THE DANGERS OF DEFENDING YOUR FORECLOSURE CASE WITHOUT AN ATTORNEY

We have attempted to provide assistance here to attorneys and to people without attorneys. A good friend and colleague submitted the following piece which is well worth reading.

In reading through the many mortgage “horror stories” which I have seen both on your blog and elsewhere, it is understandable that homeowners who are being sued for foreclosure are frustrated with the system and that many have  decided, through their own reading and possibly because of financial issues, to defend their case themselves and proceed to court without an attorney. Doing so not may not only hamper a homeowner’s efforts to defend the foreclosure, but may make the matter worse and actually wind up accelerating the foreclosure process.
An increasing popular perception among homeowners who “surf the net” is that (a) I can look up defenses to the foreclosure on the web and learn them, and (b) I can do this myself without an attorney and do just as good a job as if I paid an attorney to defend me. Both assumptions are deplorably incorrect.
The area of law in mortgage foreclosure defense is evolving at a rapid and unprecedented rate. Never in the history of the United States have so many foreclosure cases been filed in such a short period of time. The Judges of the Courts, who are for the most part already overworked, now have caseloads which well exceed any capacity which anyone could have imagined and, as to foreclosure cases (which were historically disposed of on a 5-minute “motion” hearing with little or no opposition from the homeowner), each case now has the potential for going all the way to trial. Further, not every Judge is an expert in any one area of the law, and most do not have the additional time to learn or keep up with a rapidly evolving area of the law such as mortgage foreclosure defense. Most mortgage foreclosure cases are “blind assigned” by the Clerk of the Court, meaning that the homeowner’s case could be assigned to a Judge with little or no knowledge of current mortgage foreclosure defense law. Strike one.
Lawyers attend three years of intensive schooling just to learn “legalese” and prepare for the Bar Exam. Real “lawyering” comes years later after an attorney has practiced his or her craft for literally hundreds of thousands of hours. Litigation, which is that area of the law involving court battles, is a specialty in itself. Professional litigators have years of training and experience in not only learning the actual law itself, but applying it in the proper manner in court papers and argument through the proper procedure and properly before the Judge. As Judges recognize a litigator, the case can proceed much more smoothly and properly on the law (including the establishment of defenses) when a litigator is involved. Judges usually have little or no time or patience with non-lawyers who try to argue their own cases. Strike two.
  • As such, when a homeowner attempts to proceed in court without an attorney in defending a claim in a rapidly expanding area of the law, it is akin to going into battle against the Special Forces with a Boy Scout knife. The chances of a homeowner taking on the bank’s attorney and the Judge in their own backyard with no attorney can be likened to going into the Super Bowl with Donald Duck as the quarterback for your team. No insults are intended here as to homeowners; the homeowner just has to realize what is in store for them. The lender’s attorney is going to know that the homeowner does not know what is going on, so things may happen that probably would not happen if the homeowner had an attorney. Strike three, you’re out (of your house).
I would thus caution homeowners not to be “penny wise but pound foolish” when it comes to their foreclosure case. This is your home we are talking about here, and the defense of it is better left to the professionals. In sum, here is a piece of free legal advice to homeowners who want to defend their foreclosure case: “Don’t try this at home!”
Jeff Barnes, Esq.
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46 Responses

  1. Ray Quiroz, on November 19, 2008 at 5:46 am said:

    I am litigating my own defense and I got up to the Supreme Court of the State of new York Appellate Division Second judicial Department. My case is based on TILA Right Rescission Violation As well as the subprime practices and the predatory mortgage lending. I have submitted evidence of the fraudulently value of the property Usury: As a result of the artificially inflated “fair market values” utilized by LENDER et al, its agents, servants and/or employees, to induce the borrower to sign the mortgage documents and refinance the property, the effective yield now vastly exceeds the legal lending limit in the State of Florida as well as New York. I believed I am going the right way, of course If there is an Attorney who wants to work with me in New York

    Ray Quiroz May 13, 2013
    I am six years litigating my own case starting in the Supreme Court Queens county New York in 2007… this court dismiss my case as untimely I then filed an Appeal in the Appellate Division Second Judicial Department they also dismiss my case as untimely I filed an Appeal in the Court of Appeal Albany New York they again dismiss my Appeal based on claiming I did not filed properly to determine the action within the meaning of the Constitution under due process of Law, I then filed a complaint in the Federal Court for the Eastern District of Brooklyn New York this court dismissed my complaint because I did not served properly US Bank…I filed an Appeal in the Supreme Court of Appeal Second Circuit I hired an Attorney from Wall Street and he filed a defective brief to my Appeal I filed a motion to fired my Attorney and take my case back. …Appellees Homecomings Financial (“Homecomings”) and GMAC Mortgages (“GMAC”) filed Chapter 11 bankruptcy on May 24, 2012 this court stayed the above captioned appeal pending the lifting or termination of the automatic stayed….. and by the Order of the Court and Upon due consideration, it is hereby ORDERED that: (1) the Appellants’ motion for “Summary Judgment is CONSTRUED as a motion for summary reversal of the district court’s August 9, 2011 judgment dismissing the Appellants’ complaint; as so construed, decision on the motion is DEFERRED pending Homecomings and GMAC Mortgages the lifting or termination of the automatic stay, see 11 U.S.C. 362(a)(1); Johnson v. Morgenthau, 160 F. 3d 897,899 (2d Cir. 1998) (providing that this Court has “inherent power….to manage and control its docket”).

  2. Hello, defending our home in the courts system was all i have done for 3 years now. I am appealing a summary judgment . In my case I ask anyone out there for insight into what the best course of action would have been for us. In our case it was a refinance that i was shopping around for my boyfriend and to make a long story short, we went away on vacation and the lender and the broker had a closing i guess but how can a bank not have any closing documents signed and still have a legal title to a deed of trust. We have all the proof in the world to show the judge but we just did not know that the lender asked for summary judgment because they never served us with their motion. but you see without knowing what when where to do the necessary things your screw yourself. now looking back it seems all to easy to understand now that i have been through it . but let me ask you all if my boyfriends the one on the title but he does not know all the information that i do and it is my house also why would the judge not allow me to speak in open court after the plaintiff (my boyfriend) asked her to. anyways we were lied to from the begging i feel responsible because i trusted my sister and her friend as the broker. this was his ever first loan he had ever did but i never figured that someone along the way would finish our deal without having the signatures and closing necessary . We had a deposition of the notary and she testified that she did not ever see us before and that she did not have our signature in her notary book and that she recalled the lender calling her and stating that she had forgotten to notarize a deed of trust in the batch and she needed to send him an addendum he asked her for. Our judge said at one point in our case to the lender and us that oh well if there is only 2 causes of action this should be easy bring in the notary journal and thats it. The next court date as if the judge must have forgot what she said about the notary journal because we had the notary deposition and wanted to present it but she would not let us. The lender attorney twisted what was said by the notary to make it sound as if she knew how to notarize a document and you would never notarize a document because someone asked you to without seeing id and a thumb print or having them sign your book right. We had her other testimony where she said she knew what happened in our case it was lender and broker that were out for the mighty dollar and stole our house out from under us .

  3. I live in the Detroit area and went to the servicer to get assistance after losing a job. As with everyone else in this situation, the servicer never reviewed the our file, never sent a reason as to why or if we are declined. They just kept asking for documentation and sending letters.

    I became wise to their game and filed a complaint to the OCC and sent a couple QWR letters. Of course again the bank failed to comply with ym requests, the bank sent me the mortgage and note that was originally filed with the county. I said to myself, if they will not provide me with what I have been asking for and then told me that it would have to be subpoened. They might be bluffing and not have that documentation.

    Like others who were struggling to find the right attorney, I interviewed 5 attorneys and spoke with Jeff Barnes as well. Though Jeff was a little out of my price range. I contacted an attorney who I had represent me in a consumer case. After talking with him for about a half hour, I found him to know his stuff regarding securitization, assignments…etc. He knew I worked for banks and knew extensively about securitization.

    So, I hired him. We filed the suit in November 2011, and the defendant’s have moved it to federal court. I know him to be a fighter and works hard for his clients. In our conversations, he flat out tells me how corrupt the courts are and even when he has all the evidence in the world to win, the judges turn a blind eye.

    I told him, the purpose in hiring you is not to ultimately gain quiet title, but if you are going to lose your home, to get compensated for the banks wrong doings and try to negotiate that the bank will not come back for a deficiency judgement.

    If by chance the banks and their attorneys screw up, which they do, then the homeowner might score a big win.

    Too many people look at their home as a right or entitlement. It is bar none an investment. If you are like me, where you are $100k underwater, then you have to know when to cut your losses and save your money. Remember, your mortgage is an investment to the banks and investment firms, not just a debt.

    When I look back at buying this home, I should have just rented and took the difference in cost savings to invest in the market. With my knowledge, instead of losing $100k, I could have made that in the markets.

  4. Julie
    I have been in contact with Jeff Barnes. I am trying very hard to get him involved in Wis. Could you educate me more about Jeff? Here is my email
    studly26@hotmail.com.
    Stan
    Racine WI

  5. STAY AWAY FROM JEFF BARNES and any other co lawyers he refers you to, we are from California and he not only gave the worst advice but finally he put another Lawyer on a case who demanded up front $4500 retainer and a bunch of other bs fees. Keep in mind, there were NO PROMISES of anything except to forestall the sale, I finally found a solution and told them I would not be going with him and I ended up getting harassment emails, texts and phone calls from these “professionals” Jeff Barnes and his lawyer friends, stating I will lose my house and many other hostile comments! do yourself a favor and research research and get WORD OF MOUTH REFERRALS! I have been burned too many times to get anther greedy predator lawyer “trying” to help me lose both my money and my house! Also I lost money to Jeff Barnes for something I could have done myself for free, write one letter! yes I am upset at myself for being desperate and believing what I wanted to hear, that for an exorbitant fee they could save my house.

  6. I agree totally with Jeff Barnes, Esq. In fact, I have referred several friends to him and he has performed extremely well. In fact, for one friend, he has stalled a case in N.C. – a non judicial state – when my friend was told by other attorneys he could not defend and to make arrangements to move. Mr. Barnes stepped in and my friend is still there almost 2 years later.

    Yes, I, as a consumer advocate, also say “hire a ‘Knowledgeable’ foreclosure defense attorney. There are now many like Jeff Barnes around the country. As he says, it has been a rapidly growing and changing law specialty – one which attorneys must stay current on.

    However, in response to some, it is ever more difficult for many to afford legal fees as much as they would like to. Unemployment has increased over the years and many have been unemployed for years and are not officially on the record as they no longer receive even unemployment.

    A recent report stated that 50 million Americans go hungry at least four days a week and that same report told of one volunteer in a food kitchen who know is in need of the meals herself where she once was able to donate.

    The sad reality is the reality. So tell me if I am wrong. It is better to at least attempt to represent yourself Pro Se by at least responding the the summons within 20 days (in judicial states) instead of letting the case go by default. This at least will buy the homeowner some extra time to make other arrangements or to work out arrangements with a foreclosure defense attorney.

    There is a lot of self help found on this blog, Mr. Barnes’ blog and other blogs. There are answers that can be modified and used, interrogatories that can be filed and used as well as many other motions filed in actual cases.

    To be Pro Se requires a lot of time and research and yes, as Mr. Barnes says, you might stub your toe and possibly hurt yourself but at the very least by doing something you buy some badly needed time.

    Bottom Line: Hire An Attorney but if you ABSOLUTELY CANNOT for what ever reason – DEFEND YOURSELF Pro Se.

  7. I just don’t know how to find help…My mothers mortgage company, Chase, approached us on help in lowering interest since we had been able to keep up on payments..even though it has been difficault…I have P.O.A. she has been totally bedridden since 2002 when P.O.A was drawn up. I take care of her in her home that she purchased. She will never be eligble for services and has to payout of pocket for homecare, medical issues, supplies, transportation..money has dwindled over there years and I have had to lay off caregivers and am now homebound with her with no means of bringing any more money. Chase will not honor her POA, they have her own, which of course she can not sign. Now we are behind a month of payment due to all this..they even asked to fax existing POA with the intention of not honoring it. I don not want to become homeless because of this stupidness. It is now difficult to leave the home to even get food because we must pay the minium of ten dollars an hour to relieve me. Is there any way to fight them on this…especially when they came to us with the offer and we did not seek them out. I get the feeling they have no intention on letting me get to the point where I can pay off the mortgage, just make it worst for us…I do not want to become homeless after caring for my mother for the last ten years..is there help…looking everwhere.

  8. [...] #split {}#single {}#splitalign {margin-left: auto; margin-right: auto;}#singlealign {margin-left: auto; margin-right: auto;}.linkboxtext {line-height: 1.4em;}.linkboxcontainer {padding: 7px 7px 7px 7px;background-color:#eeeeee;border-color:#000000;border-width:0px; border-style:solid;}.linkboxdisplay {padding: 7px 7px 7px 7px;}.linkboxdisplay td {text-align: center;}.linkboxdisplay a:link {text-decoration: none;}.linkboxdisplay a:hover {text-decoration: underline;} function opensingledropdown() { document.getElementById('singletablelinks').style.display = ''; document.getElementById('singlemouse').style.display = 'none'; } function closesingledropdown() { document.getElementById('singletablelinks').style.display = 'none'; document.getElementById('singlemouse').style.display = ''; } Righthaven Ignores Judges Order Commits Fraud Upon The CourtJudges Waking Up To Fraud on the CourtTHE DANGERS OF DEFENDING YOUR FORECLOSURE CASE WITHOUT AN ATTORNEY [...]

  9. What happens when you lose with an attorney? Now you lose your home and all your money!

    homeowners are getting screwed from every angle with or without an attorney. As many people who had attorneys and still lost than id say your chances are about the same.

  10. Neil
    If I can read the statutes and understand what the Constitution says. There are attorney’s out there that just want a quick buck. Ask an attorney to challenge the income tax law. People -non attorneys have challenged it and won. Attorneys are threatened by the powers that be that they will lose their liscense. Only Congress can declare war. Only gold and silver. Most lawyers don’t have the guts. In Wis. I have gone to the confirmation of sale and no one has been there except me. What apathy by the people. Jefferson said the best way to change a bad law is to challenge it every time it comes up.
    All it take for a congressman to act on an issue is 10 letters from constituents, just 10.
    Stanley Putra
    Racine, Wi. 53406

  11. We need to write and call our congressman and senators and the white house. Call Congressman Ron Paul that wants to audit that Phony Federal reserve. If you are disabled contact the American Disability Act and tell them you want to file a complaint that you were treated unfairly because of your disability.
    Every day. The only requirement for evil to flourish is for good men to do nothing. Thomas Burke

  12. [...] are naturally looking at certifiable classes of former property owners and, of course, the possibility of action against both the holding company as well as its dozens of [...]

  13. Michele please take Neil advise to heart as I have done with succes so far. Don’t feel intimidated by ill informed lawyers in the washington metropolitan area. I am from this area as well and I know of what I speak. Get an audit done and fasten your seat belt for a long foght that you would win especially if you are able to challenge their authority to foreclose.Goodluck and don’t give up.

  14. michele: it appears to me that you multiple grounds for defense and for making offensive claims. Check with attorney local and licensed. Based upon reports we get from the field, if you press hard enough on making them answer the questions they don’t want to answer they will either cave in and go away or offer a deal that will be acceptable to you.

  15. I received a letter on January 23, 2009 from Attorney Samuel I. White, P.C. representing Wells Fargo Home Mortgage. I am behind on my mortgage coming up on five months. I had contacted the American Servicing Company, which is whom I pay my mortgage to and advised them of our financial situation and recent injury to my husband. He was involved in a freak accident, which caused him to lose his left eye. He has since had surgery and is back out in the working field, currently working for a company that installs windows and vinyl siding.

    Anyways, in the this letter is states that we have defaulted in the terms of the deed of trust in failure to make timely monthly installments. US Bank National Association, as Trustee for CSMC Mortgage-Backed Pass-Through Certificates, Series 2006-5 has requested that this form be forwarded to you, on its behalf in accordance with Section 55-59.1B, Code of Virginia, 1950, as amended as notice that the original note evidencing your indebtedness has been either lost, misplaced or destroyed, and is unavailable. As a result all sums due on said Deed of Trust Note have been accelerated, and upon the expiration of 14 days from the date of mailing this notice, the trustee or substitute trustees will be requesteed to schedule the sale of the property secured by said deed of trust.

    On February 2, 2009, I received the letter stating the sale of my property, which is scheduled for February 24, 2009.

    My question, do I have a legal case to fight the foreclosure if they are stating they do not have the original note. I have to borrow the money to catch my payments up and was told by the attorney’s office, I have until February 23, 2009 to make payment in order to stop the sale of the property. Fortunately I have the means to borrow the money, but if there’s a chance I have a case then should I? I am a little skeptical in ruffling the feathers of the mortgage company in fear they could call the whole loan on me which is in the amount of $522,000. Also, if I do proceed to go to court, and in the event I would not win, would I still be given the opportunity to pay the amount that is past due in order to still stop the sell of the property if the date is past February 24, 2009.

  16. Larry you confuse me can you explain this one more time?.

  17. larry: I don’t know. Never heard of it

  18. I will try again.

    I am a consumer advocate for fighting foreclosure as well as to expose the banks for the fruads both present and past.

    I am not an attorney but I am aware of how the mortgage industry operated and how it is operating now.

    The fact is, many foreclosures are illegal even though possiblly justified. But the justification in our current economic situation is questionable. It is perhaps a catch 22 situation.

    It all began with the “mortgage meltdown” or better said, the mortgage broker industry meltdown which as we obviously know now is a complete worldwide economic breakdown.

    However, the real case in point now is one of our judicial system as a whole. Is it serving all equitablly and justly?

    While two wrongs don’t make a right, if someone is going to use the law for foreclose then they should operate within the law to do so. Judges should also adhere to the strict letter of the law.

    The major defense is lack of standing. If a plaintiff does not have standing then they do not have standing and that should be that.

    While all the lenders were busy creating mortgages – not for the good of the American Dream – but for the good of multi billion dollar profits in securitizing the servicing. They, in their greed and quest for “more outrageous profits” failed to follow the laws in creating and recording sales and/or assignments of notes.

    Now they are preying on homeowners, many of whom are victims indirectly as a result of the original meltdown. They are betting that homeowners will typically walk and not defend themselves as they do not know there is a defense.

    Many cannot afford attorneys and for those that can’t PRO SE is their only option and one they should take. Yes, all the arguments for using a knowledgeable attorney are valid. But if that is truly not an option PRO SE is.

    There are plenty of cases where Pro Se liticants have succeeded. It is hard work and tedious but one must do what one must do.

    Defending a foreclosure does not end the ordeal. In most cases it just extends it buying the howeowner badlly needed time. Time to workout their situation, sell their home or get a job to once again afford their home.

    The justice system should be for all the people not just the few who observe the golden rule – “he who has the gold rules”.

    Keep up the good work here in this blog and keep commenting and fighting.
    Larry Rubinoff, TheForeclosureDetonator.org

  19. Just wondering. I just wrote a comment and when I submitted it I got a response that said “DISCARDED”?

    It was on point and informative. What’s up with that?

  20. To Michael Strull:
    I am not a lawyer, but if Lender claims that original Note was lost or destroyed and its whereabouts are unkown, Lender is lying as a Note can be “lost” OR “destroyed”, but It cannot be both, especially when Lender states “its whereabouts are unknown” Lender probably had to verify the above inits pleading under sworn statement therefore Lender lied, if whereabuts are unknown, then Lender lied that Note was destroyed. If Lender swore that it was destroeyed then Lender lied stating it was “Lost”. You maybe can have case dismissed based on the above misrepresentations.

  21. I did pro se, and Judge set aside and order to proceed with foreclosure, then he asked the Lender’s lawyer if he was a lactually a awyer as Lender’s lawyer was lying, I brought my evidence. Judge complimented me on how well I did. Case was administratively dismissed. When the Lender comes back again I will demand to see the original Note, and original Texas Home Equity Deed of Trust based on the Best Evidence Rule, and will ask to have case dismissed. I spent many hours at the law library, but it was worth it. When it is your house and your case, you will scrutinize Lender’s papers and notices with more care than a lawyer, if you are willing to go to your law library and read, read, read.

  22. To add to my initial comment, on the complaint it states that the promissory note had been lost or destroyed unknown of its whereabouts and company is trying to locate? how convienant that the company lost them after the fraud, I believe this is also one of my evidence against company. What do you think?

  23. I am representing myself at Court cannot afford an attorney to litigate and plead my case. Yet, I have consulted with real estate attorneys and they advise me that I have plenty of evidence to plead my case. First I was not at closing gave my mother power of attorney was promissed a 30 year fixed rate then two years go by I recieve a letter that I need to refinance, that’s the first time I discovered the fraud of a 2 yr fixed and goes to an adjustable ARM. Initial mortgage company out of business sold note to another company that gave me the run around for 7 months. Approved me to modify my loan advised me to stop paying to modify, 7 months of this of deferred payments and was advised by company that representative who was completing modification docs never completed them and now I am denied and owe the company $8,000 dollars. I have proof of all this. Any comments or suggestions for my court hearing? thanks

  24. [please remove prior draft -FINAL]

    mortgagelies // January 1, 2009 at 12:21 AM
    ALLEGATIONS THE FED HAS LENT $1.5 TRILLION TO BANKS WITH WORTHLESS PASS THROUGH DERIVATIVES
    – Bloomberg LP v. Federal Reserve, U.S. District Court, Southern District of New York (Manhattan).
    Press Release / December 12th 2008 – – Bloomberg LP v. Federal Reserve, U.S. District Court, Southern District of New York (Manhattan). According to Maher Soliman, an analyst for Nationwide Loan Services, the Federal Reserve to being threatened with disclose of all securities the central bank is accepting on behalf of American taxpayers as collateral for $1.5 trillion of loans to banks.
    Bloomberg News is seeking a U.S. court force a lawsuit based on the U.S. Freedom of Information Act. The argument is for federal agencies to make government documents available to the press and the public. Soliman said, the information is available to the public to follow. At hand are arguments for allowing the American taxpayer to be entitled to know the risks, costs and methodology associated with the unprecedented government bailout of the U.S. financial industry.
    At risk are issues pertaining to the allegations the Fed has lent $1.5 trillion to banks, with worthless pass through derivatives or investor certificates as collateral. These assets are pledged to a lender in the event that a loan payment isn’t made.The Fed made the loans under 11 programs in response to the biggest financial crisis since the Great Depression. Bloomberg News on May 21 asked the Fed to provide data on the collateral posted between
    Bloomberg never received a formal response that would enable it to file an appeal. On Oct. 25, Bloomberg filed another request and has yet to receive a reply. The Fed staff planned to recommend that Bloomberg’s request be denied under an exemption protecting “confidential commercial information,” according to Alison Thro, the Fed’s FOIA Service Center senior counsel. The Fed in Washington has about 30 pages pertaining to the request, Thro said today before the filing of the suit. The bulk of the documents Bloomberg sought are at the Federal Reserve Bank of New York, which she said isn’t subject to the freedom of information law.“This type of information is considered highly sensitive, and it would remain so for some time in the future,” Thro said. According to Soliman “We all wonder why?”
    The case is Bloomberg LP v. Federal Reserve, U.S. District Court, Southern District of New York (Manhattan).By Maher Soliman

    http://www.borrowerhotline.com

    http://www.foreclosurwebpage@wordpress.com

  25. Press Release / December 12th 2008 – – Bloomberg LP v. Federal Reserve, U.S. District Court, Southern District of New York (Manhattan). According to Maher Soliman, an analyst for Nationwide Loan Services, the Federal Reserve to being threatened with disclose of all securities the central bank is accepting on behalf of American taxpayers as collateral for $1.5 trillion of loans to banks.

    Bloomberg News is seeking a U.S. court force a lawsuit based on the U.S. Freedom of Information Act.

    The argunebt is for federal agencies to make government documents available to the press and the public.

    Soliman said, the informtion is available to the public to follow. At hand are arguments for allowing the American taxpayer to be entitled to know the risks, costs and methodology associated with the unprecedented government bailout of the U.S. financial industry.

    At risk are issues pertaining to the allegations the Fed has lent $1.5 trillion to banks, with worthless pass through derivitives or investor certificates as collateral. These assets are pledged to a lender in the event that a loan payment isn’t made.

    The Fed made the loans under 11 programs in response to the biggest financial crisis since the Great Depression. Bloomberg News on May 21 asked the Fed to provide data on the collateral posted between

    Bloomberg never received a formal response that would enable it to file an appeal. On Oct. 25, Bloomberg filed another request and has yet to receive a reply.

    The Fed staff planned to recommend that Bloomberg’s request be denied under an exemption protecting “confidential commercial information,” according to Alison Thro, the Fed’s FOIA Service Center senior counsel.

    The Fed in Washington has about 30 pages pertaining to the request, Thro said today before the filing of the suit. The bulk of the documents Bloomberg sought are at the Federal Reserve Bank of New York, which she said isn’t subject to the freedom of information law.

    “This type of information is considered highly sensitive, and it would remain so for some time in the future,” Thro said. According to Soliman “Wonder why?”

    The case is Bloomberg LP v. Federal Reserve, U.S. District Court, Southern District of New York (Manhattan).

    By Maher Soliman
    http://www.borrowerhotline.com
    http://www.foreclosurwebpage@wordpress.com

  26. In my case, Plaintiff ‘failed to appear’ on a Miami summary judgment motion. I called in from Boston fully prepared to what was to be a telephonic hearing plintiff had scheduled and I had defended with objections, etc..

    Unknown to me, USBank NA’s lawyers were barred from appearing telephonically by my judge because they apparently I surmise have been coming in without the original document when they appear in person.

    A lawyer with the same law firm was appearing in court on other cases brought I believe by my plaintiff, and I’m guessing all of these were going forward because they were UNOPPOSED by the defendants. Lawyer had no documents related to my case, so the hearing never took place though I wished to be heard.

    I got a call from the judge’s assistant which said plaintiff’s attorney did not show up. I immediately faxed down an ex parte motion seeking dismissal for failure to appear.

    If I ‘attended’ the hearing,and the plaintiff did not, what’s with the judge not cluing me in on the proceeding, not acting on my motion to dismiss or default, and not sua sponte denying their summary judgment motion, defaulting them or tossing out their foreclosure suit?

    Should I be concerned my judge may be less than impartial? Is there any special protocol around attending hearings via telephone? How can one attend AND safeguard one’s rights if one is not contacted by the court until after a scheduled hearing is deemed concluded?

    I guess the upside is that my judge disallowed plaintiff’s attorney appearing telephonically because they apparently have acted in bad faith before or possibly attempted to foist a fraud upon the court with claims to hold the note they seek to foreclose, when in fact they have not met the threshold requirement for standing.

    RSVP
    Allan
    BeMoved@AOL.com

  27. Neil,

    We prevailed on a wrongful case again. The plaintiff US Bank vs Araujo for the matter of a holdover was dismissed when the plaintiff failed to appear. The judge without even allowing for as much as one hour to reconvene ruled for the defendant and the motion to quash. QUESTION: Defendant gets a notice of an ex parte for vacating the dismissal. Has the court not made its ruling and is the plaintif now required to file again?Or is the ex parte really an appeal?

    MSoliman
    http://www.borrowerhotline.com
    admin@borrowerhotline.com

  28. Most people are unable to comprehend the law,incl many Lawyers I happen to know and I myself,to say the least.

    I have seen people get lucky and pro se advance the cases.Also I have seen Lawyers not know what to do when they get a complaint.So generally I would advise against going pro se but this is a general discouragement,not specific.

    On the other hand I have never seen a pro se win so what can I say?.

  29. Free legal advice to homeowners who want to defend their foreclosure case: Jeff Barnes, Esq.

    M.Soliman

    I agree and I disagree

  30. Free legal advice to homeowners who want to defend their foreclosure case: Jeff Barnes, Esq.

    RESPONSE: I AM AN EXPERT IN MORTGAGE SECONDARY, CAPITAL AND PRIMARY MARKETS. TRADED OVER ONE BILLION IN WHOLE LOANS AND CAN STRUCTURE A SECURITY OFFERING. IF MY KNOWLEDGE WERE IN FACT 10 FOLD THE OPPOSITION, I WILL NEVER SURVIVE THE COURTROOM HIJNKS AND TRAPS THAT WAIT A LAYMAN IN THE LAIR OF AN ATTORNEY…HIS COURTROOM. FOLKS HE IS RIGHT – DON’T DO IT! http://WWW.FORECLOSUREINFOSEARCH.COM. M SOLIMAN NLS LOS ANGELES

  31. AURORA LOAN SERVICES VS. STELLAO; HEARING IN SUPERIOR COURT, El DORODO COUNTY, CALIFORNIA
    Released /November 19, 2008 Congrat’s to client Stella O. and borrowerhotline.com “EXPERT” to counsel in the above matter of occupancy. [Unlawful Detainer] . A hearing scheduled today was in response to a lender foreclosure and recorded trustee’s sale. Arguments before the court included a motion to dismiss and grounds for establishing an unlawful conveyance of the subject property. The challenge to the unlawful conveyance and standing assumed arguments the Plaintiff was in fact, not the holder in due course. The Defendents motion was considered prior to the court’s determining to set the entire matter over for trial later this month in Superior Court of Contra Costa County. The case includes a counter claim for unlawful foreclosure by parties under [Civil Procedure section 1162] brought against Plaintiff, AURORA Loan Services. Arguments challenging the occupancy were to be heard at today’s hearing under the claims of an a voidable lien and unlawful conveyance. The entire matter was set for trial . “…for the most part, this is unheard of in a UD hearing, but hopefully a sign of things to come” according to Maher Soliman, “Expert” speaking on behalf of the defendant and attorney Mark Terbeek. 11.19.2008 /Special thanks to Counsel, MTerbeek, B Michelson, Edwin Heath and Special Thank you to Livinglies.wordpress.com & Neil F. Garfield “whom I never met”. / “The real glory is- not in winning, but being knocked to your knees and then coming back. That’s the essence of it all” / V.Lombardi) M. Soliman Nationwide Loan Services

  32. I am litigating my own defense and I got up to the Supreme Court of the State of new York Appellate Division Second judicial Department. my case is based on TILA Right Rescission Violation As well as the subprime practices and the predatory mortgage lending. I have submitted evidence of the fraudulently value of the property Usury: As a result of the artificially inflated “fair market values” utilized by LENDER et al, its agents, servants and/or employees, to induce the borrower to sign the mortgage documents and refinance the property, the effective yield now vastly exceeds the legal lending limit in the State of Florida as well as New York. I believed I am going the right way, of course If there is an Attorney who wants to work with me in New York, please email me at orlandosanti@aol.com or call me at 718-766-9036.
    THANK YOU
    Ray…..

  33. HELP NEEDED ASAP IN TEXAS!!!!
    Does anyone know of any attorney who is honest and know the ins and outs of TILA, RESPA, etc. ?
    Please contact me at:
    washgroup@gmail.com

  34. I wish to add to the above post, my post. In Florida there are many lawyers but few are able to take on a fight as this and as is strategized here. Great care must be taken to consign the correct lawyer a wrong decision could be very expensive and troublesome.

    Personally I have been through the mill but in the end (which has not quite come yet) I was fortunate to have encountered who I believe to be the correct practioner.Reading and personal study is essential, hard work rewards, and persistence renders positive results. Face this enemy with no fear. I urge that you stand strong, in outright confrontation of the Bankster.Question every move and condition presented take the relentless time to come to your desired goal (quiet title) and turn away anyone who is not in your opinion serving you right.

    Your home is your palace, the place where you rest your tired head and contact the inner peace. Fight for it, leave no stone unturned in this river of darkness and success will be yours to savor. Feel no guilt and do not entertain doubt, yours could be the two edged sword, made of hardened steel which cuts on every edge.

    The banks may have deep financial pockets but the advantage you have is by far in excess of their abilities to comprehend. These financial pockets do have holes that are where you can place the piggybank, your piggy bank; it’s your bailout without government intervention.

    Stay on top gain the knowledge and your ride home will be smoth, safe and full of enjoyment.

  35. Shall I chime in here? Yes I will.

    On the onset when I was first served I was terrified, not knowing what to do. I wrote and spoke to Jeff Barnes. My gut feeling was he is a great lawyer; he came in from a position of great experience, well practiced, proven and feared. However his price was not tenable and thus he failed my test.

    I have spoken to some other wise people in the field who swear of his competent ability in this field and again I am really satisfied with the conclusions I have drawn on him as being a good lawyer, better put a great one.

    THAT SAID.

    His attitude was not very welcoming I was so terrified of him in some strange way and my emails to him, the one tel talk I had with him did not change my mind. This was in the early days of my quest to fight the bankster.

    His price was over the top, no way could a homeowner afford to keep or hire him and his arrogance was not very bearable, but in the words of a Wiseman, this arrogance and forward almost angry attitude makes for the good litigator he in fact is. In simple language his attitude sucks, but he is a great lawyer.

    I am awaiting the results and gossip of a friend of mine who is being helped by him. I am wishing that he does well by this person and gets the house from the bank.

    For sure I will report the outcome here for all to see and hear.

    I will not face a court alone without a competent lawyer, no way and I think I understand this meltdown stuff very well, in so much as, a few lawyers ask my assistance to scout and find for them.

    I have come to know some really well schooled lawyers and have been referring people to many lawyers. Most of the people I refer have had great success, but none to date has gotten the quiet title. I love to help in this very important fight. I take a special delight as a matter of fact and I do so for free. Note my quiet title is a pending matter with the best lawyer I could find,in my home town of Miami,I have the best she is a winner and I love her so very much.I will speak of her at a later date.

    The one thing I can say now about Jeff Barnes is that if you can afford to pay him he is one of the outstanding players, spear his attitude, as for how honorable to his client he is, I am yet to truly be able to comment and I have no info that leads me to state otherwise.

    In open fairness, Jeff is a good man and I would hire him to work for me.

  36. Attorney Barnes, I couldn’t disagree with you more. I’ve retained two South Florida attorneys who were too glad to take their retainers and then proceed corruptly to disloyally do the opposite of what we agreed to, cozy up to the plaintiff, and next bail on account of “irreconcileable differences. ”

    It’s also been my experience that once you hire a lawyer, and the judge has a beef with him/her over some other matter, you the client get the punishment and short schrift. Also, judges are quick to commit injustices against clients who are represented (“protected”) by counsel, sometimes with the attitude, if you don’t like my ruling, feel free to appeal.

    Sadly, even among attorneys who frequent this site, I’ve seen some with self-serving agendas who unduly influence their clients to do expeditious modificatons or novations, without fully explaining to them all their options, and that once they do, they lose their rights to contest any prior wrongs and give up any chance they may have had of obtaining a home free and clear of any encumbrance.

    How many times have I heard folks here lament, “why didn’t my attorney, who was considered expert, tell me about my rights of rescission, or my right to obtain proof, or obtain discovery?” It feels sometimes like the “this ain’t your night” scene of betrayal out of On The Waterfront, with Marlon Brando: “You was my brother, Charley, you should have looked out for me a little bit… You don’t understand. I coulda had class. I coulda been a contender! I coulda been somebody…”

    Some of my best days in court were when a judge had to do more than be an impartial referee, and donning the robes of equity, do justice where (s)he saw there was an injustice that sua sponte needed addressing.

    One gets the notion from reading Gideon’s Trumpet, that some Abe Fortas will come to the rescue of the little guy. The truth is that courts have little time or use for the little guy, especially those filing in forma pauperis, and few zealous advocates are available to take up their cause.

    First and foremost, magical thinking aside, one has to be an advocate for oneself.

    I believe that Pro Se is right, but better yet, I believe an activist pro se who does his research and stays on top of his case and the issues as they evolve, can prove an immense help to a motivated, able and zealous attorney with whom he partners.

    BeMoved@AOL.com

  37. We have a NJ company (Hudson County) that assists mortagors in modifying their loans. I am looking for a NJ attorney who can represent some inmdividuals and consult with our firm. My cell no. is 917-748-6124.

    Paul H Apppel

  38. Congress needs to investigate and the public needs to be WARNED about mortgage lenders’ practice of filing falsified IRS tax form 1099-A’s or 1099-C’s. To illustrate, here is a portion of my statement concerning Wells Fargo’s false 1099-A, as well as a link to entire actual statement posted at: http://www.lawgrace.org/2008/08/08/my-august-8-2008-statement-to-the-louisiana-secretary-of-state-office-of-financial-institutions-concerning-wells-fargo-irs-and-mortgage-frauds-sham-foreclosures-and-judicial-collusion-and-national-app/
    ======================================
    This Financial Office mistakenly thought a complaint was filed concerning my property; and on July 30, 2008, Ms. Kathy Drzewiecki sent a responsive letter on Wells Fargo’s behalf. . . .As your records show, GE Capital Mortgage Services, Inc., became defunct in year 2002 when it merged into GE Mortgage Services, LLC, its “successor.” Therefore, it is impossible for foreclosure auction to have LAWFULLY been carried out in year 2005 on behalf of the non-existent GE Capital Mortgage Services, Inc. Also, contrary to what Ms. Drzwiecki wrote, it is NOT POSSIBLE in year 2005 for Wells Fargo to continue being the “mortgage servicer” for non-existent GE Capital Mortgage Services. Furthermore, if my property was (impossibly) ACQUIRED by GE Capital on May 19, 2005, there is NO LAWFUL REASON for the IRS form 1099-A to exhibit Wells Fargo’s name!

    Another thing Ms. Drzewiecki’s letter failed to state is that I initially acquired my residence property in 1993 through AmSouth Bank. For home improvement in 1999, I refinanced it with GE Capital. I had equity in the property, and I never had a subprime loan. (Marriage failure caused me financial ruin; and crooked deals in Family Court sealed my fate.)

    On the other hand, facts overwhelmingly demonstrate that, using defunct GE Capital’s identity, debt collector attorney Herschel C. Adcock, Jr., fraudulently seized and acquired more than $80,000 when he flipped my property. Also, contrary to the form 1099-A, the Fair Market Value was not $12,000 -as manifest from the year 2005 sale price for which that property was sold in that same tax year purportedly to a third party.

    A lot of foreclosed former property owners will one day discover there is a 1099-A or a 1099-C for which the IRS wants answers! If that 1099 is replete with false information, there could be severe tax effects and a lot of needless untangling to be burdened with.

    Across the country, foreclosures have been halted because “real party interest” was absent from those foreclosure proceedings. Yet (in Louisiana), it would not be farfetched for foreclosures to become filed in the name of ‘Mary had a little lamb’, and judges allow peoples’ homes to become seized.

    from Barbara Ann Jackson (www.lawgrace.org)

  39. I agree with the author in theory! Unfortunately finding an attorney to represent someone who is already having financial problems is very difficult. If someone cannot afford a $800.00 monthly house payment, they probably do not have $5000.00 for a retainer fee for an attorney that intends to bill them another $175.00 an hour. If the case is complicated with many Federal Violations it seems to be even harder to find an attorney.

    The Bank’s and their lawyer are fully aware of this fact so servicing loans legally and ethically is not a motivator
    for the unscupulous banks or LLC’s.

    Take a look at court dockets on line and enter the names of any Bank as a party to a case, and when you start to see the foreclosures you will also see very few defendants had any representation. Some attorneys
    take foreclosures and a few filings later withdraw after they have put a lien on the case, (or home so to speak) and they still get paid at the forclosure sale, even though their Ex-client lost they home and ended up with nothing, and they provided very little counsel.

    Having an attorney does not mean
    you have a good one, or an honest one.
    Until someone files complaints on the
    those attorney’s that are not ethical, or add and abet the opposing party the consumer is Sure Out of Luck so to speak!

    You would be surprised at how many
    attorneys and mediators have some
    type of tie to the banks.

    In some states it is impossible to get a second opinion if you are concerned the attorney is not doing his job. You have to fire him first, and in the case of a forclosure that was filed by a Bank violating Regulations, you might not find another lawyer to take the forclosure at all and have no choice but to go Pro Se. The attornies know this. It is even worse when you live in a
    ” good ole boy state.”

    Consumers need a “better business
    Bureau just for attorneys”.

    There needs to be some social conciousness amoug the banks and attonenys forclosures create homelessness which is not healthy for children, the disabled or any family.
    People are losing their “Homes” not just a piece of property. If the forclosure were tainted with corruption, and no attorney are willing to take these cases the owner have no choice but to go Pro Se.

    This is not to saw that I believe there are not many good and ethical lawyers. I am not sure that they exist in the forclosure meltdown situation as of yet!

    Hopefully more attorny’s will start to recall that duing the great depression there were so many homeless people the term “hooverville” was coined.
    With the mortgage meltdown and few attorney’s to assist homeowners against vicious servicers and lenders no doubt it would start to happen again. HUD so far has turned a blind eye in my opinion.

  40. Is a “Good attorney” an oxymoron?

    Hello, We’d fought our battle against the bank fraudsters and their unlimited resource and legions of specialized litigators for over three years, and would have to concur, that one needs to services of competent counsel in order to prevail…

    …One problem, though…

    ….Does such an animal even exist?

    We’d paid out over $40,000 to hire assistance and the only help that we’d ever gotten was that of further predation and compromising of our already untenable situation.

    For now, JP Morgan Chase Manhattan Bank has made off with our $100,000 in equity, plus another $30,000 in personal property which they’ve refused to allow us to remove, all under threat of imprisonment if I set one foot one the grounds, and they have succeeded in destroying a marriage, and have relegated me to living in the woods, alone…

    …All for want of “good attorney” to litigate a case that is simply fraught with instances of fraud, deception and outright theft!

    I’m of mind to believe that the entire human race has become little more than a new form of predator, or at the very least, some sort of metamorphosis of a scavenger, with no qualms or compunction about feeding from a downed and injured member of it’s own genus.

    Such has been our experience with all offers of aid or assistance.

    To date, not ene single bit of help, after expending $40,000!

    To say we quit is an understatement…

    It’s more like, “We’re finished.”

    As in “kaput”, as in “dead”…

    As in, “nothing left.”

    Show us a “good attorney” and we’ll make them quite wealthy…

    We’ve got the case, where’s the couselor?

    Michael

  41. Jose Semidey; please call me I live in your area and want to talk to you about your blog, i.e., NACA website and the attorneys along with the lawyers you contacted locally! My experience is the exact same! Tim and Kathleen, 410-257-5283

  42. I’m in Dayton, Ohio and I went throught the Montgomery County’s Civil Court records searching for an attorney who had “successfully” defended a foreclosure. In over 200 cases, there were only 8 “answers”. 4 by Attorney’s & 4 by Defendants. Everybody (except 1) lost because they just quit submitting documentation… who knows why!
    The ONE Attorney who is actually engaging a mortgage co. here, not yet settled, is from the Northern tip of the State (why I don’t know!). The other Atty’s only submitted a “first answer” ($500 – $1,000) and then walked away ( I got my money…. better move out!). Doesn’t really say to much for Attorney’s around here now does it?

  43. Who knows how to fight MERS foreclosures in VA?, they seem to be the foreclosing entity of choice in these parts. I know they were kicked out of Florida, how can we do the same everywhere else, their registration system , contracts, and shells seems to be bordering on illegal securities trading, and else.

    There is a lot of confusion and abuse from foreclosing attorneys and the lenders.

  44. The consumer has an even more difficult task at hand, the search of the appropriate lawyer for their case. I looked for over nine months in the Northern Virginia area for an attorney who would actually bother to listen to our story, and then be told that it would be better to file for bankruptcy and not go against the lender because hey would be hiring expensive K street lawyers. I believe there to be good deal of great lawyers, how would some one find them?.

    I went into the NACA website and the attorneys I contacted were worse than the collection department of the lender. It seems reasonable for the attorney to expect payment for their services. But when I have to educate the lawyer about predatory lending and do the research for them and still be charged a modified contingency makes me wonder.

    Can lawyers who are searching this website probably start a referral network and post the actual qualifications of the attorneys with full disclosure of their fees, with the states and courts they are certified to practice?.

    HSBC was our home equity line of credit lender, and the settlement service they hired to perform our settlement failed to provide copies of the settlement and right to cancel for almost three years, when we finally got our documents after sending letters and many phone calls, we were faced with the reality that our documents were altered, signatures forged, date changed, etc. We until now do not know why this happened. But the signatures on the NOTE were forged, the signatures on the Deed of Trust were forged, the Notary apparently changed the document prior to recording and did not get our signatures or initials either. We believe the title company may have lost some of our documents or our file and reproduced them after the fact to send them to the lender. When we contacted the lender they just ignored our calls and requests for an investigation. We were denied the right to properly review our documents, we were not given appropriate disclosures. The forgery is evident, the date changes are evident . Every thing is so clear for us, but the attorneys we interviewed were more preoccupied by the fact that they might have come up with a way of assuring their compensation than to prove our claims in court .

    Now we are only talking about the home equity line of credit. The first Trust is another story.
    Now both loans have been rescinded, I am fighting the HSBC in Bankruptcy court, We just got an injunction filed against the first trust lender for TILA violations and are preparing to literally quiet title on this lender, we will engage in the process of what we call a reverse foreclosure. We are foreclosing on the lender since they defaulted based on TILA, they never responded to the rescission letter, and have not responded to several qualified written demands. This great and proactive lender is called First Magnus Financial, now in Bankruptcy Chapter 11.

  45. “…when a litigator is involved. Judges usually have little or no time or patience with non-lawyers who try to argue their own cases.”

    The courts have held that pro se litigants should be held “to less stringent standards than formal pleadings drafted by lawyers” Haines v. Kerner, 404 U.S. 520 (1971), “pro se pleadings are construed liberally and pro se litigants are granted greater latitude in hearings and trials.” Johnson v. Board of County Comm’rs, 868 F.Supp. 1226 (D. Colo. 1994).

    in pro per :)

  46. I can identify with those trying to find legal help in this arena. It is very difficult if not impossible, depending on where you live, to find someone who works specifically in this field and who has any level of expertise or experience in it. I do have a question for the author on this topic, or anyone who believes they are qualified to answer which is; While I agree it is wise to use an attorney and unwise to go at it alone, is there any benefit to self-representation, are there any rights one gives up when represented by a lawyer rather than a non-lawyer or himself? Mainly I am referring to a concept I’ve been reading about online in reference to the UCC, individual human rights vs. the rights of a commercial entity. Is there anything to this, and if so, how does being represented by a professional attorney affect it?
    Anyone?

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