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Need Az., Lawyer to talk to about countrywide mort.
I need an attorney who gets it in Maryland Please contact me Thank you
I would like some advise on what I should do. I filed a complaint against my lender and broker Pro-Per back in October 2007. The basis of my complaint is that my loan documents were forged and was the victim of predatory lending. I filed Pro-Per because I was unable to afford a lawyer. I have been able to survive two different Demurs and Motions to Strike and Motion for Judgement on the Pleadings and have a trial date in March 2010. Over the past two years I was always careful to follow the court’s procedures and comply with all deadlines. In May 2009, I hired a lawyer that read my story that I posted on this website. When I met with her, she was confident that she could help me and was very convincing. I felt she had the same passion that I did to fight against predatory lenders and win my case. I informed her up-front that I did not have much money. I paid her a retainer and she said I could work on her home and also file court papers as she needed me. At the time that I hired her, I was about to attend a deposition by defendant. She attended the depo with me, but she stated that she was unaware of the details of my case, so she was not objecting to anything, so I left the deposition feeling that it did not go well. When I first met with her, I informed her that I needed her to send out discovery and set up depos, She stated that she wanted to Amend the Complaint to add additional defendants and Causes of Actions. None of this has been done as of today. Seven days after I paid her the money, she was threatening to withdraw from my case because she said that I was not complying with her requests for my documents, which was not true. I gave her all the documents that I had. She also said that she was unable to get in touch with me, which was also not true because I had been to her house numerous times to do work. Defendants served a Request for Production of 22 different documents, and the day before they were due, she called and informed us that she was not able to prepare the documents and that we needed to do retrieve the files from her home, which is at least 25 minutes from where we live, put the documents in order and make copies and bring them back to her. She was very verbally abusive toward us and after a confrontation occurred between my girlfriend and her she informed me that I was not to discuss my case with her or she would resign. This made it very hard for me because my girlfriend has helped me from the beginning. She never should have had us doing her job to begin with. We are not attorneys’ and that is why I hired her. She became very negative and said that I was going to lose my case and the judge was going to dismiss it.
After her first CMC (which she filed the statement late), the judge required a status letter to be filed by a certain date with she did not do. Over the next several months, I was at her home at least every other weekend and during the week, filing documents, all over the bay area, never missing any of her deadlines for her other clients, always available when she needed me. I had requested more than once that we discuss the details of my case and our strategy’s and she refused stating that there was no time for that and she was not going to waste time listening to me. As the next court date approached, she did not file a timely CMC statement or a status letter. I sent her a lenghly e-mail with my concerns that she was not properly representing me and did not treat me with respect. After several attempts to contact her, she finally telephoned me and informed me that she wanted to withdraw from my case, and that I needed to sign a Substitution of Attorney and that the judge would most likely be dismissing my case and trying to intimidate me by saying that I was going to lose my home. I refused to sign anything and told her that I would see her in court. This was the third time she had threatened to withdraw and it had only been three months since I hired her. By the day we appeared in court, she had not filed a substitution of attorney or had she filed the CMC statement. She arrived late to court and immediately informed the judge that she would be resigning. The judge wanted us to try to work it out. As soon as I requested to speak, my attorney said that she would be willing to step outside and talk to me. We worked out our differences and informed the court that she no longer was resigning and the judge assigned my case to mediation. Again my attorney stated that she wanted to amend the complaint to add additional defendants. The judge said that she should do this immediately. The judge ordered that we choose a mediator and inform the court within 30 days and set a Compliance hearing. My attorney again did not comply with this request even though I worked for her again and sent her a reminder email to notify the court. She not only didn’t send a status letter, she also failed to appear at the compliance hearing and now is subject to sanctions. The judge has ordered both attorneys to appear to show cause why she should not sanction them further or dismissal of the actions/striking of the pleadings pursuant to CCP 177.5 and 575.2.
This is where I stand now. I sent her an e-mail asking her why she had not complied with the court and that I was very concerned because she had not done anything she said she was going to do. I also asked her what the judge meant by that. She said that she had chosen a mediator and did not know why the court did not receive any documents from the mediator. It is not the mediator’s responsibility to notify the court. It was hers. She then informed me verbally of the mediation date. The OSC hearing is set for 11/05/09 and she is to file a declaration by 10/29/09. She has not filed anything in my case since June 8, 2009 which was one week after she was retained. She has not provided me with the legal representation that I am entitled to, nor has she conducted any discovery or responded to any of my requests. I don’t know what my legal rights are. What happens to my case, if she continues to be noncompliant. Would the judge actually dismiss, and if so, what is my recourse?
I have worked so hard fighting lenders, brokers, and their attorneys. I have gone to the Department of Real Estate, Department of Corporations, District Attorney’s office, Department of Justice, and even appeared on Channel 7 on your side with my story. I have stopped the illegal sale of my home five times, with the last time on the court steps at 12:05 p.m. on the day of the sale. I have never given up and am still in my home and intend to remain here for a long time.
I believe in what I am fighting for and intend to try to help innocent homeowners who are victims of Predatory Lending Practices and against crooked lawyers who are misleading and taking their monies.
This is why I am asking you for your advise as to what I should do. I am posting this on your site because this is where she found me and I don’t want this to happen to anyone else.
I want you especially to become aware that this is happening on your website. I was told that I should not make a complaint with the State Bar while she was still representing me. I do not have money to hire a different lawyer, but can I proceed with a lawyer that I do not trust.
Neil, thank you for taking the time to read my story. I anxiously await your reply and the comments and advise of your readers.
I am looking for an attorney who gets it ASAP in Wisconsin. This is a mess. TILA, REG Z, plus a host of other laws including predatory, no recission on primary, balloon feature etc. If you are an experienced attorney or know of one please email me at jtl5@comcast.net.
I have a FHA loan not in forclosure or arears up to date. However I have found that the HUD-1 page 3 signature of the seller was black and white cut out and pasted into the signature area and then whited out around the cut out and the co-sellers name/signature area was also whited out. Both sellers names are on page one of the HUD. I was given the original HUD doc I believe by mistake (wet ink signatures) at the closing the sellers were not there for the closing. I am in New Mexico just south of Albuquerque. The closing company,,,,,First Fedelity. Looking for an attorney to kill these guys..
looking for lawyer that gets it in NM ,OR, federal lawyer able to practice in NM. Got preliminary review and already shows problems
Anyone knows a California lawyer good in defending a defendant against unlawful detainer. The Plaintiff has no standing in court due to the servicing company they represent failed to state their claim by not complying and meeting the FDCPA requirements after a notice to resist and cease from ant collection activities prior to validating the purported debt.?
Thanks
Contact Manny 610-203-0968 or 951-206-4396
I would like an attorney in Georgia. The lender foreclosed on the home while I was in bankruptcy chapter 7 in October 2008. I am still in the home. I have been fighting in superior court. They sent me a short-sale agreement on the 10th of September 2008 and they foreclosure on October 7, 2008. They foreclosed in less than 30 days ( the mortgage note says they must give me 30 days notice for foreclosure) although the attorney had sent me notice before. I believe the later agreement nullify the attorney’s letter. Please respond.
Hi, everyone I think your site is great! I have been in the mortgage business for over fifteen years. Offering great service with integrity,professionalism and hard work. My question is two fold: first I would like an attorney referral for Rhode Island due to pass clients calling looking for help! second how can I find find out who can help my clients modify there mortgages that need help with out being scammed. I have been hearing so many stories about people sending money to companies to get their mortgages modified only to find out that their money was taken with no services rendered. Simply put they were scammed!
Roman: Questions are good but do you really know the answers? Please submit bio and sampling of your work to ngarfield@msn.com and become a “Lawyer Who Gets It” on our list, if you demonstrate reasonable proficiency in the basic concepts of TILA, securitization, UCC, appraisal fraud etc.
I am an attorney that has several cases in litigation currently and we are attempting to rescind the loans in New Jersey and New York, E mail me with questions.
Anyone 1 in the NY area?????????
I have been in the Title & Escrow closing industry for 20 years and have done thousands of closings for lender’s on refinances and sale closings. I am not an attorney, but a licensed title insurance agent for Tennessee.
Carol Molloy is a friend and worked some for me at one of my title companies when she moved to Tennessee. She told me about your company and gave me your web site.
I have started reading some of the material on your web site and find it very interested. Based on some of the closings we did for lender’s and mortgage companies during the refi boom of stated income and stated assets, I can see why our economy is suffering. I had several mortgage loan officer’s wanting me to “sell their customer on what a great deal they were getting “at the closing table, which I refused. I asked several to go some where else for their closings, because I did not like their tactics.
Great work and great information.
Ron Woods
Neil, I am a licensed attorney in Arizona. I would like to talk to you as soon as possible about associating with you on some cases. Please call me at 480-755-7110 x 101 or on my cell at 480-220-6905. Thanks!
I’m NOT a lawyer, but I PLAY one around the house! With everything in the perspective we share here, will someone professional look at Wisconsin Statutes, Chapter 134, 134.15 “Issuing and using what is not money; contracts void. (1)Any person who shall knowingly issue, pay out or pass, and any body corporate, or any officer, stock holder, director or agent thereof who shall issue, pay out or pass, or receive in this state as money or as an equivalent of money, any promissory note, draft, order, bill of exchange, certificate of deposit or other paper of any form whatever in the similitude of bank paper, circulating as money or banking currency, that is not at the time of such issuing, paying out, passing or receiving expressly authorized by some positive law of the United States or of some state of the United States or of any other country, and redeemable in lawful money of the United States, or current gold or silver coin at the place where it purports to have been issued, such person shall be punished by imprisonment in the county jail not more than six months or by fine not exceeding $100, and such body corporate shall forfeit all its rights, privileges and franchises and shall also forfeit to the state and pay for each offense the sum of $500.
(2) All contracts of any kind whatever the consideration of which, in whole or in part, shall consist of any such paper as is prohibited in sub.(1) and all payments made in such unauthorized paper shall be null and void.”
Does this mean what I think it means?
usedkarguy@yahoo.com