we are not deadbeats not wanting to work, we are victims of floridas employment fiascoo

    would appretiate feedback anyone else going through the same. i am devistaed after working my whole life to have this horror waiting.

    ps we also moved for a better education for my children. i watched for 10 yrs kids not graduating from our local high school and a high teen preg. rate. wanted better for my children yet we find ourselves in the middle of a mortgage scam

  41. David Rosenberg, Sarasota attorney specializing in real estate, closing, foreclosure, real estate tax, corporate and civil law.

  42. [...] TILA AUDITS — The First Step in Fighting Back [...]

  43. Thank you for the informative blog.
    Is any attorney allowed to take on a case in Florida?
    Also, if a lender is BOA, the all-states lender, is any attorney fit to represent a consumer?

  44. Jane
    I can help.
    Stan
    262 672 2543

  45. we are in desperate need of a foreclosure attorney, paralegal or tila auditor, pro bono if possible. my daughter will be homeless in 10 days. we have been fighting for 8 months with mers/recontrust/bank of america and now deutsche bank who got the house at auction. please any help is appreciated she may lose her daughter because her ex says she is unfit because of loosing her home. thank you and good luck to everyone who is in this mess.

  46. Is there an attorney you can recommend to fight foreclosure for us, in NYS. Please reply asap, as we are due in court by Wed., 2/9/10.
    Thanks

  47. Are there any cases/case laws that anyone knows of that shows a successful rescission using Uniform Commercial Codes?

  48. Comments / reply

    NG – “One thing seems certain — that any claim by the investor is unsecured and the ONLY party with legal standing to assert any claim against you is the one who lost money. The net value of the investor’s claim is unknown but dubious at best. And so far the investors are suing only the servicers and investment banks for sticking them with deals made up of pure vapor.”

    MSoliman – The FSB funds the asset and holds it under a take out commitment. The investor funds the take out dollar for dollar but never acquires the asset.

    If the FSB uses it capital to fund receivables and never sells the asset then where did the investors “dollar for dollar” match deposit end up?

    ….it’s called broken positions or lost derivatives investing…! Ahhhhhh! Believe it.

    MSoliman
    admin@borrowerhotline.com

  49. Mary: According to the terms of any note I ever read, any payment from you or any third party that is intended to be a payment against interest, principal or both must be applied as such. You have hit the nail on the head with your question. When they pooled your note, the deal you signed was ended and a new one began — one to which you were NOT a party. You were mentioned but they never got your signature in the pooling and servicing stage, the securitization stage or the terms of the bond (mortgage backed indenture stage). The “pooling” resulted in giving themselves authority to pledge your payments and third party payments (AIG insurance, credit default swaps, Federal bailouts etc.) to cover the obligation of OTHER BORROWERS. This is a direct breach of the express terms of the note which describes how the payments will be applied. Follow me here. The “lender” who appeared on the papers at your closing was already prepaid on your obligation by third party investors. So one of two things are true: either the note is paid in full and there is no obligation nor is there anything for the mortgage to secure, or the note you signed was properly assigned to a third party who put up the money. But the note cannot be properly assigned and enforced against you if the terms are changed without your knowledge or consent. So it wasn’t properly assigned. That means it is paid. Where does that leave the investor who put up the money that was used to fund your mortgage? The investor has received a bond (which is the same as a note) which includes all kinds of terms that you knew nothing about where the money was owed and guaranteed from several entities that you knew nothing about. The bond indenture says the bond holder gets a pro rata title to the mortgages and notes in the pool. So the trust is holding nothing — but so is the investor because the note you signed was not properly assigned — conditioned were added to payment and risk, making it a different deal. So the investor has claims and may have been paid from the government, an insurer, cross collateralization, over collateralization or some other source including you. The investors claims against you are NOT on the note and mortgage because the note was paid never assigned in the legal sense. The investor’s claims are at common law or in equity since you did get a loan and some of the money the investor injected into the pool was used to fund your loan. But as soon as the investor sues you for unjust enrichment, constructive or resulting trust or whatever, you have counterclaims for all the TILA violation, predatory lending, appraisal fraud, slander of title, usury, etc. that could lead to a counterclaim for treble damages against the investor for things the investor never did — at least not directly. One thing seems certain — that any claim by the investor is unsecured and the ONLY party with legal standing to assert any claim against you is the one who lost money. The net value of the investor’s claim is unknown but dubious at best. And so far the investors are suing only the servicers and investment banks for sticking them with deals made up of pure vapor.

  50. I was served with a complaint to foreclose and of course they lost the note as well as saying I hadnt paid since November 08. I in fact have paid up until March 31, 09, but it seems they have alloted my mortgage payment (at least 3/4) of them to suspense and fees.

    Ive asked for months to no avail and all the other questions, like who holds my mortgage. I

    Are Mortgage servicers allowed to take my payments and apply them to wherever they want, even though I have never seen a notice regarding suspense???

  51. Hi Neil:

    Thanks for your work on this blog. I am a Paralegal in Phoenix, Arizona, an Arizona Certified Legal Document Preparer, and I am conducting TILA audits for homeowners directly. I would like to get on your list of “attorneys who get it” (as a paralegal, of course) to reach more homeowners who need help in Arizona.

    Please contact me if you need more information. Thanks in advance!
    Christine
    christine@desertedgelegal.com

  52. -Hello Neil

    What steps should be taken if the lender doesn’t respond to the QWR within the 60 Day required period?

  53. JP: Foreclosures always affect credit score. Of course I have an issue with the credit scoring in this country. It is geared to coercing you into taking on debt, no matter how onerous, and when you don’t use it or you can’t pay it your score is reduced. If you are named in the foreclosure then you and your father will take a FICO hit. BUT a debt validation letter and qualified written request makes it illegal for them to issue a negative report to the credit reporting agencies. Unfortunately that doesn’t stop them from doing it. There is a fine for doing it but collecting on that fine and getting the regulatory agencies to do anything about it is very challenging. I would suggest that you get a PDR (Preliminary Document Review) which you can get off the blog, or one of our volunteers will send to you. Then get ready with a debt validation letter, QWR, rescission, etc., assuming your father wants to fight this, since it is in his name.

  54. Hello, I cannot keep up with my home payments and am probably going to go into foreclosure. Here is my situation, I got my loans through my dads name, so the loan is in his name. Then I did a Quick claim deed to put the house in my name. If we go into foreclosure, will this affect my credit or leave any constraints for me since I am on the deed? Will it be best to do a quick claim deed back on my dads name before the foreclosure happens?

  55. My name is Grace and the blog is for everyone who understands the importance of having Legal Representation on the matter concerning saving there home. We charge a flat fee of and you probably don’t have to sell all your belongings either. We do them in most all States if the Lender has a bank based out of California.
    You can contact me on my personal e-mail address: Lifestyleloans@yahoo and I will give you my number and his name. He has been a Lawyer since 1974, has a clean record and has been a member with the California Bar Association since then. Don’t move out of your home. Let us stop your Foreclosure.

  56. Hi Phil,

    I have a blog dealing with credit and debt, and am getting a lot of questions about forelosure. Your information seems great, and I am going to add you to my blogroll and send some traffic your way.

    If you have any of your loyal readers looking for answers about their credit debt, I would appreciate a plug!

    Thanks,

    Brent Tucker

    http://blog.mycreded.com

  57. ever hear of taylor electric right there in waldorf? my dad and three of his brothers started that little business back in the 40’s when the rural electrification act came thru southern maryland. basically, my dad wired 90% of the homes south of DC, north of the potomac river bridge, all the way over to patuxent east and clinton west.

    based on their efforts TE grew into AES – the world’s largest independent distributor for carrier air conditioning products.

    my aunt ruth still operates a tax service (jrj) in waldorf.

    and guys, i’d love to come back and pitch in but i’ve got more than i can say grace over out here. it’s at the epidemic level and i don’t see it getting better anytime soon. the mills are pernicious and they’re coming up with new tricks every day to frustrate our defenses. fortunately, the judges are slowly educating themselves on such issues as proper party in standing, holder in due course, etc. and they’re starting to toss the criminals out of court.

    my little secret? if a lawfirm files a sham suit, i’m attacking their e&o policy. not THAT gets their attention. lol.

  58. Hey Phil Taylor, Waldorf is in our home are and so is annapolise, etc., anything in MD AND PLEASE SHARE THESE LAWYERS AS WE NEED THEM AND HAVE CONSUMERS HERE WHO NEED THEM!!!!!MUCH, LOVE, TIM AND KAT, P.S. THANKS

  59. btw tim – where in maryland are you guys?

    i have family scattered all over that state:
    st charles county, waldorf, annapolis, salisbury, powellvile, pittsville, and my mom lived in OC for close to 30 years.

  60. oklahoma – where the wind comes sweeping down the plains. :)

    and i’d have to pass on the pro hac vice invitation. april charney and neil are ramping up seminars so i’m positive there will be more attys – soon – who “get it”. we won’t be able to stop all of the fraud but we can sure stop a bunch of it.

  61. Hey Phil Taylor, we are in Maryland but talk with defrauded consumers throughout the US in need of qualified counsel, but also Maryland and we had never heard of Pro Hac Vice until we retained our current lawyer. We know how frustrating it is when you are looking for counsel and up against foreclosure deadlines. Thanks, tim

  62. Phil, what state are you in?

  63. Hey Phil, Tim here again, we hope you do sue the bbbbjjeeebbers out of those fraudclosure mills as they deserve it and deserve to have the law licenses taken too for the sham and treason upon the public and courts as this is going to be our strategy for sure!

    We are wondering counselor Taylor, will you consider representing residents outside of your state via Pro Hac Vice? This is what our lawyer is doing and it is working out well for us as we are in Fed Court and there are so many consumers who need desperately, good lawyers who, most importantly, know these very complex laws……Or, at best, lawyers who will work with Neil thru this site and his classes to bring help to the injured consumer.

    Please let this community know Counselor Taylor, if you would represent a consumer Pro Hac Vice….as our lawyer does do this but, we can imagine it is very hard on a lawyers personal life as the lawyer must, eventually travel to another state for necessary court appearances etc., but lawyers that will represent Pro Hac Vice are so desperately needed by injured consumers and we encourage these amazing lawyers to please come forth and let the bloggers of this site know you will as many of the regular bloggers can refer consumers to you who need your help, so please let this community know, we need you and have consumers who desperately need you too!

    Phil, we blog regularly here and thank Neil for providing this needed forum and talk with consumers all the time who believe they can do it pro per or pro se………..CONSUMERS AND FELLOW FRIENDS VISITING THIS BLOG, PLEASE LISTEN TO US, YOU CANNOT WIN PRO SE………You need a lawyer who knows the laws and who has taken Mr. Garfield’s classes, bottom line……If you can consumers, take Neil’s classes as then you will be equipped to aid and assist your lawyer in making sure you receive the due justice you deserve. Please do not think the lawyer is asking for too much money, what is too much money, being made homeless…..No sum of money is material to us, just saving our home, clearing our credit and being righted for the wrongs is what it is all about for us and, no, we cannot put a price tag on this! We are paying our lawyer hourly at $ 300.00 and hour…..however this is what a really good and qualified, honest lawyer is going to cost you. Just as counselor Taylor has stated above, why chance it trying to make your lawyer do a contingent contract…..and while most of us have been defrauded and do not deserve this, we still must fix the problem and cannot ignore it and walk away as this would be even worse for all of us!

    We empathize and agree Phil with the consumers who are saying, But I did nothing wrong and have made my payments but have been defrauded by my servicer and lender and, yes, we too had suspected for a very long time consumers were being put out of their homes devoid of their being in default, and based now in part to counselor Taylor’s findings, have confirmed our suspicions that, by fact, according to counselor Taylor’s own findings, that 85% of consumers audits revel the consumer………did not deserve this and are being tormented by sham collection tactics and these greedy beast HOWEVER, OUR government is still sleeping at the helm and no Knight in White is coming to save any of us……..so, while we know it is so hard to come up with the money, do what you must to get it, borrow it, sell off possessions, jewelry, items of value, work extra jobs, sell on ebay as we did and do but get the money and save your home if you have been defrauded, as we must do this and remove the lions claws……AND, ONLY A LAWYER CAN DO THIS FOR US, THE INJURED CONSUMER!!!!! DO NOT FOOL YOURSELF!!!!!! JUDGES HATE PRO PER OR PRO SE LITIGANTS BECAUSE THE JUDGE HAS ESSENTIALLY BE YOUR LAWYER AND HE…..THE JUDGE, DOES NOT WANT TO DO THIS!!!!!! So bang, you just shot yourself in the foot filing the pleadings….and the judge is mad at you from the go get!

    Neil has a great post on one of his pages about what a consumer does not know…….every consumer must read this as we have been blessed so far that we have not fudged anything up in our case however, we have come very darn close to messing up! What consumers do not know will hurt them when they are trying to save their homes and, thankfully for us, we realized we needed some form of help even though we could not find a lawyer and this was before Neil’s great site was around so, we purchased the law National Consumer Law Center books just to hang on to our home being we could not find good, honest counsel but, eventually, and thanks to Neil’s web site, we did find an honest lawyer, and to all consumers, you will too if you just keep looking and do not be so preoccupied with the cost! Yes, we know it hurts and we know you are suffering like us but, make the sacrifices, we have.

    Thanks Phil and we all are looking to hear from you if you will represent Pro Hac Vice, our sincerest and best regards and please keep fighting the fight for those poor injured consumers, they need you, Tim and Kat

  64. Tim –

    It’s good to see a man admit his errors and mistakes. I can promise I have trouble doing so, but I somehow get it done as hard as it may be and that strategy has served me well over the years. I come from a family and generation where folks owned one thing – their integrity. When that was compromised, the battle to earn it back was a tough one so you just didn’t gamble it away.

    These days, the foreclosure mills are out of control and are willing to do anything to earn a fee – including lying to the court or manufacturing documents. wow. knowing what it cost to get thru law school, why would anyone risk losing their license? But they do.

    We’ve seen local mills actually paying the purported lenders for the right to “work” files. We’ve seen them set up in-house REO/Title companies and inflate typical fees in violation of RESPA, and then demand commision kickbacks from the real estate agents who get to list the property. Say what? The arrogance and false impunity oozing from mills these days is getting ready to end. Can you say: Errors and Omissions insurance? I plan on suing the bejeebers outta any mill that files a sham suit.

    This isn’t foreclosure, this is fraudclosure.

    I’ve been all around the real estate industry for many years and when this problem surfaced, I became interested in helping folks in trouble. Many are dazed and confused, but the team we’ve put together helps guide them thru the process – oftentimes with great success.

    Yup – there is a price. But, if I can successfully deliver your deed free and clear of debt, can you put a price on that?

    We’re actually thinking of attacking the status of mortgages that aren’t even in foreclosure. Imagine that!

    We simply file a Quiet Title Action and wait for some dumbass to step up and fight us. Now that’s funny. I don’t care who you are. (credit going to Larry the Cable Guy)

    I see this as Robin Hood type stuff. Because (and you’ll have to trust me on this) I despise bankers and the thieves on Wall Street. They made a TON of serious mistakes when they conjured up the pass thru pooling agreements with Trustees blah blah blah. And it’s open season on those bastards – finally.

    I can think of nothing more fun than gut punching those a-holes – repeatedly – until they puke up the billions of dollars and billions of dollars of property they’ve historically stolen from hard working Americans.

    Personally, I’d like to see a whole bunch of those over-paid prima donna rats imprisioned. My task is to make their lives miserable. I think I’ve found my niche.

    I’ve studied the problem. I’ve prepared myself to face a Judge and Jury. And I’m telling you guys that some lawyers are re-gearing their practices to tackle the bad guys – and hard. They won’t know what hit them.

    Does our service have value? Damned right it does, but only if we “get it”.

    With all due respect to Neil and company, there is another GREAT resource people might want to check out -especially if they are adament about going pro se. Google Troy Doucet.

    peace. enjoy what’s left of weekend.

  65. Hi Phil Taylor, thanks for the meds checkup but, we are not going contingent and never have and, we do not want anything for nothing. Your right, honest lawyers cost money and lots of it as you are worth it and, my wrong, did not note you were indicating that 85% of consumers who come to you are not late…….very compelling numbers and good audit work too!

    I am big enough to admit when I was wrong, and, here clearly I was wrong and ask you kindly accept my apology as it is being offered, genuine and sincere.

    Please do keep up the good works as consumers need very badly honest lawyers such as yourself and YES, GOOD COUNSEL IS VERY, VERY, VERY EXPENSIVE BUT NEEDED AND ANY CONSUMER TRYING TO GO IT ALONE, NEEDS TO RETAIN A LAWYER THAT IS HONEST, ETHICAL AND WHO IS WORKING FOR HIS CLIENTS BEST INTEREST!

    I will make an appointment for the meds though as maybe I have lost it and apologize to this whole community and Neil, as more than not some screws have been jerked loose and a pop in the old kisser would have been surely acceptable recourse Phil!

    Thank you for the reply and defense TO WHAT I MISSED AND APPARENTLY GOT VERY, VERY wrong here and thanks for setting me straight as only a really good lawyer can do! Very Best Regards, Tim and kat

  66. For starters, it would apear someone forgot to take their medication this morning. Your comments are off target, unrealistic, inappropriate, and rambling psychosis. Had you blasted off with that diatribe to my face this 50 year old would more than likely have popped you in the mouth thus causing you to land on your silly keester – which is where most of your thinking apparently comes from.

    Look, you can tee off on anyone you want. That’s your right but I would ask you a simple question. Walk into a doctor’s office and tell him you need a triple bypass and that you want it done on contingency. Good luck getting your medical needs met. Do the same with an attorney.

    Why in the hell would I want to work my butt off and hope to get paid when it’s all said and done. I’ve eaten hundreds of thousands in bad A/R. Have you? So don’t even begin to think you can stand in my shoes. Seriously, don’t go there.

    I’m sorry you had such bad luck with so many lawyers. The truth of the matter is that many lawyers don’t “get it” and they are poorly equipped to help people in financial trouble or who have been sued in foreclosure. It’s taking time to educate the judges but we are making headway.

    I have to charge a fee in order to help people. Those are the realities of life. Your assumptive position is that I don’t have any bills of my own. Exactly what planet do you live on? I can’t feed a family on air. And your expectation that I should is simply idiotic and immature Timmy.

    I’d also ask you to re-read what I posted earlier. My agreement is hybrid. There is a small cash component paid up front that ensures the homeowner has some skin in the game and a contingency portion that is earned from statutory atty fees that are allowed by law along with a back end percentage fee based on the lawsuit amount.

    I see all types of loans. If you’ll take your pills and re-read my post I clearly stated that 85% of the loans we audit are NOT delinquent. The loan has been registered as “late” due to servicing abuse and bogus fees tacked on to the loans which made them become “late”.

    Now, with that being said, had you walked thru my office door spewing that attitude I would have escorted you right back into the parking lot as there would be no way in hell I would represent a rogue like you. I don’t need the exercise that damned bad.

  67. Phil Shelley, we want to talk with you regarding your post and the law firm of Brown and Brown, as we have people for you to talk to so please email or call, 410-257-5283 or, timcotten@mris.com. F.Y.I., We also were not replying to your post and just a little confused and by accident posted a reply to Phil Taylor under Phil Shelley as we know you are not a lawyer as it is just so upsetting to realize lawyers representing us, consumers, contend we do not want to pay them for their very valuable AND DESPERATELY NEEDED services however, we have received no value from any of our 3 previous lawyers and are obtaining some relief under our most recent lawyer we have retained, you know, they say the 4th. is the charmer and should get the job done or, was that the 3rd.? Or 2nd.? Or, what the heck, the 1st……..Right…..or is that just the fairy tale and bedtime story told by lady justice???????? Tim and kat

  68. Connie, no, our bad, Phil Taylor, we are sorry, we were getting ready to ask Phil Shelley to call us as we would like to talk with him but then read Phil Taylors comments regarding consumers who do not want to pay or retain lawyers for their valuable services.

  69. Hello Tim and Kat, is this directed to Phil Taylor?
    GOD BLESS

  70. REPLY TO Philip Shelley;

    Phil, I commend and applaud you however caution you to not be so presumptive that no one wants to pay! We retained……..all 4 of our lawyers and threw our life savings at the first 3 scum bags who did nothing for us and who, we discovered had agendas and undisclosed conflicts of interest, i.e, working both sides of the case, you know about this, right PHIL! Our 3rd. scummy lawyer was found to be working for a debt buyer who was being funded by OUR LENDER, LEHMAN! HMMMMMM, IMAGINE THIS PHIL!!!!!!!! OH, YES, NOW WE HAVE RETAINED OUR 4th. Lawyer and are currently working on suing the fist scummy LAWYER bastard PRO SE, wish us luck and lots of love, since we have those buckets of money HANDY AND stashed under our beds from not making ALL THOSE mortgage payments and from not working by choice the past 6 years…….AHHHHHHHHHHH, WHAT A LIFE OF LEISURE IT IS PHIL, TOO BAD FOR YOU, HAVING TO DEFEND LOW LIFE CONSUMERS LIKE US………..HOW DID YOU GET STARTED DOING THIS ANYWAY JUST NOW PHIL? THOSE LENDERS LOANS YOU WERE CLOSING ON, JUST PACK UP AND LEAVE TOWN PHIL?

    Let us teach you Phil about HOW THIS REALLY WORKS HERE……AS YOU ARE PRESUMPTIVE ABOUT CONSUMERS NOT MAKING MORTGAGE PAYMENTS!!!!!! WE MADE ALL AND MORE THAN OUR SHARE OF MORTGAGE PAYMENTS HOWEVER, THE SCUM SUCKING PIGS WERE INTENT ON STEALING OUR HOME/SCRUBBING THE DEED CLEAN OF THEIR FRAUDS……..DEVOID OF EVER HAVING BEEN DELINQUENT!!!!!!!!!!!!!!!!!!

    NOW, IMAGINE THIS PHIL, TURN THE TABLES AND SEE HOW FAR ALONG YOU WOULD BE IN YOUR PROFESSION IF YOU…….HAD TO LOSE OVER 3 YEARS OF WORK JUST TRYING TO SAVE YOUR DAM HOME! AND, TOP THIS WITH A LITTLE SALT TO YOUR CUT PHIL, YOU WERE AND CONTINUED TO PAY YOUR DAM MORTGAGE, AND YOUR HOME HAD OVER 300K IN EQUITY AND, EVEN NOW, STILL HAS EQUITY IN IT IN THE DOWN MARKETS, NOW, WHAT PHIL?

    I WILL TELL YOU WHAT PHIL, WE HAVE LOST OUR LIFE SAVINGS AND HAVE BEEN DESTROYED FINANCIALLY, PHYSICALLY AND MENTALLY BY THESE GREEDY BASTARDS MALICIOUS ACTS OF EXTORTION, TREASON, FORGERY, THEFT AND FRAUD! TO DAM BAD WE DID NOT FIND YOU 6 YEARS AGO WHEN WE WERE BEING LAUGHED OUT OF LAWYERS OFFICES AND SMACKED UP SIDE THE HEAD AND TOLD TO JUST SELL OUR DAM HOME BECAUSE THE DAM LAWYER WAS TO DAM LAZY TO DO HIS DAM JOB AND LOOK AT THE PAYMENTS AND 4…….FIRST PAYMENT NOTICES ALL WITH 4…………… DIFFERENT PAYMENT AMOUNTS……GOING TO 2 SEPARATE PLACES…….AND DESCRIBING A LOAN THAT WAS NOT DISCLOSED AND EVIDENT ON THE DOCUMENTS PRESENTED AND CASHED, CLEARED, CERTIFIED RETURN RECEIPT MAILED PAYMENTS! WE WENT TO OVER 100 MARYLAND LAWYERS @ 200.00 A POP, FOR AROUND 20K OF, WHAT COULD BE MORTGAGE PAYMENT MONEY OR, JUST FUN/MAD MONEY, WHO, GUESS WHAT PHIL, PRACTICE REAL ESTATE LAW HOWEVER, THEY WERE TOO CONFLICTED, I.E, DID CLOSINGS FOR OUR SCUMMY LENDER, LEHMAN, BUT STILL WERE MORE THAN DAM HAPPY TO STEAL 200.00 FROM US AND THEN JUST LAUGH AT US AND BOOT US IN THE ASS ON THE WAY OUT THE DOOR!

    THESE ARE CRIMES OF MORTGAGE FRAUD AND MORTGAGE SERVICING FRAUD AND, GUESS WHAT, NO ONE GIVES A SHIT ABOUT IT! THE FED CALLS THIS CRIME, & MORTGAGE SERVICING FRAUD, THE PERFECT CRIME BECAUSE IT FINANCIALLY ERODES AND WEARS OUT IT’S PREY WITH NON-JUDICIAL STATES BEING THIS SCUM’S FAVORITE FEEDING GROUND, RIPE FOR THE PICKING THAT IS WHAT PHIL!

    WE NOW HAVE A LAWYER WHO HAS FILED OUR FIRST COMPLAINT AFFIRMING WE WERE PREPAID AT ALL TIMES AND WERE NEVER, EVER, DAM LATE OR IN DEFAULT, WHAT A SHAM PHIL, HUH! SO, JUST IMAGINE THIS PHIL, YOU ARE FORCED TO ABANDON YOUR CAREER TO SAVE YOUR HOME AND YOU ARE NOT A LAWYER BUT HAVE SIGNIFICANT EQUITY IN YOUR HOME OF 15 YEARS AND THE SCUMMY BASTARD, GREEDY BANK WANTS THE EQUITY AND CLEAN DEED/SCRUBBED DEED AND DOES NOT CARE HOW MUCH YOU PAY THEM AS IT IS MORE LUCRATIVE TO COMMIT FORGERY AND FRAUD AND THEN CLEANS THE DEED AND SNATCH THE EQUITY IN A FRAUDULENT FORECLOSURE SCAM, AND DOUBLE DIP AGAINST THE INSURANCE! WHAT THE HELL WOULD YOU HAVE DONE! JUST WHAT I DID, BOUGHT NCLC, TRUTH IN LENDING AND CONSUMER CREDIT, PROFESSIONAL LAW PRACTICE SERIES AND YOU WOULD HAVE SPENT 3 YEARS READING, AND READING, AND READING, AND READING AND READING, BUT, YOU GET THE PICTURE?

    READ OUR BLOGS ABOUT THE SCUMMY LEHMAN PLACED FROM PILLSBURY DOUGH LAW FIRM PLACED LAW PARTNER BK JUDGE, MAFFIA/HAND SELECTRED DOJ TRUSTEE AND THE BK CLUB PHIL….OH,………DID WE MENTION THE FORECLOSING LAW FIRM WAS ALSO IN ON THIS BK CLUB SCAM PHIL……AHHHHH, WHAT THE HECK, IN OUR LEISURE FORCED FINANCIAL DECLINE, WE HAVE SEEN IT ALL AND HAVE LOST EVERY DIME OF OUR LIFE SAVINGS DEFENDING AGAINST A DAM CRIME THAT OUR F _ _ KING GOVERNMENT KNOWS ABOUT, ALONG WITH THE DAM FBI, HUD, OCC, FTC, GOVENOR, CONGRESS, SENATORS, OBAMA, CAUSE WE HAVE WROTE THEM ALL……..AND, ALL THOSE ROTTEN BASTARDS WHO NEVER BOTHERED TO DO THEIR DAM JOBS AND ARE BEING PAID WITH MY DAM TAXES, SO, NO, WE DON’T HAVE ANYMORE GOD DAM MONEY PHIL AS THE SCUMMY ASSHOLE LAWYERS WHO WE RETAINED……..UNDER RETAINER AGREEMENTS AND WHO WE PAID PHIL……..F _ _KED US BUT GOOD!

    AAAAHHHHHH, NOW, THAT’S A LITTLE BETTER PHIL, WE HAVE THE PATROLIUM JELLY, READY AND BY OUR SIDE NOW…….HEY PHIL, THAT WE HAVE LAID THE GROUND WORK OF OUR PARTICULAR CIRCUMSTANCES AND ALL THOSE DAM MORTGAGE PAYMENTS WE HAVE NOT BEEN MAKING FOR THE PAST 2 YEARS THAT ARE STASHED SAFE AND SOUNDLY UNDER OUR BED, BECAUSE THE SCUM SUCKING LENDER DECIDED THEY WERE GOING TO FORECLOSE FRAUDULENTLY YET AGAIN AND STARTED REFUSING OUR PAYMENTS 2 YEARS AGO AND, OH…..BY DAM FACT PHIL, AS OUR NOW RETAINED HONEST LAWYER HAS ATTESTED TO IN OUR NOW 2ND AMENDED COMPLAINT PHIL, WE WERE PREPAID PHIL, THAT IS RIGHT, PREPAID, YUP…….PAID ALL THE WAY THRU 11/2008 PHIL, JUST A LITTLE HARD TO IMAGINE HUH PHIL!!!!!!!! BUT JUST MAKES ME BELIEVE THERE ARE SO MANY MORE JUST LIKE US PHIL, PLENTY MORE PHIL! BUT, CHEW ON THIS PIECE OF PUD HERE PHIL, YOU ARE NOW READY TO RETURN TO WORK PHIL IN YOU LICENSED PROFESSION, AND, GUESS WHAT PHIL, YOU GOT IT, THERE IS NO DAM WORK OUT THERE NOW PHIL!

    IMAGINE IN YOUR AREA OF SPECIALTY, YOU WERE CAPABLE OF KNOCKING DOWN 200K A YEAR PHIL, JUST IMAGE THAT PHIL BUT, GUESS WHAT THE HELL ELSE PHIL, YOU HAD TO SPEND 3 YEARS STUDYING BORING ASS LAW BOOKS TO SAVE YOUR HOME FROM YOUR SCUMMY LENDER WHO FORGED LOAN DOCUMENTS CHANGING YOUR CONVENTIONAL 30 YR. FIXED RATE LOAN TO A SCUM SUCKING PAYMENT OPTION LOAN!

    A SCUMMY LENDER, LEHMAN, WHO OWNED OVER 5% IN WELLS FARGO, THE LOAN THAT WAS BEING PAID OFF WITH THIS LEHMAN’S DAM LOAN, AND, IN THE PROCESS OF PAYING OF THE DAM LOAN PHIL, THEY, LEHMAN & WELLS FARGO, DECIDE THAT YOU ARE SO STUPID THEY ARE GOING TO PAYOFF ALMOST THE SAME BALANCE YOU HAD ON THIS LOAN 6 YEARS EARLIER!

    JUST IMAGE PHIL, YOU ARE A LITTLE STUPID, BUT HEY, NOT THAT STUPID THAT YOU SUSPECT SOMETHING IS WRONG WITH THE PAYOFF BALANCE, SO WHEN YOU GO TO SETTLEMENT YOU POINT OUT TO THE SCUM SUCKING SETTLEMENT LAWYER THAT THE PAYOFF BALANCE APPEARS TO BE TOO HIGH AND DOES NOT LOOK RIGHT AND THAT THIS SCUMMY GOOD OLD BOY FROM YOUR NEIGHBORHOOD, WHO YOU KNOW AND THOUGHT YOU COULD TRUST, ASSURES YOUR DUMB ASS, (CAUSE YOU CANT COMPUTE INTEREST ETC.,), THE BALANCE IS RIGHT AND, THAT IF THERE IS AN ERROR THE HONEST BANK WILL REFUND THE DIFFERENCES WHEN, BY FACT, AS OUR NOW RETAINED LAWYER HAS PLEAD ALSO, THEY STOLE FROM US AT CLOSING TOO PHIL! HEY PHIL, THE SCREWING IS GETTING READY TO BE RATCHETED UP A NOTCH HERE, SO JUST HOLD ON AS THIS AINT GOING TO HURT YOU A BIT, GUESS WHAT ELSE THEY STEAL PHIL, ALL YOUR PREPAIDS, I.E, THE TAXES YOU JUST PAID THE MONTH BEFORE YOU CLOSED ARE NOT CREDITED, NOR ARE YOUR ESCROWS OR INSURANCE THAT WAS JUST PAID THE MONTH PRIOR BUT, WHAT THE HECK IS A LITTLE MONEY BETWEEN FRIENDS RIGHT PHIL????????? HECK, WITH ALL THAT MONEY WE ARE SAVING NOT MAKING A MORTGAGE PAYMENT AND THAT IS STASHED UNDER OUR BED……..YEAH…..

    OH, DID I TELL YOU THAT THE ECONOMY IS NOW IN A DEPRESSION PHIL, NOW, THAT YOU HAVE FOUND HONEST, ETHICAL COUNSEL PHIL, SOME DAM 5 YEARS LATER PHIL, AFTER WE WASTED 4 YEARS READING THE LAWS MY LAWYERS WERE PAID TO KNOW PHIL, SO, NO, DO NOT ASSUME WE LOW LIFE, NONE PAYING DEAD BEAT HOMEOWNERS OUT HERE ARE ROLLING IN DOUGH CAUSE, GUESS WHAT PHIL, WE ARE NOT ONLY THE FAT CAT BANKS, MORTGAGE BROKERS, INSURANCE COMPANIES AND LAWYERS ARE PHIL, THE REST OF US ARE JUST SORRY SOBS!

    WHAT A MESS HUH PHIL, BUT YOU KNOW THIS CANNOT BE POSSIBLE AS MORTGAGE FRAUD IS A 30 TRIP TO JAIL IF YOU A CONSUMER…..NOW, EVERYONE/CONSUMERS KNOW THIS OF COURSE……AND, WHAT THE HEY, WE LAWS AND POLICE TO STOP AND PROTECT CONSUMERS FROM THESE TYPES OF OUTRAGEOUS AND EGREGIOUS, FRAUDULENT ACTS BESTOWED UPON WE LITTLE CONSUMER BY PROFESSIONALS, CORRUPT BANKRUPTCY JUDGES, CORRUPT TRUSTEES, CORRUPT LAWYERS, BANKS AND BUSINESSES, RIGHT PHIL? NAHHH, IT IS JUST THOSE LITTLE CONSUMERS WHO ARE SUBPRIME AND HAD BAD CREDIT AND WHO COULD NOT AFFORD THEIR HOMES ANYWAY RIGHT…….IS THAT NOT WHAT YOU ARE SAYING ABOVE……… BUT, YOU WHAT PHIL, YOU JUST DON’T KNOW PHIL, WHAT IS REALLY HAPPENING OUT HERE LITTLE BUDDY OR, YOU ARE ALSO PART OF THE PROBLEM, ONE OR THE OTHER, NO MIDDLE LINE BEING OFFERED HERE…….

    OUR GOVERNMENT KNOWS TOO AND JUST ALLOWS THIS TO GO ON PHIL AS THEY ARE TRYING TO SAVE THE MONEY WE HAVE PAID THEM IN FUTURE ENTITLEMENTS, SO, THEY ARE JUST GOING TO WIPE OUT AN ENTIRE GENERATION OF BOOMERS HERE PHIL, WHAT THE HECK, OUR PARENTS PROLIFERATED LIKE RABBITS & ROACHES AND THERE IS JUST TOO MANY OF US NEARING RETIREMENT SO, ANSWER, WE COULD LIGHTEN THE LOAD CONSIDERABLE IF WE CAUSE A COUPLE OF EARLY DEATHS FROM THE ENORMOUS BURDEN OF HUSTLING THOSE POOR, WALL STREET BANKERS INTO LENDING US MONEY WE DID NOT DESERVE BECAUSE WE ARE SUBPRIME AND, OF COURSE HAVING SATCHELS FILLED WITH THEIR MORTGAGE PAYMENT MONEY STASHED UNDER OUR BEDS!

    WE APPLAUD YOU PHIL FOR GETTING INTO THIS LINE OF WORK, WHAT HAPPENED, THE LENDERS PACK UP AND LEAVE TOWN AND YOU CANNOT DO THOSE LUCRATIVE SETTLEMENTS ANYMORE AND YOU MIGHT FIND YOURSELF HOMELESS TOO PHIL, IS THIS HOW AND WHY YOU GOT INTO THIS AREA OF PRACTICE PHIL?

    PLEASE SHARE WITH US OR, DO YOU JUST HAVE A BLEEDING HEART FOR LOWLIFE, LAZY PEOPLE WHO JUST DO NOT WANT TO EVEN PAY THEIR MORTGAGES AND, THEN, INSULT TO THIS INJURY, WE WANT LAWYERS LIKE YOU TO REPRESENT US FOR FREE PHIL? IS THAT WHY YOU RECENTLY GOT INTO THIS AREA OF PRACTICE NOW…..PHIL?

    WHERE WERE YOU 6 YEARS AGO WHEN WE NEEDED YOU PHIL, CLOSING LOANS FOR MR. SCUM SUCKING LEHMAN? OR, BETTER WELLS FARGO, WACHOVIA OR CITIMORTGAGE? PLEASE SHARE, AS WE WOULD LOVE TO HEAR WHAT YOU WERE DOING WHILE WE WERE LAYING AROUND OUR HOUSE MAKING MORTGAGE PAYMENTS SOME MONTHS……IN ADVANCE……WHILE OUR F _ _KING SERVICER AND LENDER SCHEMED, AND CONTINUE TO SCHEME, TO STEAL OUR HOME VIA EXTORTION, TREASON, FRAUD AND STICKUP BY HUD-1!!!!!!

    AHHHHHHH, THE SMELL OF MONEY,…………YES PHIL, IT WAS SO MUCH EASIER FOR ME TO REFUSE 200K A YEAR IN EARNINGS AND JUST LAY AROUND MY HOME READING AND TALKING AND WRITING FOR THE LAST 6 YEARS……AHHHHHH, WHAT A LIFE, WANT TO TRADE PLACES PHIL……..?

    SURE, I UNDERSTAND, YOU HAVE DEADBEAT HOMEOWNERS HOMES TO SAVE, HOMEOWNERS WHO, NOT LIKE US, COULD NOT AFFORD THEIR HOMES TO START WITH, HOMEOWNERS WHO, NOT LIKE US, HAD CREDIT SCORES WELL BELOW OURS OF 700 PLUS, HOMEOWNERS, WHO ARE LAZY AND JUST WANT SOMETHING FOR NOTHING, AHHHHH, WHAT A NOBLE MISSION YOU ARE ON PHIL…….KEEP UP THE GOOD WORKS TOO PHIL AND JUST REMEMBER IN THE FUTURE PHIL, THERE ARE MANY EXCEPTIONS TO THIS WHOLE THING!

    SO WITH ALL DUE RESPECT PHIL, BEFORE YOU DRAW GENERAL CONCLUSIONS ABOUT THE BLOGGERS UP HERE, COME AND WALK IN OUR F _ _KING SHOES FOR THE PAST 6 YEARS AND WE WILL HAPPILY ACCEPT YOUR SALARY, OR, BETTER YET, THE MONEY WE WERE ENTITLED TO EARN OVER THE PAST 6, HELL RIDDEN YEARS, BUT, WERE OBSTRUCTED FROM EARNING DUE TO OUR BASIC NEED TO CLEAR OUR NAMES, CLEAR OUR CREDIT, OF COURSE WHO NEED GOOD CREDIT ANY OLD WAY FOR THOSE JOBS AND CONTRACTS, NOT US PHIL, CLEAR OUR TITLE AND, WHAT THE HECK, LETS JUST THROW THE SINK IN TOO AND HAVE A ROOF OVER OUR HEADS, THAT WE PAID FOR AT ALL TIMES,………GUESS WE JUST SHOULD OF LET LEHMAN, AURORA, CITIMORTGAE, WHITE LAW FIRM, MERS, BK JUDGE, DOJ TRUSTEE SCUM, THRU SHAM PROCESS TAKE OUR HOUSE AND THE 300K IN EQUITY RIGHT PHIL?????????? THIS IS WHAT YOU WOULD HAVE DONE RIGHT! OH, DID I MENTION THEY DESTROYED OUR CREDIT PHIL? HMMMMMMM, THAT MIGHT HAVE SLOWED YOU DOWN IN FINDING HOUSING JUST A LITTLE, YOU THINK PHIL?

    HMMMMMMM, SEEM A LITTLE ON THE YOUNG SIDE TOO PHIL, SAY ABOUT 30 SOMETHING PHIL? WELL, YES, WE WILL TRADE OUR AGES TOO PHIL, SAY EVEN SWAP, 55 FOR 30 SOMETHING PHIL……HMMMMMM, SAY YOU LIKE THAT TOO HUH PHIL, BUT YES, OF COURSE, WE HAVE THE SHOES SPIT POLISHED FOR YOU PHIL AND THEY ARE WAITING FOR YOUR BIG FEET TO STEP RIGHT ON IN AS, YOU KNOW……. AND DON’T FORGET PHIL, WE HAVE TONES OF MONEY WITH ALL THEM THERE MORTGAGE PAYMENTS WE HAVE NOT BEEN MAKING STASHED RIGHT UNDER OUR BED WHEN YOU GET HERE PHIL…….RIGHT, IS THIS NOT WHAT YOUR POST WAS IMPLYING PHIL?

    WELL, PHIL, HASN’T THIS BEEN JUST LOADS OF FUN WALKING IN OUR SHOES TODAY PHIL AND, IF YOU LIKE, OR ANY READER UP HERE, WOULD LIKE A COPY OF OUR LAW SUIT, PLEASE EMAIL US, timcotten@mris.com, TIM & KAT

  71. This message is for Phil Taylor. What stae are you in? I would be willing to pay a reasonable fee to someone who actually knew how to defend a foreclosure. Seems that too many lawyers are just not informed enough to provide a good defense. The fact that you are on this blog tells me you already know more than most regarding this subject.

  72. to make a long story short here goes. i am disabled. i paid down on a house in 2005 but could not qualify for a loan. the broker suggested i find someone to sign for the mortgage on my behalf. my brother offered and was told by the broker that he has to quitclaim to me after the closing. they vowed to help me with my credit and in a year i would refinance the loan. i moved into the house in 2007. i paid the amount agreed. i started to get default notices two mths later. i discovered there was another loan for $450 which i definately did not agree to and my brother claims he did not sign for. i wrote to all the gov. agencies and explained my plight. the loan was found to be in violation of FL Statutes 494. i short paid for three months because my mum came to help out and could not find a job. then in jan 2008 i found out my brother paid my shortfall. we were not on speaking terms since he refused to cure the matter of the extra loan, refused to sign the quitclaim deed plus blamed me for not being able to afford a mortgage i did not agree to, then lied that we had a rental agreement and tried to evict me and also tried to sell my house. i got an attorney at legal aid to stop him after i proved that i made all the payments and downpayment. in April 2008 i tried to make a payment through the loan patment centre. i was told that i was paid up through August 2008. i did not understand. my brother did not make any payments and i was calling to pay my April mortgage. for months i called and nobody would talk to me. still he refused to sign the quitclaim deed. in june 2008 i got a letter from my insurance broker. he wrote to tell me my property was refinanced. a few days later i also got a letter from my insurance company informing me of a change in mortgagee. i immideately sent a payment via my bank to the new lender. my payment was refused so i called customer service. they would not talk to me. i sent the payment again, again refused. in july 2008 i was served with foreclosure documents from the new lender. i called their customer service dept and their attorney still nobody would talk to me. i called legal aid, however they were not taking new cases. i replied to the foreclosure and explained that i was not informed by my brother, the old lender or the new lender. they did not send any correspondance to my address in his name as they normally do and that the loan violated the truth in lending law. i found out that the old lender spread all the payments out to cover the small loan only, then sold the larger loan. in the foreclosure documents the new lender claims they took over the mortgage in jan. 2008, but i was paying the old lender which i can prove since all the payment were made from my account, plus the insurance statement i received in feb 2008 only has the old lender listed as mortgagee.i stopped paying the mortgage since i was waiting to hear from the courts. in September 2008. i got a letter from the old lender informing me that i was in default for two months. i sent the payment in and it was accepted and is still being accepted. i went to court in feb 2009 and i was given time for my brother to sign the quitclaim deed.
    i cannot afford an attorney so i will have to act as pro se. can i subpoena him?

  73. As an attorney who is feverishly studying the mortgage meltdown problem and actively preparing to jump into the deep end of foreclosure defense work, I have to make the following comment regarding what we, as attorneys, do and how we make our living.

    For starters, I personally will not make an Entry of Appearance for any prospective client without being retained. The lack of consideration makes the Representation Agreement void. Since we’re dealing with residential property (homes) one would think that not making a mortgage payment for several months would equate to some nominal discretionary savings. Perhaps not. I don’t want to over-generalize or sound assumptive. Life happens and sometimes bad things happen to good people. Nonetheless, I know the amoun of work that will go into defending a home against foreclosure. Why would I plan on spending those hours working for free or based upon an outcome? This area of law is so new that Judges are having to be educated. Some get it while others don’t have a clue and will continue to rubber stamp pleadings filed by Foreclosure Law firms. With bills of my own and a family to feed the choice then becomes elementary. A client either finds sufficient funds to hire legal representation and expertise or they have to defend themselves on a pro se basis. While wanting to be somewhat altruistic, my finances simply don’t allow me to give away my stock in trade which is time and knowledge.

    Now, if a prospective client wants to sign a contract that hybrid, I might consider taking them on but I don’t feel that’s totally necessary since 85% of the foreclosure cases we’re seeing are not even ripe and the borrowers are actually current. We perform a forensic TILA audit using a Certifed Fraud Examiner and we make our appearance. We then sling the kitchen sink at the opposition raising as many defenses and counterclaims as we can and we put every player on notice that we WILL be attacking their E&O polices. With federal law (TILA, RESPA, FDCPA, FCRA, etc.) providing for attorneys fees, costs, and statutory penalties I’m sure some financial arrangement can be worked out, but this lawyer will not step into the ring unless his client has some of their own skin in the game. Otherwise, whatever result is earned lacks incentive.

    The bottom line is if we perform the way we’re supposed to the willingness to pay a reasonable sum for such services should be priceless.

    Think of all the work that’s being done. We’re defeating a foreclosure action, scrubbing the deed clean of any outstanding debt, quieting title, earning a majority of our fee through statutory provisions, and restoring your credit through remediation. And none of that has value? Get real. Any fee that is paid / earned less than the existing debt is a bargain in my opinion.

  74. I fear that my case may end up like the story like tim told I hired him in july & still have not seen any affirmitive action in or out of court to stop the trustee’s sale, defend my property , and sue the lender for violations. What the hell am I supposed to do ? I got less than a month left!

  75. My wife and I bought our home on June 06, on Fairfax County Virginia. Both our names are on the tittle but the loan was done just on my name. I lost my job in October and haven’t made payments since December.
    I’ve been in “conversations” with Indymac and at this moment they seem open to a modification but nothing in “black and white” yet.
    My wife has been preapproved for a Back loan (she makes good money) for another property at the actual prices.
    We don’t want to foreclosure, but will have to do it if we don’t get a reasonable deal.
    Would my wife have a legal, economical responsability or liability on that foreclosure.

  76. Miguel: I don’t know what state you are in (geographically, not emotionally). If you are in a judicial state then they must sue you in foreclosure and you can use the strategies reported on the blog to force them to either admit they have no authority to be in court, much less take the property and sell it, or even file other defenses, affirmative defenses and counterclaims. Pro se litigants are doing pretty well so far and there are more and more lawyers willing take on these cases as they realize that there is big money they can make. FIRST, GET A FORENSIC REVIEW. I SUGGEST YOU GO TO THE BLOG “IN TROUBLE NOW” AND DOWNLOAD THE INTAKE FORM. IF YOU DO NOTHING ELSE IT WILL HELP YOU ORGANIZE YOUR INFORMATION AND YOUR DOCUMENTS. THEN GET SOME PRELIMINARY REVIEW TO SEE WHAT AN EXPERT THINKS ARE SOME DIRECTIONS YOU CAN TAKE AND THEN GET THE FULL FORENSIC REVIEW (NOT JUST THE TILA AUDIT), INCLUDING CHAIN OF TITLE, SEC FILINGS AND CAUSES OF ACTION. The forensic report alone might convince a local attorney to take your case completely on contingency. Go to the BLOG (Foreclosure Defense Forms) if you are going to do this yourself BUT remember that this is heady stuff and you should at the very least consult with local, licensed counsel — i.e. a member of the Bar. Recent introduction of new legislation might make it easier to obtain a result in bankruptcy court than elsewhere, if it is signed into law.

  77. i need help with my mortgage loan, i need an attorney or information how to stop a forclosure, i recieved a notice of default letter dated january 8th, i dont want to loose the property, their is tenants that live their now, i believe their is tila violation on this loan need help, please advise, need attorney that does not charge alot or no up front fees please help…

  78. Linda, seek the non-governmental agency, 3rd party private loan modificaiton companies or talk to your lender and explain the situation and ask for modification of your loan.
    If ever you are late for 3 months or more, the bank will not get your house at least you can stay 9-12 months and I had afriend even 2 years they are still although they decided to give agawy their home. There are lender that even if youfiled bankruptcy, they allow you to modify the loan if you are still interested to have back the home. My friend worked with the law office of montegna in Chicago, Il 60618 7735888776,www,maximondoloanmod.org and they ahve those situatino. Good luck for your endeavor andtry to fight and be stron.

  79. I live in Utah and got involved in a bad investment that I never could have afforded. I should not have been given the loan in the first place. The bank was Silver State bank which went out of business for giving bad loans and the FDIC has taken over. They have agreed to a short sale of the property but want me to be responsible for the tax liability. There is no way that I can afford it. Is there anything that can be done to help this situation?
    Thanks

  80. I would like to stay in my home. My husband passed away December 2, 2008. I am two months behind in my mortage. His income died with him and I had to wait for what little life insurance he had. My lender is Flagstar and they say that they are going to foreclose as of Friday, January 30 at 5:00 pm if the payments are not brought current. I need them to modify my loan at a slightly lower rate or a 40 year something so I can afford the payments. I have a steady job with the state of Arizona for 12 years. The life insurance that I got will pay off all of my other bills. All I will have is my mortage and utilities. My cars and furniture were already paid for. All I have to do is pay off some credit cards and one unsecured loan. They won’t even talk to me how do I get them to listen and negotiate?

  81. IF IT LOOKS LIKE A DUCK……

    Neil, was contacted by several bloggers here from your site who communicated to me thru hearsay, that Maryland lawyers Chris Brown and his firm, allowed two referrals of his to go into foreclosure and the consumers have lost their homes; again this is hearsay however he reported the firm failed to take any affirmative actions to stop the foreclosure and only took the consumers money and provided no foreclosure services, again this is hearsay however my own experience when contacting this lawyers office were less then GOOD; I WAS EXTREMELY UNIMPRESSED THAT THEY JUST WANTED THE 200.00 CLAMS TO GET ME IN THE OFFICE AND DID NOT GIVE A SHIT ABOUT MY CLAIMS; ALSO, have another local blogger who I talk with on a daily bases and who reported they were scammed by this law firm in that they paid a whopping 2000.00 for an audit and case evaluation however never received ANYTHING FOR THEIR MONEY! AGAIN, THIS IS HEARSAY AS WE WERE NOT THERE BUT WE BELIEVE THE CONSUMER! THIS CONSUMER IS NOW USING OUR LAWYER FOR WHO WE WILL NOT MENTION AT THIS TIME AND UNTIL WE ARE SURE ABOUT THE SERVICES BEING PROVIDED US AS WE HAVE BEEN SCREWED DEVOID OF P-JELLY NOW THREE TIMES BY OUR OWN RETAINED COUNSEL. WE TALK TO MANY PEOPLE FROM MARYLAND WHO REPORT SIMILAR RUN INS WITH THIS FIRM; THERE IS A WELL KNOWN BLOGGER UP HERE WHO I WILL ENCOURAGE TO COME FORWARD, WHO ALSO REPORTS SHORTCOMINGS WITH THIS FIRM! IN FACT, HE REPORTS THE SCUMMY SOBS ARE ONLY DOING A DIS-SERVICE TO THE CONSUMERS AS THEY WILL ONLY DO LOAN MODIFICATIONS! WHAT A SCAM AS THIS THEN SQUASHES THE CONSUMERS RIGHTS TO BRING VALID TILA CLAIMS AT A LATER TIME BECAUSE THE SCUMMY SOB BANK MAKES THE CONSUMER WAIVE HIS RIGHTS TO ALL LEGAL RECOURSE! WE HAVE BEEN SCREWED OVER NOW BY 3 LAWYERS AND MUST SHARE THE WORD WITH YOUR READERS SO THEY MAY BE ON NOTICE AND DEFENSIVE WHEN CONTACTING THIS FIRM AS ACCORDING TO SEVERAL CONSUMERS, THE EXPERIENCE HAS BEEN TRAGIC AS THE LAWYERS FAILED TO GET IT RIGHT AND FIGHT THE FIGHT! AGAIN, WE WERE VERY TURNED OFF WHEN WE CONTACTED THIS FIRM AND NEVER EVEN BOTHERED TO SCHEDULE A 200.00 RIP OFF MEETING AS IT JUST LOOKED LIKE ANOTHER FAT DUCK TO US! CONSUMERS, IF YOU ARE READING THIS BLOG AND HAVE HAD A BAD EXPERIENCE WITH THIS FIRM PLEASE BLOG ABOUT IT FOR THE SAFETY AND WELL BEING OF OTHER UNSUSPECTING CONSUMERS AS THIS IS HOW WE PROTECT EACH OTHER FROM IGNORANT OR JUST PLAIN OLD BAD LAWYERS WHO DO NOT WANT TO GET IT RIGHT BECAUSE IT IS JUST TOO EASY TO FUMBLE THE BALL FOR THE BANK! Local Marylanders you may contact me at timcotten@mris.com

  82. What should a homeowner do if the state in which he resides (MD) allows a trustee to foreclose with just a deed of trust instead of the original note. Is it possible to dismiss a chapter 13 and refile a chapter 7 and still contest the mortgage within chapter 7.

  83. the lender on my first & second was world savings with HSBC having a third. I filed BK the day before the sale that stoped the forclosure. The attorney said we could lein strip the second & third and the court confirmed the case. 6 mos latter I get a letter from the attorney saying the value at the time of fileing was to high to be able to strip the second. But if I were to file today the value would be low enough to work. When I went to speak to the attorneys a young inexperienced attorney said to let the case dismiss & re file. I had would have had 2 dismissed cases with in 12 mos and would not have been eledgible to file a 3 rd case. It is now past the 12 mos time period and my case will dismiss around Jan 17, 2009 I’m looking for options & will the lenders have to notify me of a new sale date or can they just proceed with the sale any time they see fit??

  84. check Lawyer’s who get it. TRO, Mortgage review and audit, and complaint.

  85. I am facing a trustee sale on the 20th of jan
    do you have any suggestion on how to stop it?
    any good lawyers in riverside county?
    please !

  86. Seidu
    DC, Maryland, Virginia contact lawyers Chris Brown or Emmit Robinson, both listed under “Lawyers that Get It” link. If the debt is listed on the BK schedules as “unsecured” then the lender(or lenders lawyer) is in for a suprise when the motion is denied because according to the BK schedules(if properly filed)list the mortgage obligation as an unsecured debt …shows the BK trustee he(creditors lawyer) never even looked at the schedules before filing the motion….

  87. What next should I do if my bankruptcy attorney refuses to challenge the lender to produce the origial note. I am in chapter 13 and I placed my lender as a contigent liability,however. I ‘ve just received a letter from the court that the lender has filed a motion to lift stay and a response is needed by 01/09/2009. I am a resident of maryland and I need help.

  88. I have a question? What does one do when the owner of a home is swindled by individuals who lead her to believe that since the owners beneficiaries are drug addicts it would be in the owners interest to place it in their hands (Supposedly a trust, but never done), gets the owner to take out a line of credit loan, then utilizes all the money, and then sells, does quitclaims, etc, etc, for like 6 years, and eventually it all collapses into being sold at auction, the owner passed away, and the beneficiaries starting to find out all the swindles had been done over the years, absentee owners, tax assessor documents listing the 3 bedroom home as a 5 bedroom home, to the point where they are now faced with being in the middle of a Unlawful Detainer action in California and have tried to get their local law enforcement to investigate the elder fraud, real estate fraud, to no avail. They have no money and have continuously lived on the property as homeowners for the last 6 – 7 years while all this went on never seeing an appraiser, or anything until they were receiving the 5 day summons for the UD. Mind you through our own attempts to unravel all this mess, we have come to find out the swindlers have done this to at least 30 other properties including their own and Parents as well. They truly need help, they are so naive as to the laws and bad people. Yet they are good people who made a few mistakes in the past. The swindlers are still using the deceased owner’s Sears card to shop with. Please point me in a direction to help them. They reside in the City of Norwalk, which is in Los Angeles County, California. Thank You

  89. a.Is there a recommended consumer advocate foreclosure defense attorney experienced in TILA, RESPA and FDCPA in Polk County FL located between Orlando and Tampa ?

    b. WHO is recommended by this site for a TILA audit ?

  90. I don’t have money to hire an attorney, everyone wants a retainer and we just cannot afford it. I’ve been working as a legal secretary for over 13 years so I am quite familiar with pleadings and the court systems. Maybe because this has been so emotional for me, but I don’t know or can’t seem to figure out which jurisdiction to file the complaint. The property is in Alameda County and we now have tenants in the house and we’ve moved to San Diego County. The two counties are about 500+ miles apart; the inconvenience would happen if we have to travel to hearings.

    Questions:
    1. Which USDC court should I file in?
    2. Our address is on forwarding with the USPS so if I have the property address listed on the pleadings, I would get mail forwarded to my rental house (one I’m in). Should I do this? If not, I will list my new mailing address in San Diego County and it would probably send alert to the lender/defendant that I am not residing in the property–one of the requirements is that it is my primary residence, right?

  91. Hello, My wife and I are fighting our foreclosure Pro Se. we have filed an extensive affirmative response/motion/answer to the lis pendens (we are still within the 20 day period) thanks to this website, we feel we have a great case for a TILA violation and recision of our loan. Is there any atty. in the Bradenton FL, or Manatee County that would be willing to help us?

  92. Lena – if the loan is not yours then your credit will not be effected. However, the Bank will try to foreclose their mortgage. There may be defenses to raise on your behalf as the party in possession. You may want to contact the real borrower and ask for her loan documents.

    Gary — Before I started my law firm, I represented banks in foreclosures in Miami, Broward and Palm Beach. I’m using my experience to help the borrowers.

    My firm is working with former bank compliance officers to review loans for TILA violations. Please call my office at (305) 350-5055. I would be glad to help.

  93. Hello! my name is on the Title of the property, but the loan is not ours. from one year we have been paying the monthly payments, but now we can no longer afford the monthly payments of the property. Please Advice. What should we do?

  94. hello

    who do u recommend to do the tila audit, and file legal briefs in tampa, fl

  95. [...] Andrew Galvin wrote an interesting post today onHere’s a quick excerptSo the first order of business is to realize that the judicial systems of each state govern foreclosure procedures, and that none of them were designed to handle a situation like the Mortgage Meltdown. The clerks in the courthouses, … [...]

  96. [...] FinancialClutter.com wrote an interesting post today onHere’s a quick excerpt You should consult with legal counsel if at all possible. Local rules and state laws differ, as do the application of bankruptcy laws in each state. That said, based upon the emails I am receiving, many people don’t have the money to hire a lawyer. Obviously this makes perfect sense since most of the people reading this blog are people who have not made their mortgage payment.   So the first order of business is to realize that the judicial systems of each state govern foreclosure procedures [...]

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