LEGAL REPRESENTATION: PROCEDURES FOR GETTING HELP FROM US

We can help YOU!

We have over 100 lawyers that “get it”  who can assist you and you
can of course find your own. You can also use the information on this
blog to get started yourself or to get your lawyer started in the right
direction.

The normal procedure is as follows (although every case has some differences)

1. Information Gathering

Complete an HOMEOWNER INTAKE FORM— keep your loan information and closing documents at your
fingertips so you have them when our team member calls you.

One of our volunteers will call you, please be patient.
2. Request a Preliminary Loan Document Review to assess potential claims for violation of Consumer Protection and Consumer Lending Laws.
3. Referral to our Mortgage Audit Group that will analyze your mortgage loan documents, find potential or actual violations of TILA,  and initiate RESPA letter to your lender and procedures to settle your case. We recommend you contact Brad Keiser at the Foreclosure Defense Group either call 888-829-4405 or email foreclosuredefensegroup@gmail.com

4. Demand Letter to “lender” requesting documents to prove they are the holder of the note and that they have the power to enforce the mortgage and note. This may be done as part of the services in number 3 above by FDG.

5. Rescission Letter or Cancellation where appropriate:
Note that this might be under TILA but it will probably include rescission or cancellation under
other Federal and State statutes and common law. Rescission does NOT
mean you are offering your house to the lender. Rescission is the
reversal of a transaction. The transaction you reverse here is the
“loan” of money in exchange for your signature on a pile of documents
that you could not possible understand, and where the real lender was
hidden from you, and where most of the fees generated by your loan
closing was were not disclosed, which is a violation of several
different Federal and State requirements. Rescission cancels the note
and mortgage and gives rise to a possible claim by the lender for
return of the loan — but without any claim on your house. The
lender’s claim is subject to numerous defenses, affirmative defenses,
set offs, and counterclaims.

6. Litigation:
Referral to a competent licensed legal professional in your area or
you can find your own. Our network of attorneys can assist. Fees vary, but a
retainer is ordinarily involved since these attorneys must be paid for
their time. However, most of the attorneys we work with keep their
retainers low and/or work out monthly payment plans and take most of the case on contingency — a good indication that they believe you have valid claims and a substantial recovery for you is
possible. Recovery of attorneys fees and costs is deducted off the
amount you owe. See the link on the page one for listing of “Lawyers that Get It”

NOTE: I AM LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA AND I AM AN EXPERIENCED LITIGATOR — ESPECIALLY WITH THE ISSUES RAISED BY FORECLOSURE DEFENSE. I AM A WRITER AND A RESOURCE AND CONDUCT LAWYERS WORKSHOPS. I TEACH SEMINARS AND I MENTOR LAWYERS OVER THE PHONE. I AM ALSO AUTHORING A BOOK ON THE HOMEOWNER’S WAR, WORKBOOKS FOR LAWYERS AND WORKBOOKS FOR PRO SE LITIGANTS WHO CANNOT FIND OR AFFORD AN ATTORNEY. I DO NOT RECOMMEND PRO SE APPEARANCES ALTHOUGH I WILL
CANDIDLY REPORT THAT PRO SE LITIGANTS ARE HAVING CONSIDERABLE SUCCESS
AT THE MOMENT.

You or your lawyer may purchase many of the above referenced services or workbooks and manuals through our Services and Products page.

Neil F. Garfield, Esq.

91 Responses

  1. ADVISE FOR LOAN SEEKERS
    You guys are all scam, i got my loan from a reputable loan lender dr. millito perez. At first i thought he was one of those scammers who is after clients pocket but something kept on telling me to give it a try since i have nothing to loose. Thats how i finally got my loan. Here is my personal email should in case you’re interested in contacting him for a loan. I don’t want to post his email address here. These scammers might try something funny. So here is my email, andrewstacy89@yahoo.com. Email me and i will tell you how i got my loan without stress. Don’t contact these scammers here, they are all fake. Fuck you all fake loan lenders.

    Ann

  2. I am looking for an attorney in Colorado who can help me file a quiet title action. My loan is current. I’ve already been through the modification mill in 2009.

  3. We own nothing and GOD created and owns everything, we simple are responsible for things. Its unfortunate that Ceaser has still not figured this out and continues to travel down the original road to destruction laid centuries ago. I have a mortgage that is near its end, and the house has 5 to 6 x the value even in today’s market . The mortgage company Wells Fargo is only administrating the loan which the holder in due course must be Fanny Mai? I found this out while I am still having a dispute regarding late charges and the fact they just want to make you pay without justification, so they put what they want in the mortgage payment not list it as an additional charge anymore but basically say screw you or else. This was also done the same way when I had a short disruption in Home mortgage insurance which of course no claims were made, again it is now put in the mortgage payment, since they won’t discuss the dispute. The long story short is they are absurd, rude,can’t add hart to communicate with and threatening with foreclosure with continuing to deliberately screw up the invoices even after I pay more. My question is since they are just administrators, what can I do since this is going to continue till they get their way, and of course by the only means of using contract documents to hurt me, and work to steal away the equity for themselves, and again something I don’t understand. They should only be able to get a Judgment on whats owed them if I don’t pay. I will stand by my principles and only pay the original scheduled amount for the mortgage the rest will be in dispute, as I have till now. But I do know, they don’t care to resolve this, and do not answer any concerns of mine. Since its all by mail and they are hard to contact by phone ( no one knows anything). In conclusion, at this point I want my house if its “mine”, or I need them to return all the taxes and interest I paid on it over the last twenty years in a check to me, they can keep it and next time I will do things differently in addressing the illusion of ownership. My other thought is for them to subtract their amount from my equity and call it a day. This goes for the City tax assessors as well, no more free money without real hard justification for its use and proper value determinations not bogus. What ever happened to the guide line of 3 percent yearly inflation on true value, which would have saved our Nation from the trouble its in now? Sincerely, Mike

  4. Need help in Minnesota. Is there any Attorneys that can and will be on my side here and not just vout for my quick dallor and nothing to show for it?

    Thanks
    Rick
    Savage, MN

  5. Can you assist with counsel in Illinois?
    Please advice!

  6. We lost our home in the State of Washington. I did not find one lawyer on this website who would touch our case with a 10 foot pool.

    It appears virtually all of the lawyers are part of the establishment & do not want to rock the boat. You may be able to find a lawyer who will take your case on a high fee basis that you cannot afford.

    I believe you will not find any lawyer or law firm that would ever take any mortgage case on a contingency basis. The courts or judicial system appear to be broken & in effectual for the common lay person.

    Some home loan modification appear to work after you patiently wait 2 years but the majority of the people can barely last 6 months or less because of the current financial condition.

    Americans need to fight back & avoid the courts as the COURTS ARE NOT LISTENING. Perhaps a minute few but nothing newsworthy worth mentioning. It appears the banks control Corporate America.

    Call it conspiracy or what have you. Just look at the results. I can truly say I’m embarrassed by the United States Government. To be honest is there a better governmental out there? It appears not..I would not place my trust or hope in any government.

    Gawd I’m starting to sound like one of Jehovah’s Witnesses about placing your trust or hope in any earthly government.

  7. I’m in Central Florida. Lost my home to the Countrywide crooks, MERS, and the documents that are in my files are NOT the originals and don’t even have any endorsements on the backs of the pages…..tried to save the home in every which way we could and lost it finally when the bankruptcy attorney wouldn’t make sure that the lender had the note, which they didn’t. There was all kinds of things that were ignored in our case, and to top it all off, our home was SOLD for 100 dollars BACK to the lender, “because nobody bid on it” which is BS. through all of this, Bank of America kept sending us threatening letters a whole year+ after the bankruptcy! We know that our home was stolen from us, and I kept all of the communication in writing and emails. What can we do at this point?? It’s been a living nightmare,which split up my family, caused two heart attacks, and a near nervous breakdown. Is anyone out there who can give us a response and actually help us? Would be much appreciated….thank you!

  8. Hello, Our home sold on 6/27/11 after a chapter 13 had been filed. It sold on the pretense that the stay had been lifted due to an in rem relief order that was signed by a judge 12/2010. Can this trustee sale be reversed? Who do you recommend in Los Angeles CA?
    jos3ortiz11@gmail.com

  9. Hello, Our home sold on 6/27/11 after a chapter 13 had been filed. It sold on the pretense that the stay had been lifted due to an in rem relief order that was signed by a judge 12/2010. Can this trustee sale be reversed? Who do you recommend in Los Angeles CA?

  10. I was reading this blog:
    /2010/12/22/respa-new-qwr-form-submitted-from-comments/And saw your comment below:
    SUBJECT : RESPA
    Comments: THIS IS FABULOUS FOR A COUPLE OF REASONS: First use it prior to filing suit even if you don’t think you will pursue RESPA to get the potential defendants to answer on the claims you think you may have M. Soliman: Bush administration quietly repealed most of RESPA (hint Hint) HUD enforcement of RESPA (jurisdicition is a joke) legislation has no teeth. No teeth in a forelcosure claim.RESPA still works but under a more creative approach. Not my top pick for defense counsel . Survey say’s Pass!

    Dear Mike

    Thanks for writing. I hope you enjoyed reading the comments I have placed Living Lies. I personally detest the site for it manipulation of the public at a time of crisis. Perhaps you’re getting something from it. .

    Everything in a Mortgage Backed Securitization is upside down. My first securitization experience was a subprime offering through Continental Grain in 1996. CPA‘s and tax attorney as partners, brilliant people doing analysis day in and out. The analysis had nothing to do with the customer. . The Bank! That is all we did -focus on The Bank! That’s all we focused on over and over …the Banks!

    “F” the homeowner! Three years of the securitization world and the consensus was – IT DON’T WORK. My partner was a Mello Rouse genius from Bear – he left and said on his way out “it just cannot work!”

    That’s one reason why I waited – over 12 long years for this moment. I can tell you with pinpoint accuracy where the problems and culpability are and where the opposition is vulnerable to the point of perjuring themselves in a defense!

    If this is eminent domain then give the man with a family his day in hearing. And compensate him.

    Mortgage Backed Securities have a key hidden feature. It’s the hidden opportunity called “Buy as many homes as you can early and lease them up and stop paying. Then collect all the rents – why?

    THE DEAL REWARDS THE BORROWERS THAT DO NOT PAY ….. You cannot foreclose!

    Think hard about that —It does not work. This mess is an egg you cannot unscramble. Of course there so much more you’re not seeing and hearing – of course. MSNBC was the second behind yours truly to point the finger – to the question of “who caused this mess” ….FDIC Baby (MSNBC)! We were both wrong. President Cheney (G Bush Sr & Jr. ) Hint again! [LL: “Ohhh God “ lienN” make him stop …Call Hobo Kelly – call Bobo Pops or Robo Drops Ahhh; do Kung Fu . . Eat salads – – Make him Stop …Arghhh !] We are heading to the appellate court with this one and Supreme Court if necessary. It is the worse injustice to the American since extricating the American Indian and Hawaiians from indigenous land. The two had something in common “Pro Tanto”. It is a tragedy.

    As for you – do not stop the fight. Find a competent attorney’s and get valuable guidance. They have nothing – nothing to foreclose on . It’s only if they make it to sale. (equitable versus private right of action which does not exist under these statues quoted herein .

    Hang in there and fight smart. Until the home gets to sale- it’s yours. If I can help, let me know. It is not the easiest thing to break down and that is where I spend my time . . . ALL DAY IN COURT

    Take care friend.

    MSoliman
    Expert.Witness@live.com

  11. What about fraude used to get loan approved. When I had my house appraised in December 2011 found out they had two additional rooms recorded at York County Tax Office to get original loan approved

  12. Read the wordpress on timmccandless site neil posted about 62 million homes legally fore-closer proof love it now before april 6 2011 can i please get legal representation i live in los angeles and have robo LINDA GREEN on behalf of defunct company ARGENT mortgage and guess whose hosting the sale LPS./FNF anyhow ive got assignments signed and recorded two years two late and DOCX paperwork showing bull-**** after default was filed by non notarized paperwork my servicer is pushing for me to get a modification you and i both know , thats the inevitable other way of going around me signing my house over to them but just me cooperating what a raw deal CAN YOU PLEASE HELP ME i dont expect anything free and am ready for an attorney just dont want to doubt who i give my next couple thousand or more dollars to YA DIG? 818-366-5730 Robert And Tracy Ritchie tisseye@ymail.com ive donated my part please someone where do i go from here? sale date is for the fourth time April 6 2011 ive paid every mortgage payment they where mis applied and to make things worse they debited my checking account 9300.00 to the wrong loan and without my knowledge now they have said in two years all the payments (with proof) that iove made 53000.00 of payments American Home Mortgage Servicing says i have not paid one payment they refuse to look at my proof matter of fact lost my bank statements 4 times and refuse to offer any resolution other than BULL**** modification im not asking for and dont want , and a repayment quote saying the last 24 months of payments no acknowledgement of any payments before now they are refusing my loan payment since sept 2010 which forces us into forecloser HELP HELP HELP thank you and god bless america hey?

  13. We live in Arkansas and need to find a attorney that “gets it”. Can someone let me know?…I’m tired of Citi Mortgage and the Citi Modification hell.

  14. I just contacted a Dallas Lawyer from the “get it” list. Billy Price is a Bankruptcy Lawyer. Foreclosure defense ONLY through bankruptcy. This person mentioned that they do not know how they got on the Livinglies list but they should not be.

    Do not contact Billy Price PC in Dallas unless you are doing a bankruptcy to stop foreclosure.

  15. Hello,
    Looking for Attny. in Riverside County Ca to help me. I want to send out the Demand Letter to “lender” requesting documents to prove they are the holder of the note and that they have the power to enforce the mortgage and note. I also want more info on Rescission Letter or Cancellation where appropriate.
    Trustee sale 7.26.2010

  16. Our Home sold 4/20/2010 we need to file Temporary Restraining Order! Pronto! If there is anyone who can help in New Mexico please call or email (505)922-5000 or JGHEAVENSENT@NETZERO.com Please Hurry!

  17. Is there some one who can help in New Mexico Please call (505)922-5000

  18. This Site is Awesome and so needed in today’s times. I need an Attorney, but I don’t have any money. Pro Se seems to be my only option. Will the Home Owners hand book be of help in this regard?

  19. I have purchase your Seminar Workbook, and I am interested in purchasing the DVD Seminar series. However I have not located it on your site. Could you please let me know how I can do so.

    Thanks!!

  20. Melba Ford,

    We have an attorney who can help you with your defense. You have options and he knows Texas law very well.

    Maximum Respect,

    Christopher Thompson

    Legal Assistant

    Law Office of Marc A. Fisher

    (209) 430-7076 Direct

    (916) 988-8001 Office

    http://www.capitalforeclosuredefense.com

    “Never say ‘no’, until you KNOW what you are saying ‘no’ to”…

  21. by msoliman

    here it is ….a real amazing opportunity to look into the world of a genuine set of trouble makers. This moron actually thinks anyone with an Aurora loan is an automatic winner.

    Aurora, counsel Jaime Siedler (a business contact of mine) has got wind of this unfair and unnecessary email considered judicial interference and now we have a name and details for our case pending for defamation and other allegations of tortous interference with an experts testimoney

    You’ll love this one – please read!
    ————————————————————————-

    From: bemoved@aol.com
    Date: Mon, 16 Nov 2009 16:28:18 -0500
    To:
    Subject: CONGRATULATIONS on your Friday the 13th

    Good Luck on your UD case

    Hi, Syreeta,

    I am an active participant, with many embattled homeowners, of a 21st Century foreclosure defense blogsite http://www.LivingLies.WordPress.com (LL).

    On LL we learned last Friday through Maher Soliman that you prevailed with a dismissal with prejudice against Aurora. Would you be willing to visit our blogsite, weigh in and tell us just how you did it?

    Maher Soliman (a brilliant poster on LL) was ecstatic and claimed your victory was a vindication of arguments he used as an expert witness (supposedly on your case).

    I was surprised because I was under the impression Aurora was ‘on the ropes’ in California, and that they just aren’t bothering to show up where homeowners defend their foreclosures (with or without attorneys).Could you share with us or with me how expert testimony helped, and if so, what was it?

    (Mr. Garfield , me) we are all keen to learn from Maher Soliman . . . track his announced WINS (while we remain clueless!

    ————– look at this trash —————————

    I understand Abby has contacted you. She mentioned something about the judge in this case.

    RSVP

    Allan O’Brien Denchfield

  22. How do I postpone a foreclosure when the lender is indymac bank. I called them and they wont postpone the sale date because it is less than 30 days.

    http://www.rocklinsacramento.blogspot.com
    http://www.gordoncuffe@gmail.com

  23. I live in Texas, Dallas area, I am in an arm loan I am wanting to get into a fixed rate before interest starts through the sky. I can’t afford to pay closing cost of $11.000 to refinance and doubt if I would qualify. I have never been late and when I have tried to do a mortgage motify they tell me I don’t qualify. Do you have to be in fourclosure before you can get any help? And in the so called Reversed Mortgage they want $11,000 refinance fees plus 11,200. FHA Insurance up front. What have we come to.

  24. I am looking for an attorney in Colorado, preferably in the Colorado Springs – Canon Springs Area. When I fell two months in arrears with Werlls Fargo when y wife attempted suicide they put me in “review process” and told me to stop making payments while they worked out a modification plan. That was a year ago and I am still in review. I have a VA mortgage and the VA is attempting to help.y probl;em is I no longer trust anyone to tell me the truth and need help.

  25. I have 9 loans all with BOFA. and 9 second mortgages.I had to shut down my business in January . All of these loans were no- doc no- ver loans and most of them are either interest only, arms or libor loans.They were all done with the same loan officer ( From what I understand she has been let go ) Most of the loans are in the same town were I reside. and most of the homes were bought within 30 – 50 days of each other from 2007 – 2008. I would usually receive a desk top appraisal that was 200,000 more than what I paid and and receive the equity within a couple of weeks. After reviewing the loans ( now ) I noticed that they were all marked as Primary homes( while im renting the homes) ??? and they were done all with the same attorney. How could that be since they are mostly all in the same city ?? I had just took the loan officers word when she said ” Dont worry Ill take care of everything ” Anyhow I had to shut down my bussiness due to economic hardship, It has been very hard I have four children and two of them are twins under the age of three. in January. i was placed on a moratorium w / BOFA for three months, I have not been able to find any new work. It has now been 6 months that I have not paid on the 9 loans. I did submitt forebearance papers to the BOFA. I have received paper work stating that I am in default, but I have not received anything certified or offical on Foreclosure. What should my move be ??
    Do I have some kind of ligitimate case of fraud ??
    Please – looking for help – Thankyou

  26. Add this to the arsenal:

    Recall is the power of the voters to remove elected officials before their terms
    expire. It has been a fundamental part of our governmental system since 1911 and has
    been used by voters to express their dissatisfaction with their elected representatives.
    http://www.sos.ca.gov/elections/recall.pdf
    http://www.house.leg.state.mn.us/hrd/pubs/recall96.pdf
    http://totalrecall2009.com/

  27. Neil,

    I would like to get some information on your audit guidelines to see if I can improve my analysis and reports.

    I have been doing loan audits for my clients for FREE and referring them to attorneys to get help. I volunteer my services to a non-profit organization. I am begining to get a ton of referrals….(maybe I will start charging the $149 to cover for small expenses)..

    I will also try to connect with some of the attorneys in your network to see if they are interested in litigating rather than running loan modification production plants… (LOL)

    Thank you for all the great information here. Please do send me some of your guidelines on forensic loan audits. I would like to up my game a little more…I could use some assistance with the 10K reports (securitization issues) and assignments errors discovery process.

    Aamir (Riverside, CA)

  28. I did not see your seminar promoted in the newspaper for your Orlando conference May 19 yesterday. I would have been there. I have reviewed your “lawyers that get it” and noticed that NOT ONE are in Orlando. Perhaps after your seminar for lawyers on the 18th you can either up date your list or send a name to me. My mortgage is from Wachovia, serviced by Wachovia, and now Wachovia has been taken over by Wells Fargo. I am disabled permanently on SSA, my wife’s company went Chapter 7 in February so we are rapidly drowning. I had been talking with Wachovia since last September about this possibility, when it happened I called my Mortgage Counselor and he told me to STOP making payments immediately–he has cases of people who have not paid for 8-12 months we won’t get to you until next year. He gave me 4 other departments to call including Litagation and Mitigation. Each department told me to do whatever our Mortgage Counselor said; when I said he told me not to pay, they just repeated do what he says. One department did say they would send a disstress sheet; it came in March 9 pages, completed in 2 days and faxed back. Nothing, not a word since. Yesterday I get 5 envelopes from Wachovia WITH THE SAME IDENTICAL letter inside telling me I am 2 months past due and to submit payment immediately–5! Identical–no wonder they need bailouts. So with advice today from my now friend the Mortgage Counselor, he says I dont see them getting to you until next year. The earliest would be 90 days. I will keep you updated.
    So I am reading everything on your site to get ready; I can tell you that lawyers always caused blood to shoot from my eyes so it will be awhile until I am finished.

    In the mean time, if any Orlando area lawyer now “gets it” I would appreciate the name and number, but then I doubt if any showed up. In FL besides the Building Association Lobby, the Lawyer lobby is the largest in FL so guess who always wins.

    I do appreciate your service and shall donate.
    Rick Shafer
    Orlando FL 32828

  29. We have a case in Georgia which is a non-judicial state and would like help from some one in defending a case in wrongful forcloseure which is headed to 11th circuit in a month.

  30. Looking for a foreclosure or mortgage lawyer in Washington State to prevent & stop a foreclosure. If you want to win then
    call me at 206-763-4747 from 10am to 6pm PST

    I can bring many qualified clients.

  31. I Live in New Hampshire and sad to say there trying to foreclose on our property,Thur no fault on us,I filled for a injunction and it was granted,we went into our hearing and the Attorney for the lender asked for a continuance we all agreed,I have till May 20 th.I have a lot of information already ,but i’am a little unsure how to proceed .
    Thanks

  32. I am looking the attorney in Jersey City (NJ) who can help me to prevent forclosure. Please email me: ryarompo@gmail.com

  33. need legal help auction 4-29-90 VA.917-498–2458

  34. James L. Good Question: There are plenty of success stories on and off the blog depending upon how you define success. Many have achieved a more or less permanent stay of the eviction which has left them in limbo. Many have settled their cases un terms satisfactory to the borrower either with or without a substantial discount off the note. Many have had the “lender” walk away from the litigation leaving them in limbo, requiring the filing of a quiet title action. Those actions have only just begun so we have very little data — other than a few defaults entered against the “lenders” who failed (refused) to answer the lawsuit.

  35. Has anyone had success with this program? I see a lot of people posting up questions, but I don’t see anyone posting up success stories. I filled out the homeowners intake form, paid the $149, and basically got a call saying that it would cost $1,800 to do an audit of my paperwork.

    Has anyone actually had sucess with this particular program?

  36. I have a question regarding my rights. I live in TX. I called in February to bring my mortgage current. I was behind in payments due to marital problems. I could have paid my mortgage directly through my bank account epay but decided to call Wells Fargo to make sure the payment was received that day. I spoke with the representative for 18minutes, gave her my bank acct number, routing number and check number, made payment for amount owed. I was told by the representative that my account was current and that I was free and clear until March. I received a letter a week later saying that my home was in foreclosure from Barrett, Daffin, Frappier, Elgin, LLP. I called Wells Fargo to find out what was going on and the notes according to the representative stated that,”homeowner called to make account current, call was dropped before transaction was complete.” I went around with these people for hours, no progress. The attorneys tacked on their fees and in order to have my account reinstated I would have to pay and extra 948.00 or they would foreclose on my home. I complained to executive disputes, etc. No luck. Today, I sent them the amount in full, cashier’s check, signed receipt. I am furious about the 948.00. I feel I have been robbed. I don’t even know that they won’t still try to foreclose for some reason or another. The papers say that MERS is the original owner. I bought my house in 2006. The mortgage has been sold several times. I want my money back, but I didn’t want to lose my house over 948.00 so I had to borrow it. I am a single mom and would like some advice on any recourse that I might have in making these criminals accountable. I also want to be prepared when they come up with some other nasty scheme to try to take my home or assign more fees to me.

    Thank you in Texas.

  37. Like a lot of people out there, i to have been served with foreclosure papers. The original lender is the plantiff. Request for Lost Note Affidavite was also included. I consulted a local lawyer who didn’t seem to think he could help me. I filed the answer and requested Production Of Documents, namely produce the note. Attorney responded with a cope of the note “in blank” stating that the real note would be presented in court. A couple of days later I got another package stating that the lender was actually the “servicer” and this was sworn to by the Indymac Vice-president. Trouble is he is in Texas? For some reason it doesn’t sound right. I also check the first set of papers filed with the court and it is sworn that the plantiff “was the owner/holder of the note when lost” Isn’t that “fraud on the court”? I live in Gulf County, Florida. For any information you might send my way, I want to say thanks.

  38. I have a question, I have filed a Motion To Dismiss within the time limit for an answer no hearing has been scheduled despite a request to the court for a hearing. I have also filed a lengthy request to produce it has been 60 days I gave them 30days and requested them to schedule a hearing they have done neither. I have filed a motion to compel also.

    Today in the mail I get a motion for default and summary judgement for which they scheduled a hearing, in the same mail I got a notice of cancelation of hearing. My question is how do I respond to the motion for default???

    Also how do I ensure I get proper notification of hearings etc.

    The house is in Polk County FL

  39. I need help to get my loan modification done. Do you have some phone numbers to call in San Jose CA?
    Thanks!

  40. My mortgage has been sold more than 2 times since our purchase in 2004. We have been in a chapter 13 bankrtupcy for over 3 years, but the stay was lifted from my house in November, 2008. After the stay was lifted, my servicing company told me that I owed more than double what we owed before filing bankruptcy. The pre-petition amount owed to the mortgage company is only $2614 but they are saying that I owe over $22,000 now. I responded to their demand letter (via facsimile and certified mail) on January 15, 2009 — asking for validity of the debt and disputing the amount owed. I did not hear anything from them at all — not in writing and not via the telephone — until today. I get a phone call from the servicing company and the rep is telling me that she needs something done on this loan. They have given me plenty of time, etc. I told her that I hadn’t received a response and she sighs and says “I thought they sent you something” — then changes the subject and tells me that she needs me stop making my bankruptcy payments and needs me to enter into a forebearance agreement.

    My question is this — do they have to respond to validation of debt letters? Do I have any recourse right now? I am behind, but CERTAINLY NOT $22,000 behind. She was VERY adament on getting me to refinance for the Hope 4 Homeowners program with a company called Lend America –but insisted that they were not affiliated with that company. I’m calling BS on that one.

    Can anyone help me in GA?

    thank you.

  41. I have a question for all those attorneys out there. We recently filed a chapter 13 bankruptcy. The trustee payments to keep the house are ridiculous, especially since the house is worth about half of what we owe on it. If we relinquish the house and convert to a chapter 7 bankruptcy, what happens with the foreclosure that the bankruptcy stalled. Does it start all over again, or does the foreclosure pick up where it left off – with the auction a few days away.

  42. To F.Q. and K Q.

    I am an attorney in Northern CA. You are welcome to call me. I am listed on Neil’s list here and would be happy to talk to you. 415 577 2087.

  43. Anyone that can help me with my TS on Apr 9/09. We want to keep our home but our lender dont want any work out and very desperate. Any recommendation or suggestion who can check our documents for possible fraud on our mortgage? I am in Northern California. Thanks for any info.

  44. My lender is Chase and have a TS in Apr.9/09. the bank does not want to modify but instead forbearance and cant afford the huge payment. My interest rate went up from 6.250 to 9.250, have exhausted our resources and husband lost his job and unemployed for at year and thank God found a job. We had paid this modification company and its with the banks favor,I beg my lender but stated that they will foreclosed instead. we want to keep the home and this is the 5th time TS had been postponed due to negotiation. The loan is under my husbands name and with all this fraud coming up regards to loan and documents . Is there any one that can help us ? Any lawyer that is well verse with the foreclosure?thanks so much for any info…

  45. Sir the state of Ohio Commerace dept. is looking into Fraud on my Mortgage I am waiting to hear back from them, if they find in my favor I will need a lawyer to help me, I do not know what I can get from Saxon if I were to sue so you see I will need help, Doyou have any lawyers in northeast Ohio or northwestern Penna.?

  46. I urgently need an attorney who ‘gets it’ in the Naples or Fort Myers, Florida area. House was already scheduled for auction – postponed by bankruptcy, but the clock is ticking again and I’m out of time and money.

  47. I have a property that was forclosed on in Georgia. I would like to get the forclosure reversed. According to my amortization schedule I received at closing I over paid the mortgage company over $50,000. I need an experienced attorney in georgia that gets it. Do you have a list of names? May God bless you for helping people keep the American Dream alive.

  48. I need an audit and a good attorney that knows what he is doing here in riverside county ca

  49. I need help in finding an attorney in the Sacramento Ca who gets it. I have gotten a NOD and have responded with the letter of objection I got off this site. The attorney that is listed here from my area did not know that he was listed and is not aware of these procedures that are listed . I have about 60+ days before trustee sale. The original lender of my sub prime loan is First Franklin Financial Corp., AN OP, SUB. OF MLB&T CO., FSB

  50. I own a home here in Fort Myers, Florida. I lost my job last year. My home value is much lower than home mortgage. I contacted my lender, Countrywide to get back on track. I was short 300 per month to meet the current mortgage (interest only with taxes and insurance escrowed) payment of 1500.00. They would not even discuss reducing the home mortgage due to the lower home value. My call was made before Mr. Obama signed his new plan into effect. I also have been reading on mortgage fraud with Attorney General Bill McCullom’s web site. What is the wording or words , I could use to prompt them to re-evaluated my mortgage?

  51. Michael A. Yaverski,
    I understand your frustration at this difficult time in your life! We can fight this for you, we can! Please contact us – floridadefenseteam@comcast.net – no retainer fee, affordable fees. We serve most Florida Counties.

  52. We have reciently, 0217-09, been served with a Notices of Lis Pndens and have to respond in 20 days. I am unsure if I can manage to respond correctly and that my resonse will have a favorable effect, or for that matter if an attorny’s response will have any greater benefit than mine. Our funds are drasticly limited, due to many influenses, and we need to be sure that we are doing the correct thing. We want to save our house and are presently under review for a Loan Modification and we are unsure if we can manage the response and, for that matter, what the correct format for the response is… Is there a specifi format that is “Required” or is a certified letter to the respective parties, outlining our present review for Loan modification and last years illness’ an appropiate path?

    Thank You for any response that will direct us in the right way.
    Sincerely,
    Michael A. Yaverski
    Florida

  53. Forgot to add I’m in Florida. (blog)

  54. Hi , this boog is awesome. I really need some help. My property got sold today at the courthouse and I heard the sale can be reversed. What is my first step?

  55. I have contacted several attorneys who “get it”. Unfortunately, none of the attorneys have very much experience with foreclosure litigation. I have a very complex case and would like to speak with an experienced mortgage / foreclosure attorney in Northern California. Any suggestions?

  56. Oops, forgot to add, my state is non-judicial. I don’t know if their atty even needs to contact me, and I don’t know if they have to hold the sale at our county courthouse or if they sell in some other venue too far out of reach for me.

  57. Dated Feb 9, 2009 letter from Servicer states “attempt to get hardship assistance has been denied due to [borrower did not qualify]” and “if your loan is in foreclosure, a scheduled foreclosure sale will be conducted” yet a phone call 2/17 from the loss mitigation / debt collector (from India) says “we don’t see that a foreclosure action has started yet, as we are giving you a little more time to make a payment? Are they bluffing? What do I send first? a) A Qualified Written Request that asks them to produce the note, plus other requirements (like 20 pages), or b) do I just send a request to rescind citing the TILA, RESPA statues? Time is running out, especially since they can hire an atty at any time now. Thing is, they haven’t even sent me copies of all the original paperwork. I haven’t asked them to produce the note. Today is 90 days late and counting.

  58. Kathy,
    Call us – we’ll help you out – no retainer – reasonable fees and we specialize in Foreclosure Defense for Florida.

    floridadefenseteam@comcast.net

  59. I live in Florida and I am just now finding out what accredited and Hsbc did who are now my lender. I am now in the process of loosing my home. I filed bankruptsy in 2005 and did not file on the house or car. How will this affect me if I go to real estate for possible fraud on them and where is the note? Is there a statue of limitations on being ripped off? I live in Jacksonville.

  60. Dear Sir,
    Your website is very informative and educational. I believe, there will be a lot of people that will be helped on their mortgage predicament. My wife and I are not exempted.We are working very hard to hold on to what we have, I have tried to negotiate with the lenders but their response is DENIED. The properties are upside down but the lenders are harsh and brutal. Anybody that you can recommend to help us start the process here in San Jose, CA. My number is 408-416-1722.
    Thanks again and more power.

    Sincerely,

    Matthew Divina

  61. Does anyone know of an attorney that can assist me, my husband died in Oct. 08, and there went 2/3’s of my income…hence I am unable to pay the mortage written in March of 07…for more than the value of the property at that time. Lender HBSC never set foot on the property they”had a computer apprasial”. My husband was working to save his business….needless to say…a large pile of stuff…

  62. I was served a notice of foreclosure and have 30 days to respond. It was initiated by the attorney Countrywide hired. I have since spoke to Countrywide and my loan is in the modification department and we were notified all collection proceedings have been suspended. I know I need to respond to the court but what can this attorney continue to do? I don’t know what happens after I respond. Can anyone give me advice? I live in Santa Rosa County Florida.

  63. David,
    I looked up your property in the public records. It looked like someone filed an answer for you. Did you have an attorney? If it was my property, I would file an emergency order to vacate the judgment ASAP.

    David, you need to do something quickly as your home is scheduled to sell on March 5, 2009

    His property is in Volusia County, in Florida.

  64. http://www.lawhelp.org/documents/273941C-5%20Filing%20an%20Answer.pdf?stateabbrev=/FL/

    Ken,
    I am not a lawyer …yet ….and don’t take this as legal advice but if it were my property I would file an answer ASAP so they cannot get a default judgment. This should give you more time to work on your case.

  65. I was served 19 days ago, 3 summons one for me one for my wife and one for john doe, doe had 20 days to respond, my wife and i ahd 30 days to respond

  66. Mr. Jose my property is located in Deltona Florida that is on Volusia county. Thank you for answering me. My phone number is 386-479-4490 that is my cell number.

  67. Chase Home Finance is about to foreclose on my home in SW Florida.
    It’s been refinanced a couple of times, Novastar, WaMu, and now Chase. I’ve been researching documents since finding this website, one mortgage shows me as having my own business, I’ve NEVER had my own business. I’ve never provided any documentation of income since the first orginal mortgage. I’m currently behind on my payments from lack of income, need help but can’t afford high fees, can anyone help?

  68. DAVID,

    FIRST OF ALL THANK YOU FOR YOUR SERVICE TO OUR COUNTRY,

    SECOND IT IS A SHAME OUR LENDING INDUSTRY HAS NO HEART, AND THIRD ONCE YOU FIND OUT HOW TO FIGHT FOR YOUR HOUSE, KEEP THE FAITH AND HANG ON.

    DAVID WHERE IS YOUR PROPERTY LOCATED???

    LET US KNOW < MAY BE AN ATTORNEY FROM THAT STATE AND COUNTY MAY BE ABLE TO HELP YOU.

  69. Ken, when did you get served

  70. I need help please. My house is being foreclosed, in the papers they served on me they say they lost the original mortgage. Also this was a refinance of our residence and they did not give a 3 day recission period, they gave me the check at closing.
    Any ideas?

  71. Dear sir,

    Thank you, for informing us the ways to keep our houses. I’m a U.S Veteran and I’m loosing my house. The bank can’t help me becouse I’m disable and I don’t make enought money. I told then that I went thru a divorse and I’m waiting for the veterans to approve my case. I only get the money from social security and that is only 12oo dolllars a month. My property when i purchased it was 200k and after a year the property was appraised 245k now i try to put my house on a short sale and the house is not worth not even 80k. I told my mortgage lender if they can give me the house for that much and I was denied. A payment for that price is about 400 to 500 depending on the interest rate that i will get.I can amke a payment of 600 to 675 per month and they say that they prefer to give to some one else insted of me that I’m living in this house. Please help me to get a lawyer that will fight my case and will be able to lower my payments. I wish I can go and defend my self but my disability does not help. I forget a lot of things and if i have to memorized something i won’t be able to remenber. Please help, this is the only thing I have for my kids.

  72. Can someone please help my name is Deborah DeLucca we are losing our home. The mortgage was with greenpoint and then sold last year to countrywide which we just found out. Payments a far behind, It is a interest only loan with a second held by Bank of America ( it was a 30 year no- dock loan ).

    Please please help us ,can you point us in the right direction..

    D. DeLucca 484-645-6386

  73. I need help regarding foreclousure in Orlando Florida . Please have some contact me . God bless.

  74. Greenpoint closed deal in July 2007 before their going under. They Sold my mortgage to Country wide and Notified me November 15, 2008. Attorneys for Greenpoint started to advertise for foreclosure 11-1o-08 to occur 12-2-08. I filed bankruptcy 12-1-08 to stop foeclosure. They later notified me of dropped foreclosure 11-28-09, but too late to withdraw bankruptcy. Country wide’s lawyers wrote me saying they await possible HUD mortgage restructuring. Bankruptcy is getting dismissed. Need a good GA lawyer to proceed with TILA letter and rescission.

  75. Thank you. I will work on it.

  76. You have the same issue as someone with nearly the same name. Get a lawyer from our list or on your own, and attack using the forms and theories presented on the blog, subject to the advice and counsel of a lawyer who is looking to win, not merely delay matters.

  77. Our home finally sold in the trustee sale, bank took it back in 08/28/2008. Only heard from realtor 1 time. I have not heard from Saxon at all or who ever has home.

    I petitioned a copy of a the authentic note, but only got a copy along with a poor copy of appraisal.

    Now, what? Do I file something in court first, or just wait to be served with the UD. Can the bank sell this place with out evicting me first?
    Delia (925) 726-9551
    Any profession/Expert advise is helpful and will bring some relief.

  78. I came across this site and am finding it very interesting. I had to file bankruptcy to hold on to my house but everytime I turned around the “lender’s lawyers” kept piling up their fees. I’m barely making my bills and bankruptcy payment which is nearly $900 a month for 5 years. This is with some friends living with me, helping me out. It seemed that I ended up having to pay more in lenders lawyer fees than I actually owed in arrears to the bank. Is there anything I can do about this in MA? Any help would be greatly appreciated.

    Thanks!
    Jim S.

  79. House forclosed, received unlawful detainer need an legal assistance in Oceanside CA, can you recommend someone?

  80. I am right in Miami and would like to have your advice on refering me to a competent Lawyer in this matter.

  81. I need help with a case in Indiana to save our home, Can you point me to someone local who can help. Or should I use someone else?

  82. URGENT! I need audit and good attorney, there is anyone who can help me here in FL?

  83. My home was foreclosed in Sept.07 past the 12 month redemption stage and eviction now pending. The wrinkle to my story is I am the sole borrower on the mortgage and my husband hid this from me the whole time. I had one conversation with Novastar mortgage 3 weeks prior to foreclosure(not knowing that at the time) when I heard my husband talking to them. I picked up the phone extension and asked if there was a problem they told me everything was fine and that they were calling to remind about the payment. I am so upset that this whole foreclosure can happen and no one ever had to talk to me. yet I cannot up-grade my cell phone plan as my husbands name is on it yet I can lose my home with never knowing. I am located in michigan Ann Arbor area-I am scheduled for an emergency writ to stay hearing on Nov.5 2008 and need any advice or help that is out there. I have 3 children and 11 pets that will be displaced if this is that final outcome.I have 14 years invested in this home and want to keep it at all costs.Hoping there is some advice out there-thanks-mari

  84. I am looking for an attorney in New York, Please email me at : orlandosanti@aol.com
    Thank You
    Ray

  85. Are there any attorneys in Northern California who understand the law/laws presented by Mr. Garfield, that prevent homeowners from losing their homes. My challenge is in getting documents recorded, and adding muscle behind my demand letters to the lenders etc. Please email me with the name(s) of attorneys in the Oakland and Sacramento, CA areas. Thanks

  86. As a caseworker for a local government social services agency I never imagined I would see the clients I now see in our office.And I have been in this business for 31 years.We served the poor of the poorest.That has now changed.What I see in my office seeking assistance are former middle class and upper middle class that are on the verge of losing their homes and condos and yes even former upper middle class as well.Keep up your excellent work and I plan to buy your workbooks.

  87. know a good lawyer in pennsylvania? please respond.
    thanks dave

  88. I have written before and am grateful for the knowledge shared here. I am looking for a way to get back my property. Caveat: I am technically a renter here a friend owned the mortgage that was foreclosed and subsequent judicial sale back to the mortgage company. We had a 30 day period that is now over to contest the sale but we are still here. The lawyers here say there is nothing I can do but move or slightly delay the eviction. I know there are cases where people have recovered their property but cannot figure which way to get back in the system to fight. Do he or I file a new lawsuit? As renter I do not think I can challenge the pending eviction or foreclosure as I have no legal standing here. There are no lawyers here in Illinois that I can find that know what the hell I am talking about and say sorry to late find a mover and an apartment. Any hints, clues, suggestions. I have court date Oct. 2 Sincerely, George Barr

  89. I am about to lose all my properties, do you have any lawyers here in Las Vegas that can help me. I am in some kind of land patent scam paid them all my son’s college savings to save our home and now almost in foreclosures and no info is being given to stop it. I cant really afford to pay high fees but contingency from lawyers would help ,need help very badly.

  90. I am very impressed with your site. I am a former Florida attorney living in Georgia. I used to do foreclosure defense with Legal Aid in Broward County and also in private practice. Since Florida is a judicial state, I could always file affirmative defenses and counterclaims, avoid summary judgment and usually settle the case. I would like to help the people here in GA, but this is a non-judicial state and I need help in coming up with ways to get the matter into court
    I liked your letter of objection to trustee. Do you have other suggestions for defending foreclsoures in non-judicial states? Thanks. Email me back. Ron

  91. I am not an attorney or litigator, however, I am in desperate need of an attorney here in the long beach area of California that can take on my case of possible lender fraud. I don’t have the strenuous fees that are charged either. Can I attend the seminar that will take place in Santa Monica,Ca. for informational purposes? I would like to save my properties.

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