over 150 Lawyers in 37 states

Lawyers That “Get It” Listing – 0310

Lawyers to check out: No Guarantees, and bear in mind Lawyers have to pay a mortgage and feed their family. We have information that these attorneys are knowledgeable in the defense of foreclosure cases and capable litigators who can defend the property and perhaps even gain the advantage through quiet title or other tactics and strategies discussed here.

Many of them have been to one of our Lawyers Workshops and/or have a copy of our Lawyers Workshop Handbook,  but you need to talk with them directly as it always important that your lawyers understands what your objectives are and the facts surrounding your particular set of circumstances. Competent local counsel is important as they are familiar with state and local laws and procedures and various idiosyncracies unique to the local forum. We will and do collaborate with them on some cases with regard to assisting with a forensic review, legal discovery research and overall claims assessment and case strategy. Always remember the old saying:

lawyer knows the Judge.

332 Responses

High Court Rules for Homeowners in Mortgage Dispute
Reuters
Jan 13th 2015 11:48AM

Alex Wong via Getty Images
By Lawrence Hurley

WASHINGTON — The U.S. Supreme Court on Tuesday ruled in favor of homeowners seeking to back out of mortgages when lenders are accused of failing to follow a federal “truth in lending” law.

On a 9-0 vote, the court handed a win to an Eagan, Minnesota couple, Larry and Cheryle Jesinoski, over the $611,000 loan they obtained in 2007 from Countrywide Home Loans, now part of Bank of America (BAC). On the technical question before the justices, the court said homeowners need only write a letter to the lender, as the Jesinoskis did, and don’t need to file a lawsuit in order to benefit from a provision of a federal law known as the Truth in Lending Act. The law allows consumers to rescind a mortgage for up to three years after it was made if the lender doesn’t notify them of various details about the loan including finance charges and interest rates. The Jesinoskis filed their notice right before the end of the three-year period and filed a lawsuit a year later after the bank said it was disputing the claim. The language of the law “leaves no doubt that rescission is effected when the borrower notifies the creditor of his intention to rescind,” Justice Antonin Scalia wrote on behalf of the court. The provision is typically used by homeowners who are struggling to pay their mortgages. Lawyers for consumers say mortgage companies routinely violated the law in the years prior to the 2008 financial crisis. Lenders contend that notice is not enough if the bank in question disputes the homeowners’ claim. Appeals courts had been split over what homeowners have to do to trigger this rescission process. The Jesinoskis appealed a lower-court decision that favored Countrywide. The Supreme Court reversed that lower-court ruling. The case is Jesinoski v. Countrywide, U.S. Supreme Court, No. 13-684. 2. ” Woman in California Beats a New York Bank.” November 2014 NEWS DESK SPECIAL EDITION from Consumer Rights Defenders…… The BANK OF NEW YORK MELLON in the case of Bank of New York Mellon, a trust, v. Janeece F., GIVES UP. AS THEIR CASE GOES SOUTH….BANK FILES A DISMISSAL IN A JUDICIAL FORECLOSURE CASE IN SUPERIOR COURT ON OCTOBER 27, 2014 in Sonoma County. Our “woman of the year” has finally beat BONY M and its lawyers and they gave up. After nearly 2 years of hard core litigating, Janeece finally prevailed in one huge battle against BONY Mellon who was sanctioned money for discovery abuses, lost two trial dates, failed to take plaintiff’s expert’s deposition [Neil Garfield was her expert] and all done by Janeece with NO ATTORNEY. She did have our staff helping at Consumer Rights Defenders. We can help you too. If you want more information about this tremendous victory, call Steve or Sara at Consumer Rights Defenders at 818.453.3585. We are here to help you win your battle, since 2007. Attorneys available to review your matters. 3. News Desk at Consumer Rights Defenders, Education Hot Line: we are at 818.453.3585 for foreclosure issues and free consultations. Thanks Charles for this well penned article of interest regarding securitizations. All should read this if your note is held by a TRUST. Go here to read it fully! By the way, last week our client got a TRO in California, Alameda County stopping the foreclosure sale. We can assist you too. 818.453.3585, call us today and ask for Steve or Sara. http://tollefsenlaw.com/wp-content/uploads/2014/08/Standing-defense-mortgage-foreclosure.pdf 4. Exciting News from Consumer Rights Defenders NEWS DESK, September 4, 2014: ANOTHER TRO IS GRANTED….. On September 3, 2014, in the Calif. matter of Powell v. Wells Fargo Bank, our client received a temporary restraining order [aka TRO] from the Superior Court in Alameda County in Northern Calif’s Bay area. Our assistance was the game changer as the court found he had presented sufficient facts and grounds to enjoin the foreclosure sale pending this coming week. WE can help you too if you call us at 818.453.3585 and ask for Sara or Steve. With offices in New Jersey coming soon serving the New England states, Virginia, Texas and the West Coast, we are proud to offer assistance to all homeowners in need. We support Living Lies and Neil’s work 100%. America’s No. 1 Foreclosure Litigation support support team. Rated 5 stars in customer satisfaction – Reuters 5. APRIL 2014 NEWS FLASH….from CONSUMER RIGHTS DEFENDERS: Congratulations to Ms. Janeece F. is our NEW client of the year and is pounding Bank of NY Mellon in her case in Northern California. Congrats to Janeece F. from Northern Calif who was just awarded almost$1000 in sanctions against BONY Mellon for its refusal to produce documents and other sins of omission that was a scheme hatched by their cheesy attorneys in San Francisco. Janeece has been receiving assistance from CRD for over 18 months in her state court case. She was sued for a judicial foreclosure, then she filed a cross complaint against BOA, BONYM, MERS, et al. She is even doing her own depositions of the bungling bank’s big shots, with our help of course…and so can you!!!
Her case is not unlike yours if you get serious. You don’t need a lawyer for much of your litigation if you have us to assist. Eventually you will want one, but for now, affordability is key. If you are ready to litigate and save your home, then,give us a call at 818.453.3585 today. Ask for Steve or Sara. Helping folks nationwide save their homes and rated No. 1 in Customer Satisfaction.
Our website is CRDefenders.com and see our blog about Laura G a single mom of three who BOA tried to cheat, who we helped to get a $52,000 reduction in her Note last year….drop by and say Hi, we’d love to hear from you. God Bless Neil and America in this war for justice!!! 6. Consumer Rights Defenders, America’s No. 1 litigation support service has a web site that is is a MUST READ: Go to … CRDefenders.com and call them at 818.453.3585 for assistance. Litigation help for the pro se. Ask for Steve or Sara. 7. This has always been a go-to site when I need to research a particular question about foreclosure defense, robo-signers, duel-trackers, and the like. I also do research before posting blogs on my site which is http://www.californiarealestatereport.com . Thank you 8. Mr Garfield, on June 23, 2013 I posted this comment and basicly a challenge to put me in contact with a good honest lawyer Scott Beauchamp, on June 23, 2013 at 4:35 pm said: There are no honest lawyers left in California, they are just like weather men, wrong 99% of the time and still get paid and keep their job. I work, I get paid, I work, I get paid!!!!! Lawyers want to be paid and maybe they will decide to work, most likely not. I had a judge threaten to jail me because I informed an attorney that by the way, I had paid in full to do her job or return my money. She got to keep my money and I ended up losing my home my freedom and family. So quit blowing smoke up everyone’s ass, there are no good honest lawyers, prove me wrong if you know one in or near San Diego, have them call me at 760-707-8402. I wont hold my breath I must say I was impressed! A young man from your office contacted me and gave me a contact number and name. But when I contacted the California State Bar to check out this Attorney, it appears that the Attorney I was referred to was and still is DISBARRED to practice law in the State of California since the 1990’s. Please check this out for yourself and if this is correct my challenge still stands and thank you for helping me make my point 9. There are no honest lawyers left in California, they are just like weather men, wrong 99% of the time and still get paid and keep their job. I work, I get paid, I work, I get paid!!!!! Lawyers want to be paid and maybe they will decide to work, most likely not. I had a judge threaten to jail me because I informed an attorney that by the way, I had paid in full to do her job or return my money. She got to keep my money and I ended up losing my home my freedom and family. So quit blowing smoke up everyone’s ass, there are no good honest lawyers, prove me wrong if you know one in or near San Diego, have them call me at 760-707-8402. I wont hold my breath 10. To Lilia; From Mike in Colorado; I used Consumer Rights Defenders in both my bankruptcy and federal court matters. They are very dependable, responsive and have a vast data base of legal and court information that on one else has, even the dozen or so attorneys that I called. They understand the concepts of foreclosure lawsuits from all aspects including real estate, secured transactions and preparation for trial. They were frankly in my opinion outstanding. I contacted them at (818) 453-3585 and they have offices nationwide if you call this number. 11. Has anyone used Consumer Rights Defenders? If so, what was your experience like with them? Are they legit and do they deliver as they say they do? Please advise. 12. What’s up, its good article about media print, we all know media is a great source of data. 13. THE TIDE IS CHANGING HOMEOWNERS: FDIC vs. Construction Lenders Jury Verdict: IndyMac Bankers Liable for$169 Million

By Steve Nelson, J.D.: December 10, 2012
Jurors awarded this $169M verdict (PDF) against three former IndyMac Bank executives for originating dubious construction and development loans. It happened last Friday in Los Angeles at the US District Court for the Central District of California.$169M Verdict Against Former Indyac Bank Executives

In their original complaint, the FDIC alleged:
That the former bank executives were too permissive in underwriting and originating a host of development and construction loans
Their permissiveness was negligent
And their permissiveness breached the fiduciary duty of care each executive owed to the bank before it failed
The jurors agreed with the FDIC on the 21 loans that went to trial. The result: a verdict for the FDIC on every count—and, in one combination or another, against each former executive respectively—totaling about $169M in damages. Call us at Consumer Rights Defenders for foreclosure lawsuit help at 818.453.3585 today. 14. Consumer Rights Defenders just obtained 3 more TRO’s this month. Call us for foreclosure assistance with Attorneys and staff standing by at 818.453.3585. Ask for Intake staff for free consultation. 15. The Mid Atlantic Office of Consumer Rights Defenders is now Open in Virginia. Please call us for immediate legal services at 818.453.3585 with attorneys and paralegals standing by to give free consultations. 16. http://consumerrightsdefenders.wordpress.com/ Contact us at 818.453.3585 and ask for Sara or Steve 17. THREE MORE TRO’S GRANTED THIS WEEK. Consumer Rights Defenders success rates are at an all time high at 93% of all restraining orders against foreclosing lenders filings being: “granted.” Call for free consultation and ask for Steve or Sara. Attorneys standing by to appear for you even if you are in pro se. 818.453.3585. 18. I get pleasure from, lead to I found just what I was having a look for. You have ended my 4 day lengthy hunt! God Bless you man. Have a nice day. Bye 19. […] on November 22nd, 2009 at 10:35 am […] 20. Here is an article by an attorney at one of the big foreclosure mills in COLORADO. It give some insight into how they approach the matters of MERS, the holder, separation of the note and deed, etc. Any input from the experts on this self serving view would make for an interesting discussion. http://www.usfn.org/AM/PrinterTemplate.cfm?Section=USFN_E_Update&Template=/CM/HTMLDisplay.cfm&ContentID=18412 21. We thought our Calif [and other states] readers might appreciate this quick blurb. Call us at Consumer Rights Defenders 818.453.3585 to have a free consult. Our attorneys and paralegals help in pro se’s with free consultations and affordable solutions. Ask for Steve or Sara. Enjoy this reading, all concerning the importance of the NOTE vs. the mortgage/deed of trust: The lien is an incident of the debt and an assignment of the debt “carries with it the security.” (C.C. 2936.) Hence, an attempted assignment of the mortgage (or trust deed), without the note, transfers nothing to the assignee; and a transfer of the note, without the mortgage, gives the assignee the right to the security. (See 4 Miller & Starr 3d, §10:38 et seq.) Thus, in Adler v. Sargent (1895) 109 C. 42, 41 P. 799, a mortgage and note were executed, and the mortgagee assigned both to a bank. The bank did not record the mortgage, but held the note. Subsequently, through various transactions, a bona fide purchaser received an assignment of the mortgage and a forged copy of the note. The bank still held the real note. Held, the bank prevailed. (109 C. 48.) 22. HOMEOWNER INTERROGATES YALE LAW SCHOOL GRAD IN THE NEW CENTURY MORTGAGE BANKRUPTCY 23. Your honorable Judge T. Conkel & Judge Perkins David Slaughter March 3, 2012 Court files 10cr10406, Good morning Request to have my trial reinstated I am writing today not only about myself but about a child. A baby in need of assistance that day almost 2 years ago in the Lion’s park. Were I thought I could use the 911 service but I was sadly mistaken depending on the officer that was sent out that day. The abduction and eventually kidnapping where my new neighbor unknowingly awaited them to take them to the bus stop. He is also my witness. A child that was missing for almost six days. There was no investigation about the 911 call that was never answered about a child in dire need of help and without shelter on the street. With drug addicted nonparents that had brought the child to me in the first place and are in need of a lot help themselves. Stealing hustling pandering pan handling bagging and prostitution living on the run living on the streets of Minneapolis. They thought they were hurting me yes they were. What ever happened to the rights of this baby he is a person too entitled to all rights like every American. What ever happen to the investigation about the 911 call I made about a child abducted and kidnapped taken to Minneapolis to live on the streets. This child and every child deserves better than that!!! There was no investigation about that 911 call no follow-up and no investigation at all. I guess it was just a noncall. I was hurt pretty bad and by the third day there was nothing from Chaska’s police department I started to prepare myself to go out and look for this child without anyone’s help. By the fifth day I was up still in great great pain but I was up and I called my friend to help me go look for the missing baby boy. By the way he is also my witness. Minneapolis is a big city it was doubtful that we would find anything out there they could be anywhere. About 4 to 5 hours before we had a lead on where they might be. and The we checked strip malls and stores and homeless shelters are where homeless people hang thank you God it was warm that week. The child not deserve this injustice. What would you do if it was your nephew’s child and you raise the nephew too. Black people and I as a black man has been through more than my fair share of injustices as a man and as a people as it is well documented and. As for my attorney Bethany Koch we have been at odds from the begining. A man is innocent until proven guilty . I have been guilty from the start to my apartment complex that threw us out after nine years of faithful tenant management partnership all because of this case . She has been trying to get me to plea from day one. If I had listened to her advice I would be guilty of everything now. First trial found innocent by way of self-defense as well as a second trial that I never got the chance to have because of her legal advice !! That’s my attorney advised me to plea because he didn’t believe in my innocence. Maybe she was trying to save the state some money. In any case that’s not her job. Her job is only defend me. Which by the way she never tried to do. Even in the first trial winning it from her talent only was not the case. But from the proof in the case that is why would like to throw myself on the mercy of the court ask the permission of Your Honor’s the court County city and the state. Why I would like to take back my plea and have my trial. 1. My legal defense has never been a defense to me. 2. I was coerced by my public defender before we came in to accept the plea . She said now I can go and talk to the gentleman that was talking about a Aftord plea and that I could give him a call. 3. It’s all or is her is as old as is about me was about a 911 call and never answered and a child being abducted four overs five days . 4. This Alford plea was a plea already offered to me . And this was stated in court by my public defender. I was never offered anyl Alford plea therefore my public defense lied in the courtroom about offering it to me. In any case I was never offered anything about an Alford plea therefore my defense lied to help the prosecution. I have never felt so alone in a courtroom since I’ve been in Minnesota . 5. The prosecutor his offer never made. That means the prosecution and the defense either lied together in the court room to where the offer Alford plea was never made in this case. 6. I was also hurt by your jail attendants. 7. I was also stabbed by an EMT paramedic. 8. I was found not guilty by reason of self-defense against the assault on the paramedic. What about the assault on me by the paramedic he stabbed me. 9. The state prosecuted me and the other 3 fifth degree assaults of three healthy white men with their children. I was when woman and two children the police took him away without a child. 10. Where is the child and where is the investigation of the child being missing. 11. This makes a mockery of our judicial system and our Constitution of the United States of America. 12. As for the officers that day they are supposed to be hailed to a higher standard than average citizens and uphold the laws and bylaws of our great country I don’t know what these officers were doing but it wasn’t by the laws they were taught. God bless you and God blessed the United States of America and everywhere else. Thank you please help need my civil rights and please help this child get his civil rights too. 24. We are now moving into the appellate ranks with Writs and Appeals to save homes and keep hope alive. After a recent eviction case we were able to help a homeowner get her writ granted stopping the eviction. We utilize strategies that are now starting to change the trend. Call us at Consumer Rights Defenders and ask for Sara or Steve M-F 9 to 4 at 818.453.3585. Attorneys and paralegals who “get it.” God Bless Neil for his hard work to help America save homes! 25. Byron, I need a lawyer that gets it, HSBC has forclosed on me..next step is sale. Crown Point, Ind 26. A few Bankruptcy Judges get it. Read this and then call us at Consumer Rights Defenders. Aggressive help for the homeowner nationwide: http://www.ksb.uscourts.gov/opinions/OpinFiles/DLS_07- 6077ReathafordDenyMotionsToDismiss.pdf Call today at 818.453.3585 – “Bridging the Gap and taking no Crap” from Banks. Attorney’s and staff standing by. Just a few positive responses: Lynda P. from Texas: “I was totally baffled by all of the information and had no idea how to make it work for me. CRD got me back on track and the suit I have now is moving forward very nicely.” Hank, Esq., from Calif.: ” I’ve been a lawyer for years, but CRD really knows this foreclosure stuff and helped me stop a foreclosure for my clients, then we sued the bank, again, with their well reasoned strategies. I could not have done it without their help. Highly recommended!” Sheneka from Nev.: “CRD helped me a year ago, and now the bank wants to settle with me after we got the documents that my lender faked and forged were produced with a court order! I am so pleased!” 27. Hey friend I like your blog 28. NEW— We have pro se foreclosure defense forms for you, affordable and efficient. Call for pricing today. Don’t let the bank take your home without a fight. Below are a few testimonials: From Mike S, in Colorado who says: “I used Consumer Rights Defenders in my Colorado cases. I recommend them highly. They are competent, extremely knowledgeable and caring and really there for you all the way. They really helped us out.” 2-9-2012 Lynn in Calif, says: I called and within 10 minutes they gave us strategies, a plan of attack and they promptly did everything they promised to do very quickly. We filed our actions and are getting great results. Their discovery packages are amazing and targets the defects in the loans and foreclosure procedures. Highly recommended – 5 stars!” 12-20-11 John, in Texas: “CRD was tireless, patient and competent. After calling a dozen companies and firms who were confused and ineft, these folks were excellent. I got my stay order and we are moving ahead with discovery.” 1-18-12 CRD, can help with the litigation work that you will need from A-Z, starting with your complaint and then work through discovery which is the most important part of your case. You should consider having counsel for depositions, court appearances and settlement conferences and in the unlikely event you need a trial. Most cases settle. 818.453.3585 M-F 9-4 PST, ask for Steve or Sara. Drop an email to us if you like to CR.Defenders@yahoo.com. CRD is now on Facebook and WordPress. Consumer Rights Defenders — Part of the Living Lies Web Network of Attorneys and litigation support. 29. Need Attorney for crooked New Jersey, that gets it!!! 30. One of the top lawyers in Tennessee for mortgage defense is Webb Brewer at Brewer & Barlow in Memphis. Good luck !! 31. I am homeless in Tennessee the Banksters have rob me of everything, I am wanting to fight back and I am in need of a good defense attorney that cares to help me get my home back. It was all fraud from the beginning of my mortgage loan.Help!!!!!! 32. Need a good attorney in Virginia (Fairfax County) to help us with our loan mod and possible predatory lending 33. Do you have any lawyers that care and can help for people in the state of Tennessee? 34. We are now on Facebook [consumer rights defenders] and wordpress [consumerrightsdefenders] Helping pro se litigants and attorneys nationwide. 818.453.3585. Ask for Sara or Steve. Affordable defense for the homeowner. 35. Aggressive litigation is affordable at Consumer Rights Defenders. Call Steve or Sare at 818.453.3585. Attorneys are available to step in tor depositions and trial. Help you can afford. M-F 9-4 PST. 36. Is there any attorney’s in Idaho that get it? 1/28/2012 mntnpine@roadrunner.com 37. @ mark miller…give me a call and i will introduce you to an attorney…314 541 1422 38. Are there any lawyers in Delaware that can represent me with a Mers foreclosure and now a Citi foreclosure? 39. From we who serve the homeowners at Consumer Rights Defenders, our attorney support team came up with this information to pass on. Reach us at 818.453.3585 for low cost attorney consultation. Other services available including litigation assistance. Ask for Steve or Sara when you call. Now read this from Calif Ct of Appeals: especially see (4) below: Ferguson v. Avelo Mortgage, LLC (Cal.App. 2 Dist. Jun. 1, 2011), Cal.Rptr.3d 2011, WL 2139143, This case involves another challenge to a non-judicial foreclosure sale in California. The basic facts of this case are that a borrower initially took out a loan with New Century Mortgage which loan was accompanied by a MERS deed of Trust (MERS was the nominee of the lender and its successors and assigns under the deed of trust and also listed as the beneficiary). The Trustee under the Deed of Trust was First American Title Compan y. After a default of the$600,000 purchase loan taken out by borrower HYUNH in 2006, the following sequence of recorded documents occurred:
(1) 8/3/07 a Notice of Default was recorded by Quality Loan Service Corporation (QLSC) – Note that the trustee under the Deed of Trust was First American Title;
(2) 8/30/07 Assignment of Deed of Trust was recorded (MERS assigned its beneficial interest to Avelo Mortgage) – Note the typical assignment of the Deed of Trust together with “notes therein” (The Fontenot case sees this as proper even though MERS does not, and has never held any note in its possession).
(3) 11/9/07 Notice of Sale by QLSC.
(4) 11/9/07 (same day but after the Notice of Sale was recorded) Substitution of Trustee was recorded substituting QLSC for First American Title (note, apparently this document was executed on 8/2/07 prior to the notice of default being recorded by QLSC);
Thereafter, the property was sold at non-judicial foreclosure trustee sale on 7/08. The purchaser at the foreclosure sale was Avelo Mortgage, allegedly paying 400k for the property. Avelo recorded the Trustees Deed upon sale.

After the sale, HYUNH (the original borrower), Quitclaimed his interest to Ferguson (the Plaintiff in this action) on 6/27/09. Ferguson recorded his Quitclaim deed on 7/1/09 and brought suit to Quiet Title against Avelo Mortgage arguing the foreclosure sale was illegal as Avelo received no valid interest from MERS in the Assignment of Deed of Trust since MERS had no note to assign, and thus Avelo had no authority to foreclose. Under this theory, Ferguson argued there was no requirement to tender the full amount of the loan balance to try to set aside the foreclosure sale and claim the property as his own since he was challenging the foreclosure “sale” and not the foreclosure “procedure”. In addition, Ferguson argued there can be no tender rule requirement where Avelo is not the true beneficiary (since they never got the note. Ferguson also sued HYUNH for fraud.

The Court disagreed with the Plaintiff Ferguson, and held that the tender rule applies whether or not Avelo had any note. Here is the relevant language of the case on the important points:

(3) The power of sale in a deed of trust allows a beneficiary recourse to the security without the necessity of a judicial action. (See Melendrez v. . . . Investment, Inc. (2005) 127 Cal.App.4th 1238, 1249 [26 Cal.Rptr.3d 413].) Absent any evidence to the contrary, a nonjudicial foreclosure sale is presumed to have been conducted regularly and fairly. (Civ. Code, § 2924.) However, irregularities [that is the statutory language taken from the code] in a nonjudicial trustee’s sale may be grounds for setting it aside if they are prejudicial to the party challenging the sale. (See Lo v. Jensen (2001) 88 Cal.App.4th 1093, 1097-1098 [106 Cal.Rptr.2d 443]; see also Angell v. Superior Court (1999) 73 Cal.App.4th 691, 700 [86 Cal.Rptr.2d 657] [“In order to challenge the sale successfully there must be evidence of a failure to comply with the procedural requirements for the foreclosure sale that caused prejudice to the person attacking the sale.'”].)[Of course promising a forbearance or other misrepresentations helps as well.] Setting aside a nonjudicial foreclosure sale is an equitable remedy. [You do a motion after you sue] (Lo v. Jensen, supra, 88 Cal.App.4th at p. 1098 [“A debtor may apply to a court of equity to set aside a trust deed foreclosure on allegations of unfairness or irregularity that, coupled with the inadequacy of price obtained at the sale, mean that it is appropriate to invalidate the sale.”].) A court will not grant equitable relief to a plaintiff unless the plaintiff does equity. (See Arnolds Management Corp. v. Eischen (1984) 158 Cal.App.3d 575, 578-579 [205 Cal.Rptr. 15]; see also 13 Witkin, Summary of Cal. Law (10th ed. 2005) Equity, § 6, pp. 286-287.) Thus, “[i]t is settled that an action to set aside a trustee’s sale for irregularities in sale notice or procedure should be accompanied by an offer to pay the full amount of the debt for which the property was security.” (Arnolds Management Corp. v. Eischen, supra, 158 Cal.App.3d at p. 578; see also FPCI RE-HAB 01 v. E & G Investments, Ltd. (1989) 207 Cal.App.3d 1018, 1022 [255 Cal.Rptr. 157] [rationale behind tender rule is that irregularities in foreclosure sale do not damage plaintiff where plaintiff could not redeem property had sale procedures been proper].) [But if the amount in arrears is disputed and/or there is no acceleration provision both of which have to be asserted in the suit, grounds may be stated supporting the cause of action…..but read the next line….

However, a tender may not be required where it would be inequitable to do so. (See Onofrio v. Rice (1997) 55 Cal.App.4th 413, 424 [64 Cal.Rptr.2d 74]; see also Dimock v. Emerald Properties (2000) 81 Cal.App.4th 868, 876-878 [97 Cal.Rptr.2d 255] [when new trustee has been substituted, subsequent sale by former trustee is void, not merely voidable, and no tender needed to set aside sale].) Specifically, “if the [plaintiff’s] action attacks the validity of the underlying debt, a tender is not required since it would constitute an affirmative of the debt.’” (Onofrio v. Rice, supra, 55 Cal.App.4th at p. 424.)
Appellants contend they are not challenging irregularities in the foreclosure proceeding. Rather, they argue that respondent is not the holder of the underlying promissory note and therefore cannot invoke the tender rule against them. In their complaint, appellants alleged that New Century remains in possession of the promissory note and that appellants owe no obligation to respondent. On appeal, appellants contend that whether respondent holds the promissory note is a factual dispute, and sustaining respondent’s demurrer presupposes that respondent has authority to enforce the loan obligation. They assert that while MERS had the authority to transfer its beneficial interest under the deed of trust, there is no evidence that MERS, which was acting as a nominee of New Century, held the promissory note and was authorized to assign the note itself to respondent.
The role of MERS is central to the issues in this appeal. “MERS is a private corporation that administers the MERS System, a national electronic registry that tracks the transfer of ownership interests and servicing rights in mortgage loans. Through the MERS System, MERS becomes the mortgagee of record for participating members through assignment of the members’ interests to MERS. MERS is listed as the grantee in the official records maintained at county register of deeds offices. The lenders retain the promissory notes, as well as the servicing rights to the mortgages. The lenders can then sell these interests to investors without having to record the transaction in the public record. MERS is compensated for its services through fees charged to participating MERS members.’” (Gomes v. Countrywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149, 1151 [121 Cal.Rptr.3d 819] (Gomes v. Countrywide), quoting Mortgage Electronic Registration Systems, Inc. v. Nebraska Dept. of Banking & Finance (2005) 270 Neb. 529 [704 N.W.2d 784, 785].)

*******(4) Appellants cite two federal cases for the proposition that MERS, as the nominee of the lender under a deed of trust, does not possess the underlying promissory note and cannot assign it, absent evidence of an explicit authorization from the original lender. (See Saxon Mortgage Services, Inc. v. Hillery (N.D.Cal., Dec. 9, 2008, No. C-08-4357) 2008 U.S.Dist. Lexis 100056; see also In re Agard (Bankr. E.D.N.Y. 2011) 444 B.R. 231.) Not all courts agree on this issue and appellants do not distinguish nor address other cases that have upheld MERS’s ability to assign a mortgage. (See US Bank, N.A. v. Flynn(N.Y.Sup. 2010) 27 Misc.3d 802 [897 N.Y.S.2d 855, 859] [assignee of MERS has standing to initiate foreclosure proceeding because where “an entity such as MERS is identified in the mortgage indenture as the nominee of the lender and as the mortgagee of record and the mortgage indenture confers upon such nominee all of the powers of such lender, its successors and assigns, a written assignment of the note and mortgage by MERS, in its capacity as nominee, confers good title to the assignee and is not defective for lack of an ownership interest in the note at the time of the assignment”]; see also Crum v. LaSalle Bank, N.A. (Ala.Civ.App. 2009) 55 So.3d 266, 269.) We are not bound by federal district and bankruptcy court decisions, and the cases cited by appellants are in direct conflict with persuasive California case law.

In Gomes v. Countrywide, supra, 192 Cal.App.4th 1149, plaintiff Gomes obtained a loan from KB Home Mortgage Company (KB Home) to finance a real estate purchase. He executed a promissory note secured by a deed of trust naming KB Home as the lender and MERS as KB Home’s nominee and beneficiary under the deed of trust. (Gomes v. Countrywide, supra, 192 Cal.App.4th at p. 1151.) The deed of trust contained a provision granting MERS the power to foreclose and sell the property in the event of a default. (Ibid.) Gomes defaulted on his payments and was mailed a notice of default by ReconTrust, which identified itself as an agent for MERS. Attached was a declaration signed by Countrywide Home Loans, acting as the loan servicer. (Ibid.) Gomes filed suit against Countrywide Home Loans, ReconTrust and MERS for wrongful initiation of foreclosure, alleging MERS did not have authority to initiate the foreclosure because it did not possess the note and was not authorized by its current owner to proceed with foreclosure. (Id. at p. 1152.) Defendants demurred, arguing, among other things, that Gomes was required to plead tender to maintain a cause of action for wrongful foreclosure and that the terms of the deed of trust authorized MERS to initiate a foreclosure proceeding. The trial court sustained the demurrer without leave to amend. (Ibid.)
On appeal, the court affirmed the order, finding that Gomes could not seek judicial intervention in a nonjudicial foreclosure before the foreclosure has been completed. (Gomes v. Countrywide, supra, 192 Cal.App.4th at p. 1154.) Nonetheless, the appellate court reached the merits of Gomes’s claim as an independent ground for affirming the order sustaining the demurrer. The court rejected Gomes’s argument that MERS lacked authority to initiate the foreclosure procedure because the deed of trust explicitly provided MERS with the authority to do so. The court found that the “deed of trust contains no suggestion that the lender or its successors and assigns must provide Gomes with assurances that MERS is authorized to proceed with a foreclosure at the time it is initiated.” (Id. at p. 1157.) Thus, Gomes acknowledged MERS’s authority to foreclose by entering into the deed of trust. (Ibid.)
Just as in Gomes v. Countrywide, the deed of trust in this case specifically states: “Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender’s successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument.”
(5) Appellants concede that MERS had the authority to assign its beneficial interest to respondent.Accordingly, respondent had the same authority to initiate foreclosure proceedings. And while Gomes v. Countrywide did not address the tender issue, it does not follow that a beneficiary may initiate nonjudicial foreclosure proceedings under a deed of trust without the original promissory note, but cannot seek tender from a defaulting borrower attempting to set aside the foreclosure. Although California courts have not resolved this issue (see Miller & Starr, Cal. Real Estate (3d ed. 2010-2011 Supp.) Deeds of Trust and Mortgages, § 10:39:10, p. 4), several federal district courts in this state have upheld a beneficiary’s authority to initiate foreclosure proceedings and invoke the tender rule against a defaulting borrower, even when the beneficiary is not the holder of the original promissory note. Those courts have noted that “California law does not require possession of the note as a precondition to [nonjudicial] foreclosure under a Deed of Trust.’” (Jensen v. Quality Loan Service Corp. (E.D.Cal. 2010) 702 F.Supp.2d 1183, 1189; see also Odinma v. Aurora Loan Services (N.D.Cal., Mar. 23, 2010, No. C-09-4674 EDL) 2010 U.S. Dist. Lexis 28347; see also Morgera v. Countrywide Home Loans, Inc.(E.D.Cal., Jan. 11, 2010, No. 2:09-cv-01476-MCE-GGH) 2010 U.S.Dist. Lexis 2037, p. *21 [MERS, as nominee of lender, has authority to initiate nonjudicial foreclosure without underlying promissory note].) Moreover, in cases involving an assignment of a deed of trust from MERS to a third party, courts have invoked the tender rule despite arguments that MERS did not have the authority to assign its interest under the deed of trust without the promissory note. (See Lai v. Quality Loan Service Corp.(C.D. Cal., Aug. 26, 2010, No. CV 10-2308 PSG (PLAx)) 2010 U.S. Dist. Lexis 97121.) Appellants offer no authority, state or federal, to support the legal loophole they claim for defaulting borrowers and their successors.
Appellants also argue that respondent was not authorized to substitute Quality as the trustee prior to becoming the beneficiary under the deed of trust. Quality initiated the foreclosure proceedings when it was not the trustee and therefore had no legal right to do so. Under a deed of trust, the trustee may be substituted by a “substitution executed and acknowledged by: (A) all of the beneficiaries under the trust deed, or their successors in interest. . .; or (B) the holders of more than 50 percent of the record beneficial interest of a series of notes secured by the same real property or of undivided interests in a note secured by real property equivalent to a series transaction, exclusive of any notes or interests of a licensed real estate broker that is the issuer or servicer of the notes or interests or of any affiliate of that licensed real estate broker.” (Civ. Code, § 2934a, subd. (a)(1).)
(6) We agree with appellants that respondent did not have the authority to execute a substitution of trustee until MERS assigned the deed of trust to it. Thus, Quality’s August 3, 2007 notice of default was defective. Nonetheless, Huynh had more than three months to satisfy his obligation before Quality executed a notice of sale. The substitution of trustee was effective when respondent became the beneficiary under the deed of trust and when the substitution was recorded on November 9, 2007. (Civ. Code, § 2934a, subd. (a)(4) [“From the time the substitution is filed for record, the new trustee shall succeed to all the powers, duties, authority, and title granted and delegated to the trustee named in the deed of trust.”].) Thus, the notice of sale was valid.Quality then completed the foreclosure in July 2008, long after its substitution as trustee took effect. This situation is distinct from other cases that have voided a nonjudicial foreclosure sale when a party other than the trustee initiated the proceeding and completed the sale without having been substituted in as the trustee. (See Pro Value Properties, Inc. v. Quality Loan Service Corp. (2009) 170 Cal.App.4th 579, 583 [88 Cal.Rptr.3d 381]; see also Dimock v. Emerald Properties, supra, 81 Cal.App.4th at pp. 876-878 [foreclosure sale void where original trustee completed foreclosure sale after being replaced by new trustee].) Appellants offer no authority for the proposition that the defective nature of the initial notice of default corrupted all subsequent steps in the nonjudicial foreclosure proceeding such that the sale was void, not merely voidable.
Thus, this ruling seems to leave open a tiny door for situations where the wrong trustee sells the property at foreclosure sale. In those situations, the sale may be VOID with no obligation to tender. So, looking for grounds to challenge the Substitution of Trustee may be one of the few remaining challenges in California to either enjoin or set aside a wrongful foreclosure sale despite courts recognizing the the foreclosure procedure must be valid.
The Court cited Tender statute in California:
(8) A tender is an offer of performance made with the intent to extinguish the obligation. (Civ. Code, § 1485.) It must be unconditional (Civ. Code, § 1494) and offer full performance to be valid (Civ. Code, § 1486). Civil Code section 1512 provides: “If the performance of an obligation be prevented by the creditor, the debtor is entitled to all the benefits which he would have obtained if it had been performed by both parties.”
NOTE: I do not believe the “tender rule” is a hard and fast rule. You have to look at what your facts are. Some cases have held that a tender may not be required where it would be inequitable to do so. (See Onofrio v. Rice (1997) 55 Cal.App.4th 413, 424; see also Dimock v. Emerald Properties (which was actually cited by the Ferguson court) (2000) 81 Cal.App.4th 868, 876-878 [which held that there was no requirement to tender when the wrong trustee sells the property, in these instances, the sale is VOID, not merely VOIDABLE, and no tender was needed to challenge the VOID sale].) There are other cases that talk about VOID vs. VOIDABLE. However, you need to be aware of the rule, and there will be tender challenges raised in almost every case of wrongful foreclosure so there has to be a strategy, and cases to deal with that. Also, where the Plaintiff’s lawsuit challenges the validity of an alleged underlying debt, tender is not required since it would constitute an affirmation of the debt.” See Onofrio v. Rice, supra, 55 Cal.App.4th at p. 424.
NOTE2: This case also discussed the requirements of a Quiet Title lawsuit in California:
(2) Here, appellants sought to quiet title against respondents and set aside the trustee sale at which respondents purchased the property. In order to state a viable cause of action for quiet title, a complaint must include: “(a) A description of the property that is the subject of the action. . . . [¶] (b) The title of the plaintiff as to which a determination under this chapter is sought and the basis of the title. . . . [¶] (c) The adverse claims to the title of the plaintiff against which a determination is sought. [¶] (d) The date as of which the determination is sought. . . . [¶] (e) A prayer for the determination of the title of the plaintiff against the adverse claims.” (Code Civ. Proc., § 761.020.) To bring an action to quiet title a plaintiff must allege he or she has paid any debt owed on the property. Shimpones v. Stickney (1934) 219 Cal. 637, 649 [“[A] mortgagor cannot quiet his title against the mortgagee without paying the debt secured.”].) The complaint must also be verified (sworn under oath).

We are here for you with strategies and lawsuits! 818.453.3585 ask for Steve or Sara. Article by one of our team. Now read this on MERS…..sorry for any gaffs in content.
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In February, the Fourth District court of appeal handed down its decision in Gomes v Countrywide Home Loans, Inc. (2011) 192 CA4th 1149, 121 CR3d 819 (reported at 34 CEB RPLR 66 (Mar. 2011)echanism of MERS (Mortgage Electronic Registration Systems, Inc.) transfers, thereby implicitly validating the secondary market process by which MERS operates in California and throughout the rest of the country. To spare readers from having to dredge up t

Background: The MERS System

As readers know, a mortgage loan begins its existence with the borrower’s execution of a note, promising to repay the loan, and (in California) a deed of trust, entitling the lender to foreclose and sell the borrower’s real property if the loan is not paid. In a plain-vanilla situation, both instruments are made out to the lender—as payee of the note and as beneficiary of the deed of trust. The deed of trust, as a title document, is recorded; the note, not affecting title, is not. (Because of historical quirks, title to the property is technically held by a trustee, different from both payor/trustor and beneficiary.) Since the two documents represent a single loan obligation, they would sensibly be kept together.

However, when the lender desires to transfer the loan, complications arise. The note should be endorsed (or assigned) and physically transferred to each new holder, a transaction regulated by Article 3 of the Commercial Code, whether it is a mortgage note or an unsecured note. The deed of trust, on the other hand, should be assigned, and perhaps physically transferred, but it is not endorsed like a note is, and its assignment should be recorded, just as the original deed of trust was, and unlike anything done with the note.

The rise of the secondary market and its attendant multiple transfers and pooling of loan documents led to concern over the recordation requirement of assignments of deeds of trust and the recordation fees (and, in some states, imposition of transfer taxes). MERS, invented in 1993, offered a clever bypass: By putting the deed of trust in the name of MERS directly, as some sort of agent of the true lender, and keeping the document under the MERS name, mortgage transfers could merely be made inside MERS’s electronic database and outside the public records until the end of the life of the loan (whether by a payoff or through a foreclosure), at which point MERS would execute and record a formal assignment to the last beneficiary.

The drafting mechanism chosen to accomplish this was the naming of MERS as “nominee” and “beneficiary of record” in the deed of trust, separate from the lender. (The document typically recites, “MERS is a separate corporation that is acting solely as a nominee for Lender and Lender’s successors and assigns. MERS is the beneficiary under this Security Instrument.” In other jurisdictions, MERS is named as “the mortgagee in a nominee capacity for [the lender] … MERS is a company separate from your lender that operates an electronic tracking system for mortgage rights. MERS is not your lender; it is a company that provides an alternative means of registering the mortgage lien in the public records…. Naming MERS as the mortgagee and registering the mortgage on the MERS electronic tracking system does not affect your obligation to your lender, under the Promissory Note.”) Unsurprisingly, MERS is not named in the note—as lender, payee, or anything else.

Consistent with all of that, the loan documents in Gomes showed KB Home Mortgage Company (a retail outlet for Countrywide) as the original “lender,” First American Trustee Company as “Trustee” under the deed of trust, and MERS as “nominee” for beneficiary (in one place) and “beneficiary” (in another) in that document. The deed of trust was then apparently assigned to The Bank of New York Mellon FKA The Bank of New York as Trustee for a trust, with Countrywide Home Loans as servicer and ReconTrust (a division of Countrywide) being later substituted in (probably by MERS) as trustee for the trustee’s sale. (Countrywide has been taken over by Bank of America, but that “transfer” can be ignored for our purposes here.)

The Litigation Posture

Gomes filed his lawsuit in May, before Countrywide seemed close to conducting a trustee sale of the property. (Because Countrywide sent its notice of default (NOD) in March, notice of sale could not have been given before June—at the earliest—making an actual sale unlikely to occur before July.) The suit was therefore not one to set aside any completed sale, nor (peculiarly) even to stay or enjoin any threatened pending sale, but rather solely for damages for “wrongful initiation of foreclosure,” i.e., the sending of the NOD.

Further, according to the complaint, Countrywide’s initiation of foreclosure was not allegedly wrongful for any particularized reason (such as that the loan was predatory or had been induced by fraud, or that Gomes was not in default, or that Countrywide had promised to forebear, or that some impropriety had occurred in the loan transfers). According to Gomes, foreclosure would be wrongful because the transfer process itself—even when in perfect conformity with MERS regulations—did not entitle the ultimate transferee of the original lender to conduct a trustee sale against a borrower, even when that borrower was admittedly in default.

While that contention might be viewed as a bit audacious, it also means that a court’s rejection of it is hardly devastating to the foreclosure defense bar. All of the “real” defenses that other borrowers have against foreclosure are left unimpaired by Gomes’s loss. Gomes’s defeat is somewhat like going back from strict to negligence liability: Borrowers will have to show that their lenders actually did something wrong before those borrowers will be excused from having to pay their mortgage.

As another, but important, side effect, the demand on the judiciary to review the foreclosure process is significantly lightened by the court’s rejection of Gomes’s second cause of action—one for declaratory relief as to whether the foreclosure seller was “duly authorized to do so by the owner of a beneficial interest” in the loan. Success on that claim might have allowed borrowers to compel judicial review of the entire loan transfer process—and perhaps also, by extension, the default and foreclosure process—in every case, simply by asking for it. Upholding Gomes’s cause of action for declaratory relief would have gone a long way toward appeasing critics of our nonjudicial foreclosure process, who complain of its total immunity from any review by any government official at any stage (although it might still have required the borrower to initiate some kind of action to bring an official into the picture, rather than requiring the lender to—as a matter of course—get its own stamp of approval from the official before selling).

Because the complaint was treated as a sort of facial attack on all MERS-related secondary market transfers, the opinion did not pay much attention to any particularized claims of defect or harm. The court said, in a footnote, that the complaint might be arguing that MERS lacked authorization from the current holder of the note to initiate foreclosure (the NOD was sent by ReconTrust, describing itself as MERS’s agent), or that MERS might lack standing to do so, even if it was authorized. These contentions were rejected, but on grounds that were not made very clear.

The Merits

Civil Code §2924a provides that “If, by the terms of any trust or deed of trust a power of sale is conferred upon the trustee, the attorney for the trustee, or any duly authorized agent, may conduct the sale and act in the sale as the auctioneer for the trustee.” Vexingly, §2924(a)(1)§2924c(e)§2924d§2924.7ns make some reference to an agent. The reference to agency in §2924(a)(1) allowed the court to say that the clause in the deed of trust whereby Gomes agreed that MERS could foreclose barred him from challenging its authority to do so, and apparently gave MERS such authority, at least as an agent of the beneficiary, whether or n

Outside the Trustee Sale Context

The Gomes holding can be read in different ways. Broadly, it might mean that the entire MERS secondary market transfer process is valid (as long as each step is done properly). More narrowly, the findings of validity could be limited to the case of (1) a trustee sale (2) conducted directly by MERS, leaving open the issues of (3) judicial foreclosures and (4) foreclosure proceedings of any sort brought not by MERS itself, but by a successor lender who had taken an assignment from MERS.

The intellectual difficulty in being an assignee from MERS is that the assignment transfers only the deed of trust, not the note (which MERS never had). Civil Code §2936s always held that the transferee of the note will prevail over the transferee of the mortgage, and is the only one entitled to foreclose (Adler v Sargent (1895) 109 C 42, 48), being assignee of the deed of trust from MERS does not seem to accomplish much when that assignee is not the holder of th financial interest in the note. MERS v Saunders (2010) 2 A3d 289.)

On the other hand, CCP §725a appears to go in the other direction, permitting the holder of the security to bring a foreclosure action, whether or not it also holds the note. The section states:

The beneficiary or trustee named in a deed of trust or mortgagee named in a mortgage with power of sale upon real property or any interest therein to secure a debt or other obligation, or if there be a successor or successors in interest of such beneficiary, trustee or mortgagee, then such successor or successors in interest, shall have the right to bring suit to foreclose the same in the manner and subject to the provisions, rights and remedies relating to the foreclosure of a mortgage upon such property.

That language does not seem to require a deed of trust beneficiary to also hold or have an interest in the note secured by that deed of trust.

However, concerns about MERS’s right to foreclose are somewhat like maneuvering chairs around on the Titanic—given that MERS has announced that it intends to no longer do any foreclosing in its own name. On February 16, 2011, MERS proposed new rules that prohibit its members from initiating foreclosures in the name of MERS. (Freddie Mac has recently done the same, and Fannie Mae took the same position some time ago.) Thus, the Gomes decision upholds a procedure that soon will be obsolete.

MERS as Intermediate Transferor

Withdrawal of MERS from direct foreclosure activity does not mean that trustee sales in California will stop. When defaults occur, MERS will instead assign the deeds of trust that it has held in its own name as nominee for the original lenders to the new, current holders of the promissory notes secured by those deeds of trust, so that they—now as both holder of the note and assignee of the deed of trust—can foreclose in their own name. From the point of view of compliance with Gomes standards, the process should be even easier to justify: The new lender need not prove that it is the authorized agent of the trustee or beneficiary since it is in fact, itself, the beneficiary.

But the foreclosure defense bar is not likely to roll over and die because of this new process. Battles will go on in different forums and over different issues. The federal courts have not been fully heard from (there appear to be far more federal decisions involving MERS than state court ones, but not yet from higher courts). The challenges will no longer be to MERS’s power to foreclose but rather to its power to assign the mortgages and deeds of trust to the ultimate lenders, so that they can properly foreclose. On that question, the outcome so far is decidedly mixed.

Bankruptcy Court Rulings on MERS

Some striking anti-MERS rulings have come from bankruptcy courts, inside and outside California. The challenge started in the Central District of California in 2008, when Bankruptcy Judge Bufford held that MERS lacked standing to lift a bankruptcy stay unless it could produce separate agency contracts from each of the various lenders who had held the promissory note during its various transfers. (“MERS is no longer an authorized agent of the holder unless it has a separate agency contract with the new undisclosed principal.”) In re Vargas (Bankr CD Cal 2008) 396 BR 511, 517, reported at 32 CEB RPLR 10 (Jan. 2009). The following year, an Idaho bankruptcy court denied MERS relief from stay because it was not a true beneficiary of the deed of trust receiving some actual economic benefit from it, nor a properly designated agent of the current holder of the note. In re Sheridan (Bankr D Idaho, Mar. 12, 2009, No. 08–20381-TLM) 2009 Bankr Lexis 552, *4\it could transfer the mortgage, but that would not carry the loan along with it. In re Box (Bankr WD Mo, June 3, 2010, No. 10–20086) 2010 Bankr Lexis 1637.

More significantly, another bankruptcy court in the Eastern District of California concluded that since MERS had no interest in the underlying note, it could not transfer the beneficial interest in the companion deed of trust. In re Walker (Bankr ED Cal, May 20, 2010, No. 10–21656-E-11) 2010 Bankr Lexis 3781, *6Any attempt to transfer the beneficial interest of a trust deed without ownership of the underlying note is void under Californiand others, holding that designation of MERS as nominee of deed of trust did not give it the authority to transfer the loan withVega v CTX Mortgage Co. (D Nev, Jan. 19, 2011, No. 3:10-cv-00405-RCJ-VPC) 2011 US Dist Lexis 6170, *3.

An even greater threat to the MERS process came from the February 10, 2011, decision of a bankruptcy court for the Eastern District of New York in In re Agard (Bankr ED NY 2011) 444 BR 231, in which the court ruled against the effectiveness of these transfers on almost every conceivable ground. New York uses mortgages and generally forecloses them judicially; in that context, Judge Grossman ruled that a foreclosing lender (1) would need to hold both the mortgage and the note in order to foreclose; (2) with regard to the note, would need to show a written assignment or physical possession plus proper endorsement; and (3) with regard to the mortgage, would need to show proper possession of that instrument as well, notwithstanding its valid possession of the note. Furthermore, (4) MERS would have to show authority to assign the mortgage, a conclusion it could not establish by virtue of merely having been named nominee; nor by (5) the MERS membership rules, which do not sufficiently demonstrate agency; nor by (6) state agency law, which in New York includes an equal dignid authority to foreclose in its own right simply because it had been named mortgagee of record; (8) an assignment by MERS would have to show MERS as nominee of the current lender, not the original lender; and finally (9) MERS would also need written authority from the current lender to assign the mo

What does that say for California? Some of these rulings are not serious obstacles. Point 7 above, regarding MERS foreclosing in its own name, can be disregarded since MERS no longer does that. Point 1, as to the requirements of foreclosure, should also be inapplicable to a California trustee sale, which is a nonjudicial proceeding and subject to its own special statute. With regard to points 2 and 3, Gomes appears to hold that the foreclosing party in a California trustee’s sale need not possess either the note or the deed of trust, such as Agard demanded in New York.

Many of Agard’s other challenges to MERS assignments seem largely correctable, both for past transactions and future ones. The Agard holdings that MERS needs written authority to assign (applicable in California as well) (point 6) and that it needs such written authority from the current note holder (point 9) should be curable by execution of new forms of documentation, properly granting, affirming, and ratifying all of MERS’s past and future acts. Such authorization would eliminate the need to argue about the effect of MERS membership rules (point 5) and perhaps also about the effect of its dubious use of the term “nominee” (point 4) to describe its status—after all, if MERS is a properly authorized agent, it may not matter whether it also calls itself a nominee.

Several other bankruptcy courts elsewhere in the country have rejected most of Agard’s contentions. Nominee status has been held to confer proper authority to transfer in In re Corley (Bankr SD Ga, Feb. 7, 2011, No. 10–4033) 2011 Bankr Lexis 807 and In re Lopez (Bankr D Mass, Feb. 9, 2011, No. 09–10346) 2011 Bankr Lexis 476. MERS has been held to have generally sufficient authority to assign its security instruments. Lane v Vitek Real Estate Indus. Group (ED Cal 2010) 713 F Supp 2d 1092; In re Tucker (Bankr WD Mo 2010) 441 BR 638; In re Martinez (Bankr D Kan 2011) 444 BR 192.

Gomes itself said very little about assignments by MERS, other than to brush aside some claims of suspected, backdated transfers. (Improperly handled assignments generate a separate, independent set of issues—see, e.g., United States Bank N.A. v Ibanez (Mass 2011) 941 NE2d 40Gomes appears to be generally favorable to the idea of MERS validly transferring deeds of trust to foreclosing lenders.

But, almost as proof of how uncertain the terrain is, another bankruptcy court in California subsequently rejected Gomes entirely, holding that MERS transfers just do not work. In re Salazar (Bankr SD Cal, Apr. 12, 2011, No. 10–17456-MM13) 2011 Bankr Lexis 1187. (This decision appeared as we were finalizing this article, making it impossible for us to perfectly integrate all of its holdings and compelling this rather separate, serial treatment of it.)

In re Salazar

In In re Salazar, the bankruptcy court for the Southern District of California dealt with a situation in which US Bank had conducted a nonjudicial trustee sale and then filed an unlawful detainer, and was now attempting to lift the automatic stay triggered by the trustor’s Chapter 13 filing on the eve of trial of that unlawful detainer action.

The particular challenge raised in Salazar was based on the fact that US Bank had not recorded the assignment to it of the deed of trust from MERS before conducting its trustee sale, contrary to CC §2932.5h (The statute is not mentioned at all in Gomes.) This defect, almost visible on its face, would have been sufficient to keep the stay in place and might have rendered the cou

It was perfectly easy for the court to determine, as an initial matter, that CC §2932.5 applied to deeds of trust, even though it refers only to mortgages and even though various California federal district courts hlosure defense attorneys often complain of the difficulty of locating the proper person to deal with because of the opaqueness of the loan transfer process; the Salazar court has manifested its sympathy with that position. Whether recordation by the assignee will truly alleviate this difficulty as fatal as backdating or robosigning.

It was equally easy to rule that this recording requirement was not satisfied by the fact that MERS was itself of record. MERS was not the beneficiary at the time of foreclosure. That MERS was not conducting the foreclosure should have been enough to both settle the technical recording issue and completely distinguish away Gomes, where MERS itself was the foreclosing party. But the Salazar court could not resist the opportunity to declare its disagreement with the reasoning in Gomes. “Even if US Bank had not replaced MERS as the foreclosing beneficiary by the time of foreclosure here, MERS still had no authority to nonjudicially foreclose under Salazar’s deed of trust under its express terms.” (A footnote adds that MERS would also not qualify as one entitled to payment under §2923.5, since it did not hold the note.) Gomes was not good state law, worth being followed by a federal court. The provisions of CC §2924(a)(1), allowing agents to foreclose, do not trump the requirement of CC §2923.5, that assignments must be recorded before foreclosures start.

The Salazar court’s rejection of the Gomes rationale went further. The standard provisions in a MERS deed of trust on which Gomes had relied, especially those giving MERS the right to foreclose, applied only when “necessary to comply with law or custom,” a phrase the court found to be meaningless and amounting to an invalid waiver of lenders’ duties to comply with California’s foreclosure statutes. Those provisions certainly do not validate unrecorded assignments of the deed of trust. “As a matter of law, Salazar’s acknowledgment cannot be read as a waiver of his right to be informed of a change in beneficiary status.”

Finally, the MERS process itself received some gratuitous insults. The beginning of the Salazar opinion states that “MERS’ original involvement in this loan does not provide talismanic protection against US Bank’s foreclosure deficiencies” and its ending adds that “the Court also rejects US Bank’s invitation to overlook the statutory foreclosure mandates of California law, and rely on MERS as an extra-judicial commercial alternative…. This Court instead joins the courts in other states that have rejected MERS’ offer of an alternative to the public recording system.” (Emphasis in original; citing, inter alia, In re Agard.)

The Shaky Effect of Giving MERS Only the Deed of Trust

An unavoidable observation from all of these fights is that the doctrine that the mortgage automatically follows the note runs into trouble when MERS enters the picture and takes only the mortgage, leaving the note somewhere else. See, e.g., Davidson v Countrywide Home Loans (SD Cal, July 23, 2010, No. 09-CV-2694-IEG (JMA)) 2010 US Dist Lexis 74406. Whether a court holds that the transaction is thereby invalid, or valid notwithstanding the separation, the situation is no longer easy to resolve. A mortgage or deed of trust disconnected from its supporting promissory note is an odd creature. The desig

The system itself is much to blame for all this uncertainty. The world deals one way with regard to the transfer of commercial paper and another way with regard to the transfer of real estate instruments. Commercial paper comes under Article 3 of the Uniform Commercial Code, wherein notes are negotiable or nonnegotiable, are not recorded, and are generally transferred by endorsement, and where possession of them is very important. Real estate instruments, in contrast, are generally (although not entirely) governed by local lir physical possession not very important. The real estate rules of bona fide purchaser are not the same as the commercial rulesllectually challenging.

When the secondary market arose in the 1980s, incompatibilities between the two systems generated enough inconvenience to prompt the creation of MERS as an attempt to avoid the delays, inconveniences, and costs of the recording system so that mortgages could be bundled and transferred as commercial paper. But those who midwifed MERS’s birth may have paid insufficient attention to old real estate doctrines, especially the principle of “numerus clausus” (“closed number”)—which prohibits the creation of new forms of ownership without the approval of the appropriate authorities. See Merrill & Smith, Optimal Standardization in the Law of Property: The Numerus Clausus Principle, 110 Yale LJ 1 (2000)to accept.

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45. Consumer Rights Defenders foreclosure update. We are here for you 818.453.3585. Ask for Steve or Sara.
Now read this VICTORY story……From Huffington Post:

On October 4th, 2011 the news started breaking across all the major media outlets and papers. The Massachusetts Supreme Court Ruled in favor of the homeowner instead of the Banks! This was an appellate ruling, meaning that it can go no higher! The homeowner had his day in two courts and won both times!
Why did the homeowner win? Because the banks could not prove that they owned the note. Why couldn’t they prove it? Because the loans had been improperly securitized!

These excerpts are from the Huffington Post

‘The highest court in Massachusetts ruled against U.S. Bancorp and Wells Fargo & Co. Friday in a pivotal mortgage foreclosure case that could spark more turmoil and uncertainty in a housing market already mired in depression.

‘The Supreme Judicial Court affirmed a lower court judge’s ruling invalidating two mortgage foreclosure sales because the banks, in their capacity as trustees for mortgage securities, did not prove that they actually owned the mortgages at the time of foreclosure.

‘The decision, which highlights the failure of financial firms to adhere to the rules that govern mortgage-backed securities, is likely to lead more borrowers to sue bank servicers and trustees for wrongful foreclosures. It’s unclear what the ruling means for people who were forced from their homes after defaulting on their loans or for those who purchased houses in foreclosure sales.’

Sorry for the skimpy details everyone as we got this second hand.

46. Homeowner wins: Please everyone read this, results are at the end of the citation…. and if you need some help call Consumer Rights Defenders and ask for Steve or Sara 818.453.3585.
_________________________
To: undisclosed-recipients:;
Sent: Thu, Oct 6, 2011 12:17 pm

Posted on October 5, 2011 by Neil Garfield

EDITORâ€™S NOTE: In the contest between whether the pretender gets a house for free or the borrower gets the house unencumbered (which is not say for free since they all have money in the deal), this one goes to the homeowner. AND OneWest doesnâ€™t care because they didnâ€™t have aÂ dime in the deal anyway.

Court ), Saguache, CO 81149
Homeowner Bruce McDonald wins in Colorado against ONE WEST

Plaintiff:
BRUCE C. McDONALD
v.
Defendants:
ONE WEST BANK and FEDERAL HOME LOAN
MORTGAGE CORPORATION
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Case Number: 2010CV6
Division:3 Courtroom:
ORDER REGARDING ONE WEST BANK F.S.Bâ€™S AND FEDERAL HOME LOAN
MORTGAGE CORPORATIONâ€™S MOTION FOR RELIEF FROM FINAL JUDGMENT
THIS MATTER comes before the Court on One West Bank F.S.B.â€™s and Federal Home
Loan Mortgage Corporationâ€™s Motion for Relief from Final Judgment, filed March 18, 2011, and
orally argued on July 28, 2011. The Plaintiff, Bruce C. McDonald, is represented by Erich
Schwiesow of Lester, Sigmond, Rooney & Schwiesow. Defendants, One West Bank
F.S.B.(â€œOneWestâ€) and Federal Home Loan Mortgage Corporation (â€œFreddie Macâ€), are
represented by Victoria E. Edwards of Akerman Senterfitt LLP. The Court having reviewed the
motion, responses, replies, matters of record, and otherwise being informed makes the following
Order.
PROCEDURAL BACKGROUND
Plaintiff, Bruce McDonald, filed a complaint in this case on March 2, 2010, and amended
the complaint on September 16, 2010. The amended complaint requested this Court to find that
Defendant OneWest did not have standing in case no. 2009CV42 and therefore the C.R.C.P.
Rule 120 Order Authorizing Sale is void; that Defendant OneWest could not and did not convey
good title to Defendant Freddie Mac; that Freddie Mac had notice of this action through the
EFILED Document
CO Saguache County District Court 12th JD
Filing Date: Oct 3 2011 10:46AM MDT
Filing ID: 40144354
Review Clerk: Brandie Taylor
2010CV6 D55 Page 2 of 10
Notice of Lis Pendens filed on March 3, 2010; and, that Plaintiff remains the owner of the
property subject to foreclosure and the foreclosure sale that purported to divest him of title is
void.
Defendant One West Bank was served on October 1, 2010, and Defendant Freddie Mac
was served on September 17, 2010. Neither party filed a responsive pleading to the amended
complaint within the time required by the Colorado Rules of Civil Procedure nor did they appear
in the case.
Plaintiff submitted a Motion for Entry of Default on October 29, 2010, and filed a
Motion for Entry of Default Judgment on November 1, 2010. The basis of Plaintiffâ€™s Motion was
that neither of the Defendants appeared within the required legal time. On November 19, 2010,
the Court entered a default judgment in favor of Plaintiff, quieting the disputed property in the
Plaintiff. The Court also entered default against Defendants on November 26, 2010.
On March, 16, 2011, counsel for the Defendants entered her appearance. And on March
18, 2011, the Defendants filed a motion for relief from judgment.
SUMMARY OF ARGUMENTS
Defendants argue that the default judgment should be vacated. Defendants complain of
the following: (1) Plaintiff alleged he attempted to serve Defendantsâ€™ out-of-state counsel but
failed to disclose that he knew Defendants were represented by local counsel in Colorado in a
federal case; (2) Plaintiff should have in good-faith attempted service on Defendantsâ€™ local
counsel in Colorado before attempting service on their legal representatives in California and
West Virginia; (3) Plaintiff should have warned local counsel that he was seeking a default
judgment; (4) Plaintiff represented to the Court that he made all efforts to serve Defendants; (5)
2010CV6 D55 Page 3 of 10
Plaintiff knew how to serve Defendants in Colorado; (6) Plaintiff engaged in improper litigation
tactics.
Defendants also argue that the default judgment violated Defendantsâ€™ due process rights
and is void as a matter of law. The Defendants point to previous litigation whereby, based on this
Courtâ€™s ruling in a Rule 120 case, the Defendants had a Public Trustee foreclosure on the
disputed property. Essentially, Defendants argue res judicata.
In response, Plaintiff argues that the allegations of bad-faith and misrepresentations are
unfounded, that Colorado law does not require him to warn Defendants of applying for default
judgment when Defendants have not appeared in the case, and that the orders issued by this
Court in a previous Rule 120 action have no preclusive effect on this quiet title action.
FINDINGS OF FACT
The Plaintiff and the Defendants have submitted requests for judicial notice. Both
requests are granted and the Court makes the following findings of fact based on judicial notice
of the relevant documents:
1. On or around May 27, 2003, Plaintiff obtained a loan for $198,000.00 from IndyMac Bank, F.S.B. (Plâ€™s Ex. 1 A.) The loan was secured by property located at 4434 Rarity Court, Crestone, Colorado. (Plâ€™s Ex. 1 B.) Defendant OneWest became servicer of the loan (Plâ€™s Ex. 1. E.; Ex. 2), and in 2009, the Plaintiff defaulted on the loan, with a remaining balance of$200,912.31. (Plâ€™s Ex. 1. D.)
2. Defendant OneWest filed a Rule 120 Motion for Order Authorizing Sale on
September 11, 2009, in case number 2009CV42. On February 4, 2010, this Court
found, inter alia, that there was a reasonable probability that a default existed as
alleged in the motion and granted an order authorizing sale of the disputed property.
3. On March 3, 2010, Plaintiff filed a complaint in this case, 2010CV6, seeking to void
the order authorizing sale, and on March 8, 2010, Plaintiff filed a notice of lis
pendens. Plaintiff filed an Amended Complaint on September 10, 2010, adding
Federal Home Loan Mortgage Corporation (â€œFreddie Macâ€) as a defendant.
2010CV6 D55 Page 4 of 10
4. On June 29, 2010, Freddie Mac filed a complaint alleging forcible entry and detainer
against Mr. McDonald in case number 2010CV30.
5. On July 22, 2010, Plaintiff also filed a lawsuit in the United States District Court for
the District of Colorado against present Defendant and other unknown defendants.
(Plâ€™s Ex. 1. Fed. Compl.) On December 27, 2010, the case was dismissed for failure
to state a claim (Plâ€™s Ex. 5).
6. On September 17, 2010, this Court held a hearing in case number 2010CV30 to
determine whether the 2010CV30 action would be stayed until the issue of ownership
was resolved in this case, 2010CV6. Freddie Mac was represented by Castle
Meinhold & Stawiarski, LLC, and Mr. McDonald was represented by current counsel
Erich Schwiesow.
7. The Court heard arguments from both parties on whether the 2010CV30 should be
stayed. Mr. Shwiesow did not represent that his client would pursue either a federal
action or a state action. The Court finds that Mr. Shwiesow represented that his client
would pursue and litigate this case, 2010CV6. At that point, it was clear that Freddie
Macâ€™s counsel knew of the 2010CV6 litigation.
8. On September 17, 2010, Plaintiff served the Amended Complaint on Freddie Mac.
9. On September 27, 2010, Plaintiff served the Amended Complaint on OneWest.
10. On November 19, 2010, this Court entered default Judgment in favor of Plaintiff and
against Defendants and on November 26, 2010, this Court entered default in favor of
Plaintiff and against Defendants. Notice of Default was served on Freddie Mac and
OneWest on December 7, 2010, and December 15, 2010, respectively.
11. Defendants did not appear in case no. 2010CV6 until March 18, 2011â€”three months
after Defendants were served with Notice of Default­when Defendants filed a joint
motion for relief from final judggment.
12. On July 28, 2011, this Court heard arguments on Defendantsâ€™ Motion for Relief from
Final Judgment. At the hearing, defense counsel expressly refused to argue excusable
neglect and pressed arguments based on fraud and bad faith. Defense counsel thus
waived their argument for relief of judgment based on excusable neglect.
13. The Defendants have proffered no evidence on why they failed to timely respond to
the complaint.
2010CV6 D55 Page 5 of 10
CONCLUSIONS OF LAW
Defendants ask the Court to vacate the judgment. Pursuant to C.R.C.P. Rule 60, the court
may relieve a party from a final judgment or order for, inter alia, mistake, excusable neglect,
misrepresentation, misconduct of an adverse party, judgment is void, and fraud. â€œTo set aside a
judgment under C.R.C.P. 60(b), the movant bears the burden of establishing by clear and
convincing evidence that the motion should be granted.â€ Goodman Associates, LLC v. WP
Mountain Properties, LLC, 222 P.3d 310, 315 (Colo. 2010) (citing Borer v. Lewis, 91 P.3d 375,
380-81 (Colo. 2004)).
1. Excusable Neglect
Defendants assert, â€œ[they] did not bring their motion under the â€˜excusable neglectâ€™
standard of C.R.C.P. 60(b)(1).1
Defendants assert that Defendantsâ€™ counsel assumed that Plaintiff would pursue either a
federal action or a state action, but not both, and former counselâ€™s failure to notify Defendants of
Rather, they brought the Motion under C.R.C.P. 60(b)(2) for
misconduct of an adverse party.â€ (Def.â€™s Reply, p. 5.) Defendants reinforced their position not to
argue excusable neglect at the hearing by explicitly stating they were not pursuing relief under
the excusable neglect standard. Nevertheless, the Court notes that Defendants have seemingly
argue for relief pursuant to excusable neglect despite their clear and explicit intentions not to do
so. The Court finds and holds that the Defendants have waived their excusable neglect argument
and will not consider it as a basis for relief from judgment. The Court further finds that even if
the Defendants did not waive its excusable neglect argument, there is no excusable neglect.
1 Defendantsâ€™ filings confuse notions of notice in service of process with notice for default judgment. In later filings
the confusion continues and is exacerbated by Defendantsâ€™ raising new arguments not included in their original
motions.
2010CV6 D55 Page 6 of 10
the possibility of the state court action establish a basis for the Court to find excusable neglect.
As to the latter argument, there is no misrepresentation since Plaintiffsâ€™ counsel informed
Defendant Freddie Mac that he intended to pursue 2010CV6 at the hearing in 2010CV30. This
Court has found that Plaintiffâ€™s counsel clearly expressed his intention to pursue 2010CV6 and
did not represent that he would stay 2010CV6, if the federal action was pursued by separate
counsel on behalf of Plaintiff. The whole reason for the hearing was Plaintiffâ€™s request to stay
litigation in 2010CV30 (a forcible entry and detainer action) while ownership was litigated in
this case, 2010CV6.
The Defendants have failed to proffer evidence of excusable neglect for failing to appear
and defend in a timely manner. Defendants argue that Defendant Freddie Macâ€™s previous counsel
assumed that this case, 2010CV6, would not be litigated by Plaintiff and failed to inform Freddie
Mac about the existence of this case. Defendants did not proffer evidence tending to establish
either of those propositions. Nor did the Defendants establish why they failed to litigate after
they were served with process­which occurred after Freddie Macâ€™s previous counsel learrned of
this case. In summary, the arguments pressed by Defendants are directed towards some formal or
informal notice of the action directly to an attorney rather than shedding light on Defendantsâ€™
failure to file a responsive pleading after proper service.
The Court further finds that though the Defendantsâ€™ may have had a meritorious claim,
and some equity may favor the Defendants, the failure to provide evidence of excusable neglect
requires that this Court will not set aside default judgment based on excusable neglect grounds.
Such argument was waived and, in the alternative, Defendants did not meet their burden in
establishing excusable neglect.
2010CV6 D55 Page 7 of 10
2. 60(b)(2) Misrepresentation or Other Misconduct of an Adverse Party
In the Motion for Relief from Judgment, Defendants argue that Plaintiff had a duty to
serve process on Defendantsâ€™ counsel and not on Defendantsâ€™ out-of-state registered agents, that
Plaintiff should have informed the Court that he did not serve Defendantsâ€™ counsel, and failing to
notify Defendants of the state action violated Defendantsâ€™ due process. To support their position,
Defendants cite C.R.C.P. Rule 4, C.R.S. Â§ 13-1-125, Mason-Jares Ltd., v. Peterson, 939 P.2d
522 (Colo. App. 1997), and Matter of Bonfilâ€™s Estate, 543 P.2d 701, 705 (Colo. 1975).
Service of process on corporations is clearly defined by C.R.C.P. 4 and section 13-1-125
C.R.S. (2010). Proper service on a corporation, pursuant to C.R.C.P. 4(e)(4), requires serving
â€œthe registered agent for service as set forth in the most recently filed documents in the records
of the secretary of this state or any other jurisdiction.â€ Section 13-1-125 provides that service
must be made to the registered agent within the State of Colorado if one exists. Here, neither
Defendant maintains an agent for service of process in the State of Colorado. Therefore, serving
process on the Defendantsâ€™ out-of-state registered agents is authorized and proper to apprise the
Defendants to appear and defend in this Court
The holdings in Mason-Jares and Matter of Bonfils simply do not apply to this case.
Mason-Jares held a â€œjudgment was void because service of publication did not satisfy due
process where plaintiff discovered defendantsâ€™ location during publication process.â€ In re C.L.S.,
252 P.3d 556, (Colo. App. 2011) (citing Mason-Jares, 939 P.2d at 524, for the proposition that a
judgment entered in violation of due process is void). The crux of Mason-Jares is that the spirit
of the law requires actual notice must be given, when possible, to an actual party whose rights
are affected by litigation. See id. The need for service by publication ceases to exist if actual
2010CV6 D55 Page 8 of 10
notice is possible through personal service. See Bray v. Germain INV. CO., 98 P.2d 993 (Colo.
1940). Here, personal service was achieved, and therefore, actual notice was achieved and the
due process concerns found in Mason-Jares­actual notice v. construcctive notice­do not exist.
This Court can find no basis in the laaw to extend the holding of Mason-Jares so as to require
personal service on opposing partyâ€™s counsel, simply because the parties are involved in
litigation elsewhere. Nor does Mason-Jares stand for the proposition that parties must be notified
of an application for default judgment when the same parties and attorneys are engaged in other
litigation.
As for Matter of Bonfils, that case distinguished the different effects extrinsic fraud and
intrinsic fraud have upon judgments. Here, there is no basis to assert a fraud claim, especially
where Rule 4 authorizes, and C.R.S. Â§ 13-1-125 does not restrict, service of process on
Defendantsâ€™ out-of-state registered agents. In order for a fraud to exist, among other things, there
must be a misrepresentation. Because this court finds no notice requirement exists, there can be
no misrepresentation. There is no misrepresentation in not doing that which is not required.
Misrepresentation occurs when a party fails to disclose what the party has a duty to disclose.
None of the authorities cited in Defendantsâ€™ Motion give rise nor imply such a duty. Therefore,
there was no misrepresentation to the Court since Plaintiff had no duty, nor reason, to inform the
Court that Defendantsâ€™ counsel was not served.
The Defendantsâ€™ remaining contention is the alleged duty of the Plaintiff to warn the
Defendants of an application for default judgment.2
2 This argument was first raised in oral arguments and again in OneWest Bank FSBâ€™s and Federal Home Loan
Mortgage Corporationâ€™s Supplemental Brief in Support of Motion for Relief from Final Judgment, filed August 9,
2011.
â€œBy rule, notice of an application for default
judgment is only required â€˜if the party against whom judgment by default is sought has appeared
2010CV6 D55 Page 9 of 10
in the action.â€ Goodman Associates, LLC v. WP Mountain Properties LLC, 222 P.3d 310, 323
(Colo. 2010) (citing C.R.C.P. 55(b)). Defendants made no appearance in this action, so notice
was not required.
Nevertheless, Defendants cite California case law for the proposition that Plaintiff had an
ethical duty to warn Defendantâ€™s before applying for default judgment. Though the Court finds
the California case law somewhat persuasive, C.R.C.P. Rule 55(b) is clear. Pursuant to this rule,
â€œ[i]f the party against whom judgment by default is sought has appeared in the action, the party
(or, if appearing by representative, the partyâ€™s representative) shall be served with written notice
of the application for judgment at least three days prior to the hearing on such application.â€
C.R.C.P. Rule 55(b). Clearly, under Colorado law, notice is only given to those parties who have
â€œappearedâ€ in the case and not pursuant to rules of professional conduct.
3. Res Judicata
Defendants further argue that â€œ…the issue of whether defendants had authhority to
foreclose was already decided in the Rule 120 action, and that Order serves as res judicata in this
quiet title action, where plaintiff has improperly attempted to relitigate the issue of title.â€
(Defendantsâ€™ Supplemental Brief, p. 4.) The Court agrees with Plaintiff that res judicata does not
apply to a C.R.C.P.Rule 120 proceeding. The plain language of this rule states in part, â€œNeither
the granting nor the denial of a motion under this Rule shall constitute an appealable order or
judgment. The granting of any such motion shall be without prejudice to the right of any person
aggrieved to seek injunctive or other relief in any court of competent jurisdiction, and the denial
of any such motion shall be without prejudice to any right or remedy of the moving party.â€
C.R.C.P. Rule 120(d).
2010CV6 D55 Page 10 of 10
Defendants cite Golden Cycle Corporation v. Cresson Consolidated Gold Mining and
Milling Company, 497 P.2d 714 (Colo. App. 1972), to support their proposition that a Rule 120
provides res judicata as to matters pled and determined. Golden Cycle applied res judicata to a
default judgment in a â€œforeclosure proceeding.â€ It is unclear from the opinion whether the
â€œforeclosure proceedingâ€ was held pursuant to Rule 120 or Rule 105. Nevertheless, a judgment
issued therein rather than merely an order authorizing sale as is the case in a Rule 120
proceeding, which leads this Court to believe that Golden Cycle applied res judicata to a judicial
foreclosure proceeding and not to a Rule 120 proceeding. (See C.R.C.P. 120(e) (â€œIf no response
has been filed within the time permitted by section (c)…the court shall dispense witth the hearing
and forthwith enter an order authorizing saleâ€). Thus, the Court finds that the Order Authorizing
Sale in case number 2009CV42 is not res judicata as the issues presented in this case.
FOR THE REASONS STATED ABOVE, IT IS THEREFORE ORDERED that One
West Bank F.S.B.â€™s and Federal Home Loan Mortgage Corporationâ€™s Motion for Relief From
Final Judgment be and is hereby DENIED.
DONE AND SIGNED THIS 3rd DAY OF October, 2011.
BY THE COURT
MARTIN A. GONZALES
DISTRICT JUDGE
Martin A. Gonzales
ORIGINAL
SIGNATURE
2011.10.03 10:23:37
-06â€™00’

47. Consumer Rights Defenders cites this from a recent bankruptcy case favorable to the homeowner. We have attorneys who get it. Ask for Steve or Sara: 818.453.3585 M-F 10 to 4. Leave voice mail if we are out to schedule a consultation about your urgent matter with qualified, experienced licensed attorney.
________________________________
>>>>>>AlexTabarrok,T he Law of Unintended Consequences, Marginal Revolution (Jan. 24, 2008,7:47 am), http://marginalrevolution.com/marginalrevolution/2008/01/the-law-of-unin.html.Back toReference 5. Deutsche presented sufficient evidence to prove that either it or HomEq, its agent,had possessionof both the Schwartz mortgage and promissory note as of May 3, 2011.The note was endorsed in blank, which gave Deutsche the right to enforce the note.The fact that Deutsche had possession of the mortgage, however, is irrelevant to its status as mortgagee. While a promissory note endorsed in blank may be enforced by the party in possession of the note, this is not the case with a mortgage. “Like a sale of land itself, the assignment of a mortgage is a conveyance of an interest in land that requires a writing signed by the grantor.”Ibanez,458 Mass at 649. Deutsche had not received a written assignment of the mortgage from MERS prior to May 3, 2011. The fact that it had possession of the mortgage instrument did not render Deutsche the mortgagee and thus it lacked the power to sell the property.<<<<<<
__________________________
Sometimes its the little things that can spoil the bank's efforts. Read your documents carefully and follow the chain of title and assignments carefully. We can help. Call us today.

48. Foreclosure victims, we get it. Call Consumer Rights Defenders. Attorney’s and their staff on call for your foreclosure defense needs from TRO in state and federal court and if needed, BK’s with adversary proceedings. We won’t take your case without a full review. Aggressive legal assistance.
Call us to schedule interview at 818.453.3585. Ask for Sara or Steve.

49. There are a lot of ripp-offs here posting their information on this site. Buyer beware! Even though you have a list of Attorneys for your state who are charging an enormous amount of money to “perform Court action,” these are the ripp-offs. Do not give your money to anyone who doesn’t perform a service. Money should be given to those who actually perform a service. Just because you have J.D. after your name does not give you the right to ripp people off. I wish there were some honest Attorney’s here in southern California. I haven’t found any that charge less than $6,000 just to retain them. 50. Hello, visit a site that will direct you to CA lawyers that are helping homeowners. These lawyers have 15 to 20 years experience in Real Estate law and can provide you with realist expectations on how your case will do. Our sites provide free public information on different issues and cases across the country. Free blog and forum for foreclosure defense strategies. 51. From Consumer Rights Defenders: Bankruptcy Judge Favors Homeowner against MERS. SEE the cite below: IN RE SCHWARTZIn re: SIMA SCHWARTZ, Chapter 7, Debtor.SIMA SCHWARTZ, Plaintiff, v.HOMEQ SERVICING, AGENT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE and DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE, Defendants. Case No. 06-42476-MSH, AdversaryProceeding No. 07-04098.United States Bankruptcy Court, D.Massachusetts, Central Division. August 22, 2011.David G. Baker, Boston, MA, for the plaintiff. Christopher Matheson,RichardC. DemerleandChristopher Decosta, Michienzie&Sawin, LLC,Boston, MA, for both defendants. Gary A. Barnes,Sarah-Nell Walsh, Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Atlanta,GA, for Defendant Deutsche Bank National TrustCompany, as Trustee. MEMORANDUM OF DECISION AND ORDERMELVIN S. HOFFMAN, Bankruptcy Judge. After the plaintiff, Sima Schwartz, presented her case in chief during the first day of thetrial in this adversary proceeding, upon oral motion of the defendants, HomEq Servicingand Deutsche Bank National Trust Company, as Trustee, I granted judgment on partial findings in favor of the defendants on all counts of the complaint, pursuant to Fed. R.Civ. P. 52(c), made applicable to this proceeding by Fed. R. Bankr. P. 7052. Ms.Schwartz then moved for a new trial as a result of which judgment was vacated on count I of the complaint only.Schwartz v. HomEq Servicing (In re Schwartz),2011 WL1331963 (Bankr. D. Mass. Apr. 7, 2011). In count I, Ms. Schwartz alleges that the May24, 2006 foreclosure sale of her home by Deutsche was invalid because Deutsche didnot own the mortgage on the property at the relevant time.1I reopened the trial so that the defendants could present their case with respect to that count, which they did onJune 1, 2011. Based on the evidence and legal submissions presented by the parties,my findings of fact, conclusions of law and order are set forth below.JurisdictionandStanding Core jurisdiction over this case is conferred upon the bankruptcy court by 28 U.S.C. §157(b)(2)(G) and (O).See Atighi v. DLJMortg. Capital, Inc. (In re Atighi),2011 WL3303454, at *3 (B.A.P. 9th Cir. Jan. 28, 2011). Ms. Schwartz’s standing to seek relief isbased on her property interest in light of the alleged wrongful foreclosure.Brae Asset Fund, L.P. v. Kelly, 223 B.R. 50, 56 (D. Mass. 1998).Legal Fr amework Mass. Gen. Laws ch. 244, § 14 establishes the procedure for a mortgagee to foreclosea mortgage by exercise of the statutory power of sale. The statute provides that prior toa foreclosure sale a notice of the sale must appear weekly for three consecutive weeksin a newspaper either published in or generally circulated in the city or town where theproperty is located. The Massachusetts Supreme Judicial Court has recently clarifiedthat a foreclosing mortgagee must hold the mortgage as of the date that the first noticeof sale is published.U .S. Bank Nat. Ass’n v. Ibanez, 458 Mass. 637, 941 N.E.2d 40(2011). If the party intending to foreclose the mortgage is not the original mortgagee, a typical state of affairs when a mortgage loan is owned by the trustee of a securitizedpool of mortgage loans, then the foreclosing mortgagee must hold a valid assignment of the mortgage prior to publishing the first sale notice.The Defendants’Case It is undisputed that Deutsche was not the original mortgagee of the mortgage on Ms.Schwartz’s home, so it must prove that the mortgage was assigned to it prior to the datewhen the first foreclosure notice was published. As discussed in the memorandum andorder on the plaintiff’s motion for a new trial, while the evidence established that anassignment of the mortgage from Mortgage Electronic Registration Systems, Inc.(“MERS”) to Deutsche was executed on May 23, 2006, the day before the foreclosuresale, this assignment, being well after the notice of foreclosure sale was first published,did not confer on Deutsche the power to foreclose on May 24. The Supreme Judicial Court in Ibanez,however, offered an alternative method for a party to acquire sufficientrights in a mortgage to qualify to foreclose:Where a pool of mortgages is assigned to a securitized trust, the executed agreement that assigns the pool of mortgages, with a schedule of the pooled mortgage loans that clearly and specifically identifies the mortgage at issue as among those assigned, may suffice to establish the trustee as the mortgage holder. Ibanez,458 Mass. at 651.With this in mind, the defendants introduced into evidence at trial all of the agreements tracking the transfer of Ms. Schwartz’s mortgage loan from its originator, First NLCFinancial Services, LLC (“First NLC”), to Deutsche, complete with the necessary schedules of the pooled mortgage loans specifically identifying her mortgage as being among those transferred. The defendants argue that these agreements, together withother evidence introduced by them, establish that Deutsche was the holder of the mortgage well in advance of the first publication of the notice of sale. At trial, Ronaldo Reyes, a Deutsche vice president, testified that he had managementresponsibility over the administration of the Morgan Stanley Home Equity Loan Trust2005-4 (the “Trust”) and that Deutsche had always been the trustee of the Trust. Hetestified that in his capacity as vice president he had access to the books and records of the Trust and was qualified to authenticate and testify about the documents admitted into evidence by the defendants. During the course of his testimony, Mr. Reyes authenticated executed copies of each of the agreements discussed below, and demonstrated that Ms. Schwartz’s mortgage loan was included on the mortgage loan schedules attached as exhibits to several of the agreements. Mr. Reyes testified that each was used in the ordinary course of Deutsche’s business as trustee of the Trust. The following documents were admitted into evidence: (i) the mortgage on Ms.Schwartz’s home; (ii) the original promissory note executed by Ms. Schwartz, which Mr.Reyes noted was endorsed in blank by First NLC; (iii) the Amended and RestatedMortgage Loan Purchase Agreement (the “Loan Purchase Agreement”) dated as of September 1, 2005 by and between Morgan Stanley Mortgage Capital, Inc. (“MSMortgage Capital”) and First NLC; (iv) the Assignment and Conveyance Agreementdated September 29, 2005, by and between First NLC and MS Mortgage Capital; (v) theBill of Sale dated November 29, 2005 by and between MS Mortgage Capital andMorgan Stanley ABS Capital I Inc. (“MS ABS Capital”); and (vi) the Pooling andServicing Agreement (the “PSA”) dated as of November 1, 2005 by and among MS ABS Capital, HomEq Servicing Corporation, JPMorgan Chase Bank, National Association, First NLC, LaSalle Bank National Association and Deutsche. Mr. Reyesalso testified regarding a custodial log that was admitted into evidence for the purposeof proving that Ms. Schwartz’s loan documents were in Deutsche’s custody prior to thedate when the first notice of foreclosure sale was published.Findings of Fact2 1. On July 22, 2005, Ms. Schwartz refinanced the mortgage loan on her property at 23Sigel Street, Worcester, Massachusetts, executing a promissory note in the amount of$272,000 payable to First NLC and a mortgage securing her obligation under the notenaming MERS, solely as nominee for First NLC, its successors and assigns, asmortgagee. 2. The mortgage, which was duly recorded at the Worcester District Registry of Deeds,includes the statutory power of sale under Mass. Gen. Laws. ch 183, § 21 which isinvoked by reference to the statute and which permits a mortgagee to foreclose amortgage by public auction sale of the property upon the mortgagor’s default inperformance or breach of any conditions thereof.
3. On May 3, May 10 and May 17, 2006, a notice of foreclosure sale was published inthe Worcester Telegram and Gazette stating that “Deutsche Bank National Trust Company, as Trustee,” the “present holder” of the mortgage, intended to foreclose the mortgage by public sale of Ms. Schwartz’s property on May 24, 2006.
4. On May 23, 2006, LiquendaAllotey, described as a vice president of MERS, executedan Assignment of Mortgage for the purpose of assigning the mortgage from MERS to”Deutsche Bank National Trust Company, as Trustee.” 5. Deutsche, in its capacity as trustee of the Trust, 3conducted the foreclosure sale as scheduled on May 24, 2006, bid in its mortgage debt and purchased the property. 6. In its answer, Deutsche admitted that a foreclosure deed conveying the property toitself was recorded on October 13, 2006. There has been no evidence presented of anysubsequent conveyance of the property and hence I find that Deutsche remains the record owner of the Sigel Street property. 7. As she testified on the first day of trial, Ms. Schwartz continues to reside in the SigelStreet Property. 8. The original promissory note executed by Ms. Schwartz was endorsed in blank by an officer of First NLC. 9. The original mortgagee as identified in the mortgage on Ms. Schwartz’s home wasMERS, as nominee for First NLC, its successors and assigns. 10. In accordance with Section 2 of the Loan Purchase Agreement, First NLC agreed to sell “Mortgage Loans” to MS Mortgage Capital. 11. The Loan Purchase Agreement defines a “Mortgage Loan” as An individual Mortgage Loan which is the subject of this Agreement, each MortgageLoan originally sold and subject to this Agreement being identified on the applicable Mortgage Loan Schedule, which Mortgage Loan includes without limitation theMortgage File, the Monthly Payments, Principal Prepayments, Liquidation Proceeds,Condemnation Proceeds, Insurance Proceeds, Servicing Rights and all other rights,benefits, proceeds and obligations arising from or in connection with such Mortgage Loan, excluding replaced or repurchased mortgage loans. 12. On September 29, 2005, by way of the Assignment and Conveyance Agreement,First NLC sold, transferred, assigned, set over and conveyed to MS Mortgage Capital”all right, title and interest of, in and to the Mortgage Loans listed on the Mortgage LoanSchedule attached hereto as Exhibit A.” 13. Ms. Schwartz’s mortgage loan was listed on the exhibit attached to the Assignmentand Conveyance Agreement. 14. First NLC, therefore, transferred all of its right, title and interest in Ms. Schwartz’smortgage loan to MS Mortgage Capital on November 29, 2005. 15. By the Bill of Sale dated November 29, 2005, MS Mortgage Capital, as the “Seller,”transferred to MS ABS Capital “all the Seller’s right, title and interest in and to theMortgage Loans described on Exhibit A attached hereto.” 16. Ms. Schwartz’s mortgage loan was listed on Exhibit A to the Bill of Sale. 17. MS Mortgage Capital, therefore, transferred its entire interest in Ms. Schwartz’s mortgage loan to MS ABS Capital on November 29, 2005. 18. Section 2.01 of the PSA, which was dated November 1, 2005, provides that the MS ABS Capital, as “Depositor,” concurrently with the execution and delivery hereof, hereby sells, transfers, assigns,sets over and otherwise conveys to [Deutsche] for the benefit of the Certificateholders,without recourse, all the right, title and interest of the Depositor in and to the Trust Fund,and the Trustee, on behalf of the Trust, hereby accepts the Trust Fund.
19. The “Trust Fund” includes all of the mortgage loans listed on an attached mortgage loan schedule. 20. Ms. Schwartz’s mortgage loan was listed on the mortgage loan schedule attached to the PSA. 21. While the PSA provides that the mortgage loans were transferred from MS ABS Capital to Deutsche, “concurrently with the execution and delivery hereof” on November 1, 2005, the Bill of Sale provides that MS ABS Capital did not acquire the mortgage loans until November 29, 2005. The November 2009 PSA indicates, however, that the transaction in which MS ABS Capital would transfer the loans to Deutsch, as trustee of the Trust, would not be consummated until November 29, 2005, which is defined as the”Closing Date.” Therefore, MS ABS Capital transferred Ms. Schwartz’s mortgage loan to Deutsche, as trustee of the Trust, on the Closing Date of November 29, 2005, which is the same date as the Bill of Sale by which MS ABS Capital acquired the loan from MSMortgage Capital. 22. Section 2.01(b) of the PSA provides that if any Mortgage has been recorded in the name of Mortgage Electronic RegistrationSystem, Inc. (“MERS”) or its designee, no Assignment of Mortgage in favor of theTrustee will be required to be prepared or delivered and instead, the applicable Servicer shall take all reasonable actions as are necessary at the expense of the applicable Originator to the extent permitted under the related Purchase Agreement and otherwise at the expense of the Depositor to cause the Trust to be shown as the owner of therelated Mortgage Loan on the records of MERS for the purpose of the system of recording transfers of beneficial ownership of mortgages maintained by MERS. 23. Thus MS ABS Capital did not assign to Deutsche the mortgage on Ms. Schwartz’s home in connection with the transaction through which it transferred Ms. Schwartz’smortgage loan pursuant to the PSA. 24. In the chain of transactions by which Ms. Schwartz’s mortgage loan was sold,initially by First NLC to MS Mortgage Capital, next by MS Mortgage Capital to MS ABSCapital and finally by MS ABS Capital to Deutsche, the seller sold all of its right, title and interest in the mortgage loans being transferred. However, as the mortgage itself was originally in the name of MERS as mortgagee, and not First NLC, First NLC never held legal title to the mortgage and could not have transferred such title to MS MortgageCapital. Consequently, neither MS ABS Capital nor Deutsche, as successors to FirstNLC and MS Mortgage Capital, obtained legal title to the mortgage. This is consistentwith § 2.01 of the PSA quoted above. 25. As of November 29, 2005, the Closing Date defined in the PSA, MERS continued to hold legal title to the mortgage on Ms. Schwartz’s home as nominee for First NLC, itssuccessors and assigns. 26. MERS continued to hold legal tile to the mortgage until May 23, 2006, when it assigned the mortgage to Deutsche. 27. The custodial log establishes that Deutsche received Ms. Schwartz’s mortgage loan documents, including the promissory note and mortgage instrument, on September 15,2005 (presumably in anticipation of the November loan sale), and retained custody of these documents until March 27, 2006, when they were sent to HomEq. The custodiallog indicates that the documents were sent to HomEq for servicing and lists the reason
for the transfer as “foreclosure.” According to the custodial log, the loan documentswere returned to Deutsche on May 24, 2006, the day of the foreclosure sale.
Conclusions of Law In re Marron,2011 WL 2600543, at *5 (Bankr. D. Mass. June 29, 2011), I held that where a loan was secured by a mortgage in the name of MERS, even when the loan itself changed hands several times, MERS remained the mortgagee in its capacity as nominee for the original lender, its successors and assigns.4 As MERS was the mortgagee, it had the authority to assign the mortgage to the foreclosing entity. In this case too, while Ms. Schwartz’s loan passed from hand to hand, MERS remained the mortgagee throughout. While MERS held only bare legal title to the mortgage on behalf of Deutsche, the successor to First NLC, until it assigned the mortgage to Deutsche onMay 23, 2006, only MERS had the authority to foreclose.Having determined that MERS, and not Deutsche, held legal title to the mortgage on Ms. Schwartz’s home mortgage as of May 3, 2006, when the notice of the foreclosure sale of her home was first published, it follows that Deutsche did not have the right to exercise the statutory power of sale and to foreclose the mortgage.See, e.g., Novastar Mortgage, Inc. v. Safran,79 Mass.App.Ct. 1124, 948 N.E.2d 917 (2011) (finding, in apost-foreclosure eviction proceeding, that the foreclosing entity had the burden to proveits title to the property by establishing that the mortgage had been assigned to it byMERS “at the critical stages of the foreclosure process.”). By publishing notice of theforeclosure sale when it was not the mortgagee, Deutsche failed to comply with Mass.Gen. Laws ch. 244, § 14, and thus its foreclosure sale is void.Ibanez,438 Mass. at646-47.5A declaratory judgment to that effect shall enter on count I of the complaint. SO ORDERED.
Footnotes 1. The complaint is unclear as to the relief Ms. Schwartz seeks as a result of theallegedly invalid foreclosure. In addition to the allegation that the defendants did not own the mortgage, Ms. Schwartz alleges that she was damaged by the foreclosure sale,which “was conducted fraudulently, in bad faith” and to her detriment. I previously found that Ms. Schwartz failed to produce any evidence of the defendants’ intent to defraud her. In addition, Ms. Schwartz failed to establish the extent of her damages or that theforeclosure sale was conducted in bad faith. Though Ms. Schwartz does not expressly request a declaratory judgment as to the validity of the foreclosure, based on theallegation of invalidity in the complaint, and the parties’ arguments in the course of trial, I will consider count I of the complaint to be a request for a declaratory judgment that theforeclosure sale was invalid. Back to Reference 2. Any finding of fact which should more properly be considered a conclusion of law,and vice versa, shall be deemed as such.Back toReference
3. The documents pertaining to the foreclosure sale identify Deutsche as “DeutscheBank National Trust Company, as Trustee” without identifying the trust.Back toRefer ence 4. The sophisticated financial minds who wrought the MERS regime sought to simplify the process of repeatedly transferring mortgage loans by obviating the need and expense of recording mortgage assignments with each transfer. No doubt they failed toconsider the possibility of a collapse of the residential real estate market, the ensuingflood of foreclosures and the intervention of state and federal courts. Professor AlexTabarrok of George Mason University has observed “[t]he law of unintended consequences is when a simple system tries to regulate a complex system.” AlexTabarrok,T he Law of Unintended Consequences, Marginal Revolution (Jan. 24, 2008,7:47 am), http://marginalrevolution.com/marginalrevolution/2008/01/the-law-of-unin.html.Back toReference 5. Deutsche presented sufficient evidence to prove that either it or HomEq, its agent,had possessionof both the Schwartz mortgage and promissory note as of May 3, 2011.The note was endorsed in blank, which gave Deutsche the right to enforce the note.The fact that Deutsche had possession of the mortgage, however, is irrelevant to itsstatus as mortgagee. While a promissory note endorsed in blank may be enforced bythe party in possession of the note, this is not the case with a mortgage. “Like a sale of land itself, the assignment of a mortgage is a conveyance of an interest in land thatrequires a writing signed by the grantor.”Ibanez,458 Mass at 649. Deutsche had not received a written assignment of the mortgage from MERS prior to May 3, 2011. Thefact that it had possession of the mortgage instrument did not render Deutsche themortgagee and thus it lacked the power to sell the property.
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Should you intend to file an Adversary complaint or state action, we can assist. 818.453.3585 M-F 10 to 4 PM PDT. Leave message for Steve or Sara.

52. Good day to all,

I hope that this message finds you in the best of heath and Spirit. My name is James and I am a Minister of the Lord, by Faith and Profession. I would like to say, hello to all of the “Livinglies” readers.

I wanted to take a moment to tell you about our exciting experience getting the first “Vacation of Foreclosure” in the State of Michigan. We had refinanced our mortgage with First Franklin Financial back in 2006. Unfortunately, we were snookered into an Adjustable Rate. The beginning rate was 7.75% on a +$300,000.00 home. By January of 2009; the interest rate had increased to 9.875% and our payments were nearly$4,000.00 (after those bums added in escrow for taxes which, they had failed to do at the close).

My wife and I both, attempted to seek some sort of remedy and so we made efforts to contact the bank (SERVICER) for consideration on our monthly payment. It was becoming too much for our retirement incomes and my preaching income. We had originally attempted to refinance with the family member of, one of our congregants (Mr. Dan Moss). We thought that it would be easy because we had good credit, reasonable income and not that many bills. The only problem was the fact that, we could not get refinanced because the best appraisal that we could get was for 215,000.00. That didn’t help so, Mr. Moss suggested that we request a loan modification. First Franklin kept us on the treadmill for nearly 7 months. Our modification was declined 2 times. First, they said that we didn’t make enough (we didn’t include the additional income from the Church). After we sent First Franklin the additional income documents; First Franklin denied our 2nd attempt and told us that, “it appears that you make enough income and should be able to handle the payments”. First Franklin wasted more than a half of a year, just to deny our request. I am not quite sure why Mr. Moss had continued with looking for other options, he could have easily said that, there’s nothing that could be done (like so many others) but by the Grace of God, Mr. Moss insured us that he was going to find some sort of way to get this problem solved. Around mid August of 2009; Mr. Moss came to us and said that, he had been researching foreclosure cases, all over the country and that, he felt like we had a chance of beating First Franklin (by this point, we were in default and First Franklin was sending us notices). Mr. Moss started having some Affidavits drafted for us and we began a very intense letter writing campaign, with the First Franklin. I was amazed at Dan’s work. He must have sent out at least 9 separate letters to First Franklin, BoA, US Bank, MERS, MI-AG, ABN Amro, Fannie Mae, the REO Agent, the securitized trust (whatever that is) and Title Co. Mr. Moss apparently, did more research than what we thought because we started getting back all sorts of letters from the banks. Mr. Moss had rattled some cages and the banks stepped up their efforts to foreclose. Some of the mailings sent, laid out the fact that, the way First Franklin had handled us and our mortgage was inappropriate, at best. I was pretty shocked because, I and my wife were frustrated with the whole situation and all we could do was pray. Dan told me, “Pastor, your life’s calling is based on Faith” and “you keep the Faith and let me worry about the banks” (that’s what we did and that’s what Mr. Moss did). The one thing that I didn’t know was the fact that, the whole time, Mr. Moss was building our Court Case by gathering information for the discovery portion. He even sent the most interest Affidavit to MERS and this was before the Michigan Court of Appeals Rulings on MERS. After that MERS letter; Mr. Moss advised us that, “we are currently in the drivers seat” and “it is time to take it to, the banks… we can’t go into a foreclosure case as, a defendant”. Mr. Moss secured a knowledgeable “Lead Attorney” because there weren’t any in Michigan. Mr. Moss and the attorney work very close, almost like a team. I told Mr. Moss that, as much as he had done and knew that, he should go into law (that guy told me, he had bigger things to do). The Sherriff’s Sale was in Feb. 2010 but we had the MI redemption period and that allowed us to continue on building the case. In August of 2010, we found a notice posted on our door from Fannie Mae, saying that, “we own your home”. This was even more confusing because, there were several other banks saying that they owned the house. I notified Mr. Moss and sent him a copy of the notice. He contacted Fannie and the REO Agent and told them basically to , buzz off. We never heard back from them again. We went into Court in Oct. 2010 and were shocked to find out that, we were going to get a “Stay of Eviction”, a full trial schedule and absolutely no escrows. I was literally blown away. And the funny thing is that, after the first appearance, Mr. Moss said that we needed to fire our crummy UAW/LS attorneys (they wanted us to dump the lead attorney, change our litigation so that they could request a new modification). Our original local attorney, DIDN’T GET IT and so, Mr. Moss got us another one. We told our new attorney (Mr. Moss told them) that, “all we need you for is to file, we don’t need you to think, we don’t need you to over bill, all we need are your legs” (the attorney still billed us more than what he did but in life, we must choose our battles wisely). The new local attorney agreed and within a matter of 7 months (mid June or so) the Judge (we love him) had issued the ruling that, “none of the defendants listed had standing to foreclose” and the Judge then “vacated our Foreclosure”. The Judge did leave one opening (Mr. Moss told us that the Judge didn’t want to known for giving away a “free house”) he had allowed for the “original lender” to initiate any future foreclosures. Here is the kicker, Mr. Moss had already enticed First Franklin into sending a letter saying that, “we’re only the servicer and do not own the loan” (we got this letter before we even went to our 1st appearance). Currently, we are working together and Mr. Moss is spearheading the damages portion of our litigation. Our family would like to thank Mr. Moss for all of his time, patience and thoughtfulness. I didn’t know that we would get the first “Vacation of Foreclosure” in Michigan and now we are going for the vacation of mortgage and then a few dollars for the trouble and worry the banks caused us by, not working with us. In closing, keep the Faith in God and then find the people who get it. God blessed us with Mr. Moss’ help and we felt that we owed him, the recognition for all of his assistance. I can tell you right now that you should let Mr. Moss and his attorneys “who get it”, work for you. Please tell Dan that, I referred you to him. Mr. Moss has even gone to considerable lengths in helping us to get the money to pay his back-end fee (we had some of it but expense always seem to, rear up). The gentleman isn’t very demanding. All he will ask you for is the admin. Fee and for you not to lose anymore sleep. Send me an email and I will give you Mr. Moss’ contact information or you can email him at: Lowecommunityresourcepartners.com Have a wonderful evening, keep the Faith and Fight the GOOD Fight. Pastor James H. 53. God bless Mr. Garfield and the “Livinglies Site”. :) 54. Please read my comment under MICHIGAN, dated 8/11/2011. Dan Moss really “gets it”. Mr. Moss may be very helpful to you. lowecommunityresourcepartners@live.com Thank you for your time and Fight the GOOD Fight. May God bless you all, Pastor James H. 55. Michigan’s 1st ‘Vacation of Foreclosure’… but we can assist you, in ANY STATE of the UNION!!! Well folks here we are… Unlike the bulk of HACKS and uninitiated IDEALIST who excite you with their, PERRY MASON’esq diatribes about the mortgage/foreclosure situation… and WHAT/HOW has these articles on the subtle intricacies of foreclosure defense benefited you, personally… don’t answer that because, we both know the answer. There aren’t any “Arm-Chair Quarterbacks” (“backseat drivers”), inundating you with, unproven strategies/possibilities, this way. I have actual WINS… not opinions… WINS… not patriotic-dribble (were smack dab in the middle of Globalization) that really means little… WINS… no convoluted UCC arguments… WINS… no hearsay… WINS… no speculations on ‘Attorneys Who Get IT’… WINS… zero opinions of what might work… WINS… I DON’T HAVE A DESIRE TO HAVE MY VOICE HEARD… I HAVE A DESIRE TO EARN WHAT I WILL CHARGE YOU, AFTER WE SECURE YOU… YOUR OWN WIN… Currently, we are preparing to go for DAMAGES (the lenders have already shot themselves in the foot by being stupid enough to give the wrong responses to our affidavits, Sworn/Notarized Statements and other mailings)… FREE ADVICE OF THE DAY (free being the keyword): Try to think backwards through you problem… Look at the end result and work your way back to the beginning… It works… Contact me if you want a WIN (nothing else)… Thank you and God bless. 56. If you want to see who’s side the California Department of Real Estate is on go here and digest this article purportedly attacking those trying to help those losing their homes including all attorneys who are involved by claiming the help is all fraud based and there really is little hope available. Go to: http://www.dre.ca.gov/pdf_docs/ca/ConsumeAlert_WarningreMassLitigation.pdf Clearly, the banks have “bought” this state agency who has done NOTHING for 4 years to help consumers. This is outrageous. This little passage has now scared off some prominent foreclosure defense lawyers who were agressively helping home owners. If you want to discuss your options for represented or pro per litigation against your lender for their possible misconduct, we are here to help with plans to fit your budget whether you are in default or not. Call us today. Consumer Rights Defenders 818.453.3585 ask for Sara or Steve God Bless Neil Garfield and God Bless America! 57. Looking for lawyer in Colorado Springs/Denver area 80917 58. In Calif [and elsewhere, probably] Notary fraud should be added to the complaint causes of action and they need to be sued along with everyone who signed ANY of the foreclosure documents NOD, NTS, any loan document and any name on any email used to formulate the loan. It’s daunting but effectively brings in everyone in the mix of the loan into question as a defendant. You MUST have help to do this. Give us a call at 818.453.3585 and ask for the ‘foreclosure defense’ department. Leave a message if we are out. We can help you at Consumer Rights Defenders. If you cannot get through, email us with your issue in 50 words or less to cr.defenders@yahoo.com “. We have attorneys, paralegals and experts to assist. Affordable rates and confidentiality. God Bless Neil and the staff for their hard work. S. Nelson 59. Oops, my mistake The correct site is http://www.scribd.com/winstons2311. 60. South Florida experienced Foreclosure Defense Attorney D. Graham 305-445-9185. Free first consultation. Dillon Graham Esq. of Graham Legal has won the distinction of being listed in Florida Trend’s Florida Legal Elite 2010, a distinction only 1.8% of active and practicing lawyers in Florida achieve http://www.prlog.org/10871686-attorney-dillon-graham-named-as-florida-legal-elite.html http://www.foreclosurelawmiami.com/Attorney-Profile.aspx I have collected many foreclosure defense info at http://www.scribd.com/winston2311. Check it out. Hope it helps. Also check out http://www.foreclosureprose.com . Lots of useful info. 61. Can anyone tell me what it means when your servicer files two assignments at the county recorders office a month apart? 62. The law firm of Minsk & Associates has extensive firsthand knowledge of the fraud perpetuated by the lenders by way of an associate employed at the firm that handled residential closing for over 10 years. If you are a Georgia resident contact Minsk & Associates for free initial consultation and payment plans to fit almost any budget. http://www.minsklaw.com Mr. Stephen Minsk, esq. 63. Don’t forget to join the Oregon Foreclosure Defense @http://www.facebook.com/home.php?sk=group_111704488896220&ap=1 John P. Bowles, Esq. & Rick Fernandez, Esq. 64. As Neil has said so many times, Object to every statement the Banksters make. The truth is in discovery and evidence. It appears the Judge here won’t take statements as truth. Show us……. http://www.leagle.com/xmlResult.aspx?page=7&xmldoc=In%20CACO%2020110531071.xml&docbase=CSLWAR3-2007-CURR&SizeDisp=7 65. Now that loan mod companies have to show you proof before you pay them, many of these people are aligning themselves with Attorney’s who do little or nothing for you. I’ve worked with a few Attorney backed companies and the Attorney’s do not do anything. It is a mod company in wolves clothing. Do your homework ask to speak to the Attorney drill him/her with questions, ask them what happened to their latest case? Ask them do they know the HAMP guidelines, do they submit your paperwork for you? Its like the blind leading the blind out there!! It’s freakin scary! I don’t know who is dumber the homeowner or the attorney? 66. Neil, I spent quite a bit of time on your site. I fail to see much if any reference to Arizona Law. Would love to to discuss strategies in AZ.. Are there any? 67. dont even mention a lawyer who gets it, because all they have gotten is my money. There could be nothing easier than my case: 2005 predatory fremont loan, no default, 6 HAMP black hole payments before rejection; ASC tells us to send no more money;’ sends us back4,000.; robosigner john kennerty assignment to hsbc 2005 he5 after Complaint filed; stamped settled at foreclosure conference because of WFHM notarized modifiication; WFHM cancels Modification and returns $300.00 security deposit; third WFHM Modification is for$50,000. more than my original mtge, and someone is now foreclosing on my property for the 3rd time. First attorney slight conflict of interest, like he ‘s loaded with foreclosed properties, and didn’t file a motion for 3 months; 2nd attorney is Bar recommended and after charging me thousands of dollars, and filing, said, “why don’t you think I believe you?”, and I answered because if you believed me, you would have listened. This is my 18 month nightmare, and
YOU HAVE NAMED NO ONE WHO CAN GIVE US RELIEF; and,.
1. you would have not given up Service without discussing it with me;
2. you would not have given up anything;
3. you would have checked the documents and realized B— could not have served CIT because I paid off Vericrest;
4. you would have checked the documents and asked how B’s Office could have served us with the same complaint twice, a week apart;
5. you would have seen the tax warrant was paid in 2004, so he did not serve NYS Tax Div;
6. you would have asked yourself why ____’s Answer was refused, and he waited 3 months to write another;
8. you would have asked why E’s____ signatures don’t match;
9. you would have never answered allegation #1 that you don’t have enough information;
10. How Can HSBC rescind my mortgage if they don’t own it?
11. You would not have shown me your Answer three days before filing;
12.. When _____ finally answered B, why did he not mention robo signing and John Kennerty;
13. John Kennerty works for wells fargo;
14. When did he become Secretary of MERS?
15. Since when is HSBC for ACE 2005 HE5 located in Depew, NY,
16. Why did Wells Fargo have me notarize a modification and then rescind it, and then start foreclosure proceeedings on it? How?
17. How did Wells Fargo even come into the picture;
18. Is Wells Fargo my Servicer or Mortgagor? Can they be both?
19. Who do you think committed fraud, Wells Fargo or HSBC as Trustee for Ace 2005 HE5, or Deutsche?
19. HSBC as Trustee for Ace 2005 HE5 cannot give me relief;
20. Our Loan is not even in their Pool;
21 B’s_____ office signed off at settlement conference in October due to WellsFrgo Mod;
22. In her refusal,______ said Answer had to filed in October, but that’s not 20 days after August Complaint';
21. You would have seen on my credit report Fremont no longer had the loan after 2005,
so how could they transfer to HSBC in 2010;
22 You would have mentioned my credit report,(Wells Fargo Bank v Lambert)
23. Why did _____ mention my credit report?
24. How did he know someone had gone through Clerk’s files and sent something to Experian;
25. The warrant sent to Experian in 2010 was satisfied in 2004, who sent it;
26. Why was loan Modification with Wells Fargo?
27. Why did Wells Fargo refuse notarized agreement and send back security? Why would I owe Wells Fargo more money?
28. How does DTB Deutsche Bank come into picture?
28. How did A _____, from B’s Office serve 30 year old, english speaking “Housekeeper” who lived away from premises, when my 70 year old Hungarian speaking auntie did not come to visit until September?

He suggested I have my next attorney call him within 7 days, in his experience if a client doesn’t have confidence in their Attorney, it doesn’t work.

.

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IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK!!!!!See MoreSee MoreSuccess Fighting Foreclosure with Produce the Note
http://www.consumerwarningnetwork.com/2009/02/09/success-fighting-foreclosure-with-produce-the-note Rhode Island Attorney George Babcock is finding success using the “Produce the note”OVER 500 FAMILIES ALL STILL IN THIER HOMES!!

69. Is anyone facing a pending foreclosure or had been foreclosed by Aurora Loan Servces LLC? I am looking for a defense Attorney who is quite knowledgeable with the foreclosure scheme that the banks are creating. I have 10 days as of 5/7/11 to respond to a complaint and I am willing to compensate the Attorney for representing me. It is an investment property. The lender was Lend America. They were paid without recourse. However, who was being paid was white out. Aurora is stating that they have a copy of the note. I did a securitization audit and a forensic audit and there is no complete chain of title for the deed. email me at iraphy@yahoo.com

70. WILFRADO PESANTE LAW FIRM IN DC HAS BEEN DISBARRED THANK GOD AND HIS FUNKY LOAN AUDITORS WHO WERE CITED BY THIS WEB BLOG AS A LAWYER THAT GOT IT RIGHT!!!!! OH YEAH, HE SURE DID, THIS BASTARD GOT IT REAL FREAKING RIGHT, STEALING YOUR MONEY AND HAVING LAWYERS LIKE TERRY E. MORRIS, MD LAWYER, APPEAR IN YOUR COURT AND IN YOUR CASE TO HAND IT OVER TO THE BASTARD BANKS!!!! OH YEAH, THIS IS OUR SECOND LAWYER UP HERE WHO GOT THE CONSUMER FUCK REAL RIGHT OUR FIRST IS OUR NEXT PROJECT AS WE ARE GOING AFTER THESE BASTARDS LIC., JUST WHAT THE FUCKERS NEED! SEE US FOR A COPY OF THE ORDER OF LIL DEBBIE WYNN OR ALL THOSE HISPANICS AND MINORITIES THE BASTARDS SCREWED OUT OF THEIR HOMES AND PROPERTIES, OFF WITH THEIR BALLS ALL! TIM 410-257-5283

71. Good day,

I was sending this message because so many folks are looking for ‘lawyers who get it’… Guess what? There aren’t that many. Attorneys are like most people, they usually don’t dip into areas where, they actually have to do work (e.g. research). The bad thing is that most attorneys have become lazy from so many suckers, I mean paying clients (hundreds of dollars an hour) coming to them. And what do they do??? Sell us the consumer, RECYCLED CASE WORK (not a bad hustle… if you can brave it through school).

I can and will get you a ”Lawyer Who Gets It”. Be there, done that.

Lets go for less speculation and actual wins…

ANY STATE…

have a good one…

72. I gave a situation little different wells Fargo foreclosed on me and Ameriquesi is the lender that I remortgaged with. I tried to do it Pro sa but, they wouldn’t didn’t show the assignment of the mortgage or the proper contract in court. I felt like a bowling pin. Is there any lawyers in Indiana. digger4006@ hotmail.com

73. We get it in Calif. Just filed new TRO actions based on new appellate rulings. If the lender FAILS to comply with your Modification plan, that is a material breach and can be used to enforce your TRO. We do the document preparation for much less, but have attorneys if you prefer representation. BK referrals confidentially done on request.
818.453.3585. ask for Sara or Steve 9-5 or leave voice mail.

74. a story by Matt Taibbi’s

The Rolling Stone writer who dubbed Goldman Sachs a “great vampire squid” has set his sights on a couple of glamorous Wall Street wives who may also suck.

In a revealing article in the new issue of Rolling Stone magazine, Matt Taibbi reports that Christy Mack, the wife of Morgan Stanley Chairman John Mack, and Susan Karches, the widow of the company’s former investment-banking division president, Peter Karches, are among the chief investors in a company that received $220 million in low-interest loans. The funds came from a federal bailout program that “virtually guaranteed them millions in risk-free income,” according to the article. “This is what welfare for the rich looks like,” Taibbi writes in “The Real Housewives of Wall Street,” which appears in the issue of the publication that hits newsstands on Friday. Taibbi writes that in 2009, Christy Mack and Susan Karches launched Waterfall TALF Opportunity, a company with a Cayman Islands address, although the two women did not seem “to have any experience whatsoever in finance.” TALF stands for “Term Asset-Backed Securities Loan Facility,” which, Taibbi writes, is also the sleep-inducing technical name of the federal bailout “program that Mack and Karches took advantage of.” He explains that the federal aid they received “falls under a broader category of bailout initiatives designed” by Federal Reserve chief Ben Bernanke and Treasury Secretary Timothy Geithner. Taibbi reports that with an initial upfront investment of$15 million, Waterfall TALF received $220 million in cash from the Fed, most of which it used to purchase “student loans and commercial mortgages.” He further explains that the loans were set up so that the investors “would keep 100% of any gains on the deal while the Fed and the Treasury (read: the taxpayer) would eat 90% of the losses.” As of last fall, he continues,$150 million of the total the women borrowed had yet to be paid back. He also observes that the public has “no way of knowing how much” the investors earned on these transactions, because the Fed has “repeatedly declined” to provide information on how it priced the student loans and commercial mortgages Waterfall TALF purchased.

The Macks certainly don’t seem to be hurting. In August 2009, two months after Waterfall TALF launched, Taibbi reports that John Mack purchased a 107-year-old Limestone carriage house with a 12-car garage on E. 70th St. from Bunny Mellon for $13.5 million. The women did not comment for Taibbi’s article, and a spokeswoman for Christy Mack did not respond to our request for comment by deadline. 75. Need a mortgage defense attorney in the state of Michigan (greater Detroit). Urgent… Please!!! 76. RHODE ISLAND & MASSUCHUSETTS & CT FAMILYS CALL THE LAW OFFICE OF GEORGE E.BABCOCK AT 401-724-1904. WE ARE THE MERS EXTERMINATORS.NO FAMILY TURNED AWAY!BUDGET PLANS AVAILABLE FOR YOUR DEFENSE!!WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-724-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ……………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4 IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK!!!!!See MoreSee MoreSuccess Fighting Foreclosure with Produce the Note http://www.youtube.com http://www.consumerwarningnetwork.com/2009/02/09/success-fighting-foreclosure-with-produce-the-note Rhode Island Attorney George Babcock is finding success 77. I am wondering how long does a homeowner wait to employ an attorney. I have been in the modification process since October 2009. I was told in July of 2010 we were granted the Modification. 6 months later we were told Fannie Mae declined the mod, and although we notarized docs in July, they have no record. We are apparently are in the duel track situation. Every couple of months we receive a foreclosure notice, and yet we continue to pay the Mod payment each month. Currently, Chase says they are looking into the lost doc’s but I understand the game…. I am sure I will be foreclosed at some point, but have no idea of when, and I will still pay the mod payment until then. Really unsure of anything right now. 78. RHODE ISLAND & MASSUCHUSETTS FAMILYS CALL THE LAW OFFICE OF GEORGE E.BABCOCK AT 401-724-1904. WE ARE THE MERS EXTERMINATORS.NO FAMILY TURNED AWAY!BUDGET PLANS AVAILABLE FOR YOUR DEFENSE!!WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-724-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ……………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4 IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK!!!!!See MoreSee MoreSuccess Fighting Foreclosure with Produce the Note http://www.youtube.com http://www.consumerwarningnetwork.com/2009/02/09/success-fighting-foreclosure-with-produce-the-note Rhode Island Attorney George Babcock is finding success using the “Produce the note”OVER 400 FAMILIES ALL STILL IN THIER HOMES!! 79. I need a foreclosure litigation/defense attorney in MD, VA, WV and DC that can sign a letter to the lender about the violation found in the forensic audit. If the lender will not give better terms after our negotiation, then the lawyer can then accept the client for their litigation services. You can call me at (817) 205-9921. Thanks. Jayar 80. SACRAMENTO and BAY AREA Foreclosure Defense Attorney David L. Smart SMART LAW OFFICES 81. MA.& RI & CT.IF YOUR HOME HAS BEEN FORECLOSED ON CALL US WE WILL MAKE IT RIGHT FOR YOU. WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4 IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C. CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 82. Barbara J Gilbert, Esq Los Angeles, Orange, San Diego and Riverside Foreclosure defense and bankruptcy 949-854-1838 legallink1@gmail.com Licensed attorney in California for 29 years Licensed real estate Broker for 10 years 83. Ca. Foreclosure Injunctions assistance. Consumer Rights Defenders has attorneys, paralegals and experts to assist. Call Sara or Steve at 818.453.3585 to arrange a free consultation. Our attorneys charge less and paralegals can assist you in pro se for very low fees. We have successfully enjoined banks from foreclosure since 2007. Good Luck! 84. URGENT!!!!!! Need contact information for Foreclosure Defense in New York, Utah, Michigan, and Austin, TX. 85. I live in canton ohio i have 2 kids my kids are in foster care my kids been foster care since 2008 the worker want my kids to be put for adoption / sale th worker on my case she tell way too many lies my kids are suffering in the foster home I had a public defender he did not do nothing on my case my kids are still suffering in foster care my kids dad had a paid attorney he did not do nothing my kids are still in foster care suffering my kids grandmother had a paid attorney he did not do nothing my kids are still in foster care suffering my kids grandmother live in cook county il she is in need of help with interstate compact cps need a lot of of there funding cut Im in need of a good fighting attorney in ohio to take on dcfs & family court JOIN ME IN MY FIGHT TO BRING MY 2 KIDS HOME SAFE OUT OF FOSTER CARE I would like for anyone to contact me my e-mail is kindnessohio33@yahoo.com stop cps now 86. I need a good attorney in SE Michigan to handle a wrongful foreclosure case. I need a Motion for Stay on a particular issue filed immediately!! legofan4@gmail.com 87. I urgently need accurate contact information for Foreclosure Defense Attorneys in MICHIGAN, UTAH, NEW YORK, and TEXAS (Austin Area). Need YESTERDAY!! Please help. Thanks! 88. I need Foreclosure Defense referrals for MICHIGAN, UTAH, NEW YORK, and AUSTIN, TX. I need accurate contact information. Several attorneys contacted on the “list of attorney’s that GET IT”, either were no longer in business or don’t practice foreclosure defense. Need quick response PLEASE!!! 89. all of LONG ISLAND NEW YORK VICTIMS OF COUNTRYWIDE/BANKAMERICA MORTGAGE FRAUD – LETS UNITE AND HELP OURSELVES- WE WILL FIND OUR OWN ATTORNEYS RIGHT HERE ON LONG ISLAND WILLING TO HELP ALL OF VICTIM OF FRAUD FROM COUNTRYWIDE- E MAIL ME AT THE ABOVE – LETS UNITED AGAINST THEM ASAP – RIGHT NOW – TODAY- NO TIME TO WASTE ! 90. I live in New York- I need to get in a class action lawsuit against COUNTRYWIDE /BANKAMERICA for predatory lending mortgage, mortgage fraud – Im looking for this as soon as possible- the broker working with the guidance of COUNTRYWIDE has falsified my application, whited out the original information, boggussed my home appraisal, sent in fictitious employment application – you name it they did it! – 9 counts of proven undisputed fraud- this is for the hands of a class action lawsuit attorney – others to join in- NY – I will help them gather the documents and prepare cover letters- we all must get together to fight this giant beast- there is force in unity- anyone wanting to join in and get together to unite and create a coalition against COUNTRYWIDE/BANKAMERICA- contact me at the e mail above- this is outreagous what they have been allowed to do – it has to be stopped ! and the only way to stop them is to rallye and unite prepare our papers – we need attorneys to work with and stop them from trying to take away the only thing of value we possess our only home ! THIS HAS TO STOP – LET’S GET TOGETHER AND FIGHT THEM- I LIVE ON LONG ISLAND NY – E MAIL ME SO WE CAN GET TOGETHER AND FIGHT COUNTRYWIDE/BANKAMERICA FOR MORTGAGE FRAUD PREDATORY LENDING ABUSIVE LENDING PRACTICE – NINA ACCOUNTS (meaning No Income No Assets) they only see the total equity of your home-this is also called LIAR LOANS- we must get a group of victims together and work together to fight COUNTRYWIDE/BANKAMERICA FROM DELIBERATE ABUSIVE INTENT TO TAKE OUR HOME AWAY FROM US – 91. Rusty Reinoehl Attorney at Law 1221 Locust Ave. Ste. 1003 St. Louis, MO 63103 P: (314) 932-4575 F: (314) 627-5453 C: (314) 960-8596 srattorneys@yahoo.com 92. We need a list of lawyers for the state of missouri. 93. our pretender lender has just been denied for the second time summary judgement in a court of law in new jersey. failure to produce proper chain of title. we need a lawyer who can quiet title, and posibly help us determine the feasibility or how can we sue these strawman lenders for punitive and or whatever damages corespond to the violations 94. RHODE ISLAND ATTORNEY GENERALS OFFICE WILL NOT BE INVESTIGATING ALLEGATION OF FRAUD ON FORECLOSURES & ROBO-SIGNERS! I was told today that the office of Rhode Islands Attorney General will not be investigating Allegation of Mortgage Fraud by Robo-Signers in which they told the press they were on board and we have proof of wrongdoing on Mortgage Assignments and Affadavits that will prove that these recordings have robo wriiten all over them yet now the Attorney Generals office Heather McLaughlin Director of Consumer Unit announces that they are to busy to investigate fraud committed on our citizens of Rhode Island! Shame on all of you as you are lucky to be that busy as thousands of Rhode Islanders would be willing to take your jobs that are losing their homes daily in a state that is non-judicial and can take peoples homes without even a court hearing.New blood needed. KimThomas, on October 24, 2010 at 2:58 pm Said: http://www.projo.com/economy/Fighting_Foreclosure_10-24-10_7FIGCK5_v36.503440.html# 95. MA.& RI & CT.IF YOUR HOME HAS BEEN FORECLOSED ON CALL US WE WILL MAKE IT RIGHT FOR YOU. WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4 IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C. CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 96. Florida Foreclosure Defense Dillon Graham Named As “Florida Legal Elite” Dillon Graham of Graham Legal has won the distinction of being listed in Florida Trend’s Florida Legal Elite 2010, a distinction only 1.8% of active and practicing lawyers in Florida achieve http://www.prlog.org/10871686-attorney-dillon-graham-named-as-florida-legal-elite.html PRLog (Press Release) – Aug 19, 2010 – Attorney Dillon Graham has recently been named to Florida Trend’s Florida Legal Elite 2010 for his work in foreclosure defense and civil trial. With a comprehensive process, Florida Legal Elite works to create a directory of the cream of the crop of active and practicing lawyers throughout the state. Florida Trend first begins the process by sending out ballots for the year’s list in October of the year before, as well as posting deadlines and guidelines in the Florida Bar News. Lawyers are then asked to send in recommendations as to who they hold in high regard or who they would recommend to a friend. Ballots are tabulated, lawyers receiving one point for nominations from within their firm and three from outside recommendations. This list is then further examined and processed by previous Legal Elite using memberships and histories of the lawyers to come to the final group of attorneys. Of the 64,000 active lawyers, only 1,160 are placed on the list, a mere 1.8% of attorneys in the state. Dillon Graham has an impressive track record which has placed him in a prime position to be part of this elite group of lawyers. With over twenty years of experience and a rich background in civil trial, Graham has devoted his last two years to assisting those in danger of foreclosure http://www.foreclosurelawmiami.com/. By working tirelessly to defend homeowners and applying his extensive knowledge of evidence, trial and legal proceedings, to date, he has never once had a client receive a foreclosure on their property. Beyond the honor of being named to the Florida Legal Elite 2010, Graham has received nods from several organizations for his exemplary legal career. He has previously been listed in “Who’s Who in American Law” and has a peer-review rating of “AV” by Martindale-Hubbell. If you or a loved one are currently facing foreclosure and are in need of creative, aggressive legal representation, do not hesitate to contact him at 305-445-9185 Graham Legal, P.A. is a law firm located in Miami, Florida that focuses on protecting homeowners against foreclosure. By specializing in this one kind of law, they are able to offer comprehensive and dynamic legal advice. Dillon Graham, founder of the firm, has received some of the most prestigious honors available, and applies his extensive civil trial experience to his work of defending against foreclosure. By devoting himself completely to client success and continually working to further his education and stay on the cutting edge of new information, he is able to offer his clients high quality legal guidance. For more information about the firm and what they can do for you, please visit: http://www.foreclosurelawmiami.com/. 97. RHODE ISLAND & MASSUCHUSETTS FAMILYS CALL THE LAW OFFICE OF GEORGE E.BABCOCK AT 401-274-1905 WE ARE THE MERS EXTERMINATORS.NO FAMILY TURNED AWAY!BUDGET PLANS AVAILABLE FOR YOUR DEFENSE!!WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ……………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4 IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK!!!!!See MoreSee MoreSuccess Fighting Foreclosure with Produce the Note http://www.youtube.com http://www.consumerwarningnetwork.com/2009/02/09/success-fighting-foreclosure-with-produce-the-note Rhode Island Attorney George Babcock is finding success using the “Produce the note” 98. Check out this website http://www.foreclosureprose.com for info about foreclosure defense process and samples pleadings. 99. Here is the link to the list of Neil Garfield Lawyerw who gets it 100. I am need of a lawyer who specializes in fighting foreclosures in the state of VA. We were sent a NOD on Monday and HSBC said in addition to their intent to proceed with foreclosure next Thursday that they cannot find the Promissory Note. I thought that it was illegal for a lender to pursue foreclosure if there was no note. I have sent a letter demanding they show me the original signed note for verification. Every attorney I have spoken with the past few days has told me that need to file Bankruptcy but I don’t want to do that. I don’t want to lose our home…we have six children with another baby on the way and I want to fight this. I need help locating an attorney who will work with us to stop this from happening. Any guidance would be appreciated. 101. i live in the south west part of missouri, and i need a smart lawyer, or lawfirm who can help me with my mortgage server, my note that was signed in 2006 the company has filed bankruptcy, and are in chapter 11 at this time, however the new (debt collecting company) who took over the note has changed the note/contract, and they have refused to supply me with the note/contract that was signed in 2006, we have requested over the past 48 months 25 times by written request,and 5 times by certified”Qualified Written Request” under section 6 of the RESPA, We have had a forensic loan audit and there are several local, state, and federal violations, i need a lawyer to contact me at lwalker1230@peoplepc.com or call me at 417 833-3358 or write to me at 4070 n castleoaks blvd, strafford, missouri 65757 thanks larry 102. WHAT TO ASK YOUR PROSPECTIVE ATTORNEYS So you have decided to challenge your servicer as to whether they really have the right to collect anything from you and whether they have been turning over payments to the “proper party” (the real lender) and whether they have any information regarding the securitization of your loan, and an accounting for ALL money exchanged or paid in connection with your loan. You’ve decided to challenge the pretender lender on whether they really own your loan and whether they “represent” any other entity that might be the REAL LENDER. You want to know who the real lender is and whether they have any enforceable right to collect money, enforce the note or obligation, or enforce the mortgage or deed of trust. You have decided to hire an attorney, but like all fields, there are attorneys that are good at one thing and not so much on others. You want an attorney who is a crusader, who is not looking for a single silver bullet like “produce the note.” You want someone who believes in you and believes in your case. You want someone you can trust and whom you like. Big retainers mean big bills generally speaking unless they charge you a project fee that is all inclusive. Yes this is a lot of work to do, but hiring an attorney who is only halfheartedly representing you with the notion that you owe the money and anything he does for you is enough, even if it is a minor delay. Keep looking. Don’t expect the first one you meet to be THE ONE. First consultation usually free. Go without the check book or Credit Card. And remember it is YOUR case, they didn’t screw you (the securitization players did that) and they don’t owe you anything. They spent a lot of time getting educated and trained to practice law and they are entitled to substantial fees compared with other jobs. Here are the the things you should want to know and to get CLEAR answers that are verifiable from any attorney you interview: 1. What type of practice do they have? 2. Have they litigated property matters before? How many times? With what results? 3. Have they litigated mortgage issues including foreclosures? How many times? with what results? 4. Do they have any specialization, certification or degrees in real property law, securities, contract law, Uniform Commercial Code, appraisals, real estate closings? What are those and when did they get it? Do they have a working knowledge and experience litigating in Federal Court (bankruptcy preferred), State Court, jury trials, non-jury trials. How many trials have they been lead counsel? What is their record of success? 5. How would they rate themselves in proficiency in motion practice, discovery, trial, cross examination? 6.Can you get references from other clients? 7. Will they litigate to win or just delay the proceedings? 8. What are their personal views regarding the foreclosure crisis? Is their attitude one of outrage as to what has been done to homeowners, the national and world economy or complacency with a wink at the Judge that this is a real obligation that the “borrower” owes but wants to get out of because of some procedural sleight of hand? 9. What do they think of the financial bailout to Wall Street? 10, Do they agree that the homeowners were targeted victims of a vast scheme to drain homeowners and investors of as much wealth as possible or do they think borrowers were the greedy ones trying to buy houses they couldn’t afford? 11. What do they propose to do for you? Do they have experts with whom they maintain relationships? who are those experts? can you speak with them? or e-mail them ? 12. How much do they charge and how do they charge (by the hour, monthly, contingency fee, costs, expenses). Never give a big sum of money upfront . Negotiate a payment plan because foreclosure lawsuit can drag on couple years and you don’t have to pay the mortgage during the lawsuit. (ie pay a small amount per month as long as you still stay in the house have the option to cancel the payment plan without penalty) 13. What is the total amount they expect that you will be charged for this litigation? (Ignorance would indicate they haven’t been doing this much or with much success). 14.Will you be provided with copies of all correspondence and notes to file? I always ask my attorney to e-mail me his pleadings for me to review and approve before he files them. I and my family attend all hearings with a Court Reporter. 15. Will you have telephone access to the attorney? How often? For how long? I prefer e-mails. 16. Will this attorney be representing you and working your file or an associate? If an associate, you want to ask the same questions regarding the above. Listen carefully to the answers. Take notes. Go home and think it over even if it only for an hour. Don’t let “emergency” conditions dictate settling for an attorney who doesn’t understand securitized residential mortgages. It will only get worse that way. Go to the Court House and ask the Clerk to give you many case handled by your potential laywer. Read them to have an idea of his work. 103. Annon, Click on this link then call each lawyer advertised on the page to make appointment to interview them http://www.google.com/#hl=en&source=hp&q=michigan+foreclosure+defense+lawyers&btnG=Google+Search&aq=f&aqi=&aql=&oq=michigan+foreclosure+defense+lawyers&gs_rfai=CcwmH_dJBTJLPKIvwygStuq25CgAAAKoEBU_QK0_c&fp=ef1b00b7cb80fe03 Send me an e-mail at ocean11@the-beach.net. I will e-mail you some foreclosure defense info and manuals. Best wishes. 104. But WHY are there STILL no attorneys listed in Michigan, one of the worst states affected! 105. List of Neil Garfield “Lawyers who gets it ” nationwide https://livinglies.files.wordpress.com/2008/08/lawyers-that-get-it-0310.pdf 106. http://foreclosureblues.wordpress.com/ if you are in Missouri or Southern Illinois i can give you some good attorneys 107. Sorry, Computer problem-Link does not appear. Click on http://www.5dca.org/oralarguments.shtml to link to the live internet cast – July 15 at 9 am Tomorrow’s Oral Arguments before the 5th Circuit Court of Appeals, beginning at 9:00 a.m. is one of the most important appellate foreclosure cases to be argued in a very long time. Along with Verizzo, BAC Funding, Frost and Regions, this case has the distinct possibility of changing the landscape for foreclosure defense not just in this state but nationwide. Indeed the eyes of the entire country are focused on this important case….and you have the opportunity to see it all go down live. I am profoundly grateful to the community of foreclosure defense advocates who are fighting to hold the practice of foreclosure law to the very highest levels of professionalism and practice. It is a tremendous honor to be part of this experience, and I am especially grateful to April Charney, Greg Clark, George Gingo, Randal Reder, Daniel Rock, Dominic Salfi, David Acosta and all the other committed advocates who have supported this effort. LOG ON HERE AT 9:00 AM THURSDAY MORNING, SELECT LIVE ORAL ARGUMENTS FOR A LIVE STREAMING VIDEO OF THE ARGUMENT Log on and participate in this fundamental and so very important part of our American judicial experience 108. A Brilliant Appeal That Details The Differences Between Endorsement of Note and Assignment of Mortgage – July 15 at 9 am. Docket here. Background Info here. Appellate Brief here. Listen live here. (or tune in to the archived stream if you can’t tune in on 7/15/10.) 109. 10 REASONS TO FIGHT FORECLOSURE LAWSUIT ———————————————————————- From Prominent Florida Foreclosure Defense Lawyer D. Graham Dillion Website 305-445-9185 http://www.foreclosurelawmiami.com 1.The mortgage company that is suing you is likely not your original lender that actually loaned you the money to buy or refinance your home. 2.Mortgage lenders often follow a money-making venture. They practice what is called “securitizing” multiple mortgage notes. The mortgages are bundled and sold to depositors, and wind up in a pool – a trust – consisting of billions of dollars in mortgages. In the end, the plaintiff (the accuser) does not own the mortgages. The trust owns the mortgages. •If your current mortgage company is not your original lender, it probably has never read your mortgage. •There are countless cases of foreclosures where the plaintiff, due to sloppy document retention, was unable to “produce the note” that is required by law to proceed on a foreclosure action. 3.Are you faced with an inflated balance due because your mortgage company is charging you with homeowner junk fees? You may be a victim of predatory lending. 4.You may have sound legal defenses involving the Truth In Lending Act and fraud violations. 5.You may continue to live in your home during the legal proceedings. 6.Once the foreclosure process is in litigation, you do not have to make your usual monthly mortgage payments. 7.You may be able to have the terms of your note and mortgage rewritten. 8.The legal process will give you time to regain your footing… and determine the best course of action. 9.You may keep from ruining your credit or facing Chapter 13 bankruptcy. 10.You will be protected from foreclosure relief scams and loan modification rip-offs. The banks hope you don’t do anything. The quicker the foreclosure, the better for them – which could mean disaster for you. 110. RHODE ISLAND & MASSUCHUSETTS FAMILYS CALL THE LAW OFFICE OF GEORGE E.BABCOCK AT 401-274-1905 WE ARE THE MERS EXTERMINATORS.NO FAMILY TURNED AWAY!BUDGET PLANS AVAILABLE FOR YOUR DEFENSE!!WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ……………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4 IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK!!!!!See MoreSee MoreSuccess Fighting Foreclosure with Produce the Note http://www.youtube.com http://www.consumerwarningnetwork.com/2009/02/09/success-fighting-foreclosure-with-produce-the-note Rhode Island Attorney George Babcock is finding success using the “Produce the 111. Hello, I am looking for a lawyer in MN that is trained in Garfield’s strategies. I am in foreclosure now, I have delayed the sheriff’s sale by two months pro se…feel in over my head. I have a hearing on Monday 07-12-10…to determine if I get a TRO/injunction. Please email me ASAP at : psdsinc@yahoo.com Thanks, Jeffrey 112. Sorry about the wrong number, Doug Matton (An attorney that gets it) changed numbers the correct number for this CHICAGO PREDATORY LENDING ATTORNEY is 312-236-6800 113. do you know of an attorney that could help in Tennessee? need help with bad home loan, forgery and fraud. 114. Can someone refer a lawyer in maryland that “Gets it”? 115. In Calif we have attorneys and paralegals who can do your foreclosure injunction by temporary restraining order. We also have paralegals for litigation support who can assist your firm in obtaining injunctions. Give us a call at 818.453.3583. If you are without counsel, we can help too. Ask for Steve Nelson, J.D. at Consumer Rights Defenders. If you have received a Notice of Default, be prepared to fax or email it to us for a free consultation. 116. Kevin, What are your damages? Is their fraud a criminal matter to be investigated by a government agency? Did they actually collect anything from you? How were you hurt? Were you just inconvenienced by opening the mail? Did you send them a letter to tell them to stop calling? 117. John: What I meant by first blood was suing one or both of them for fraudulantly trying to collect on a debt they didn’t own. The second party is saying they “bought” an obligation from the first party but the first party is still trying to collect the same obligation and the second party hasn’t shown any evidence that it was sold to them, etc., etc. 118. Kevin, If you “draw first blood” with United Guaranty, will you not in turn grant some legitimacy to their position? While deciding what not to do next, try to read section 4 of the Fannie Mae standard note. Does it give us the contractual right to know who the “UCC holder” is and to be conversant with that holder? Does anyone out there have the history of adhesion contracts and their treatment by the courts? 119. Here’s a new one in my ongoing battle. My second mortgage is held by Citi Mortgage. The argument now isn’t even if they own it, service it, throw darts at it or whatever. The situation is that I quit paying the second because it made no sense to throw money at a second when the “holder” of the first was attempting to foreclose. (we are currently in litigation) So just for grins, I sent Citi a QWR on March 29, they signed for it on April 5th. They didn’t respond in 20 days as required, they now have missed the 60 limit to answer, AND on May 12th I received a letter from an outfit called United Guaranty stating that they had paid off the loan and I owed them the balance in full. During the time between the date they received the QWR and now, Citi continues to try to collect the debt, United Guaranty continues to collect the debt and it has gone as far as me receiving bills from Citi and collection notices from United Guaranty on the same day in the mail. Somebody is engaged in fraud here and I thought I had such a slam dunk that I called a local attorney who is suppose to be a pit bull when it comes to debt collection practices to offer him this on a silver platter and he (actually his case management person) wouldn’t even look at it since I wasn’t receiving a bunch of “harrassing” phone calls from these people. Sooo, I guess I’ll have to take this on on pro se also. Does anyone have a good approach for drawing first blood? (the complaint) I will be sending a QWR to United Guaranty in the next week. Kevin 120. I am looking for an attorney in the North Carolina area or a nearby state. 121. I would like a list of the attorneys in New Jersey that get this. I am currently having a forensic review done and then possibly a modification but want to hire an attorney in my area. I have received a notice of intent to foreclose from bank of america. My email is durelli3@verizon.net. 122. This Rule is Florida Civil Rules. Check in your state Civil Rules and Procedure to see if your state has similar rules. You can find a copy of the Rule at your state Bar website or call them . They will tell you where you can get or download the Civil Rules and Procedures. I talked with many Florida attorneys and they confirm that they can get the Jugdment and the Sale reversed if they find evidence that the Plaintiff committ Fraud upon the Court. 123. Ann – Does this just apply to Florida or to ALL states? 124. HOMEOWNERS – SPREAD THE WORDS AROUND – GET YOUR HOMES BACK – HERE IS THE RULES – FORECLOSURE MILLS COMMITTED FRAUD UPON THE COURT WITH FRADULENT DOCUMENTS ———————————————————————– Quote : from D. Graham Esq. 305-445-9185 Under Rule 1.540 of the Florida Rules of Civil Procedure a judgment can be set aside for various reasons including excusable neglect, newly discovered evidence and fraud on the court. The time limit is one year post judgment except when the judgment is void. Also the property owner can file an independent action and is not limited by Rule 1.540 time limits. Rule 1.540. Relief From Judgment, Decrees, or Orders (a) Clerical Mistakes. Clerical mistakes in judgments, decrees, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be so corrected before the record on appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court. (b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment or decree is void; or (5) that the judgment or decree has been satisfied, released, or discharged, or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application. The motion shall be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, decree, order, or proceeding was entered or taken. A motion under this subdivision does not affect the finality of a judgment or decree or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, decree, order, or proceeding or to set aside a judgment or decree for fraud upon the court. unquote 125. Jessie, Here is the link to Lawyers who Gets it in Arizona and other states https://livinglies.files.wordpress.com/2008/08/lawyers-that-get-it-0310.pdf I think you can use all that TILA violation to try get your foreclosure case dismissed or get good loan modification. To obtain damages from these violation you may have to file lawsuit in Federal Court as these are violation of Federal law. Check with many lawyers to be sure. Not many lawyers know how to handle these matter. Email me for some free foreclosure defense material. 126. FORECLOSURE MILLS BUYING FORECLOSED PROPERTIES ———————————————————————– From Matt Weidner Esq at http://www.mattweidnerlaw.com I’ve been hearing chatter and rumors about parties affiliated with the foreclosure mills buying properties after they have completed the foreclosure and now apparently reporters have been hearing such chatter as well. If anyone has details on such transactions from anywhere in the state, please email that information to me at weidnerlaw@yahoo.com. Some of you good researchers out there, this could be bombshell material. If you’ve got the time, I would be looking at all sales in a given area, then backtrack that sale to see if the last record was a certificate of title. I would suspect that properties would first be going to LLC or LAND TRUST so multiple deeds go into these would catch my attention. We uncovered a mountain of questionable information last time I asked for Assignments, and federal investigations across the country are currently underway into the assignment practices, most notably into the practices of Lender Processing Services, LLC… but that’s just the tip of the iceberg. The feds move slowly, but unlike other crimes, these paper crimes leave a long, recorded trail. So get out there are poke around…let me know what you find! 127. I recently had a forensic audit done by Consumer Mortgage Audit Center, and they found what they catogorized as “serious” violations. Noted as; TILA(x2), Respa, and FTC regarding regulation Z. My questions is what do I do with this, and who do I go too? My house is pending forclosure, finding an attorney in Phoenix Arizona has been difficult thus far. Is this a forclosure attorney case or a criminal case? Any ideas? 128. SUCCESS in Los Angeles County Superior Courts….we have not lost a TRO case yet and have several that have ripened into preliminary injunctions where there is a CC sec 2923.5 violation ‘standing alone.’ This past week, we have 2 new cases in which we are seeking to SET ASIDE THE ILLEGAL foreclosures. Anyone interested in discussing your experience, lawyer or lay person….give Jimmy a call at 818.453.3585. We are a law firm in LA area protecting consumer’s from foreclosures. 129. Does anyone have a refferal for an Attorney in Cincinnati,Ohio?? We have interviewed a dozen so far and all I am getting are REALLY expensive offers to obtain a Loan Mod. Here is what we already know…The trust our loan is in is FFMLT 2006-FF-14. I found this myself in SEC filings without even a loan number :-) This has been confirmed by the Servicer. They listed it on the Forebearance agreement they sent us over a year ago and I didn’t know what it meant. This trust went off the books on 1/24/07 per SEC filings. The servicer is claiming to represent the the initial Trustee and Owner of the Note as of 3/09. Through SEC charges against Goldman I saw the offering for ABABUS 2007- AC1. The same trust FFMLT FF-14 and Cusip are in this offering…which was about 60 days after going off the books in SEC. They are claimed to be owned by Goldman Sachs. This morning I was reading around and stumbled on the Holdings of Maiden Lane II LLC. As of 4/10 the same Cusip is listed in their holdings. Which means The Federal bank of New York is the owner AND so are the US taxpayers through the Federal bailout of AIG??? 130. Joelle, I have the list. But I need your email address to send it to. 131. I would appreciate the names of any attys that “get it” for Mortgage Defense in TENNESSEE—-thx 132. John, Please e-mail me the 140 pages file you found on FAS 140. I can’t find it. My e-mail is ocean11@the-beach.net My head is about to explode trying to understand this information. : ( 133. Mr. Soliman, Can’t thank you enough for the information. Searching for the FAS 140 docs led me to an article that explains the problem of which you speak in detail. It also seems to support the idea that the securitization changes the structure of the funds from risk/investment to control/assets/ liabilities. It’s a long read (140 pages) but will be worth the effort. Thanks! 134. Kevin, what Soliman speaks of is not for virgin ears. Please shield yourself from the rantings of this madman. I am sorry to say I understand him completely. “So, you’re saying the loan is extinguished and they take back the house to recover the loan at the same time to eliminate the exposure caused by the missing debit entry?” 135. Mr. /Ms. Soliman: I guess the information you provided here is worthwhile and accurate. The problem is, your writing style and structure leaves me scratching my head as far as what is being said. I am in the middle of a foreclosure fight and could sure use the additional help but I can’t understand most of the post. Could you try again in more user friendly verbage? 136. It’s frustrating and so confusing to see the effort put into verifying the assignments and for determining standing. By this I mean the lender can evidence the right to prosecute the note and conditions to repossess the collateral – your home. My advice is not ongoing to change here and that in spite of a lot of good stuff I have been reading. 1) Look to the IRS code, only the parties who are entitled to receive revenue from the assets can claim the assets on their balance sheet. 2) Verify the ownership of the assets under the 10K filings which are published under SEC enforcement. Just because the entity means delisted does not mean the asset were not assigned to a new published reporting entity. 3) Under GAAP you will find FAS 140 rules for transferring assets. If that does not tell you everything you need to circumvent these lender bender games….I don’t known what will. 4) Look for last published filings going back two or more years. Read the auditors attestation and look for violations of 1122 AB under SEC enforcement. 5) Get a CPA before your spend time and money on an attorney. Link the two FAS 140 and 1122 AB (use of vendors) and you have a winner I ASSURE YOU. 6) You will not beat the fact you signed a promissory note. Call me if you want more information. But do not fight the note 6) The deed or mortgage is where you beat the lender who separates the beneficial interest at funding. It’s a potential claim for Bifurcation is fact and that allows MERS its magic. What MERS separate I assure it cannot rejoin 7) Look to use the fact every foreclosure my office sees evidenced by a grant deed upon sale is error filled and subject to fraudulent practices claims a. Transferred is the beneficiary b. Trustee sells home to highest bidder c. Bidder is the beneficiary 8) Problem above (three items) is who brought the foreclosure claiming and granted a trustee its authority? The evidence is the deed or mortgage not being acquired until a sale is completed. [Please counsel….it is so insulting to the rational mind.] 9) These sales conducted by the beneficiary for the beneficiary at the highest bid price are deemed dual consideration. The general ledger does not carry using a trial balance. 10) Sure enough there is a missing credit. And there you go, the lender alleges to have bid the home using a credit bid. NG – I don’t believe these loans are paid off or paid down. I respect your arguments but there not enough capital in this world and the netherworld to imagine ever covering this massive number. Its especially fact given a payoff under insurance coverage and from over collateralization fails unless you discount “goodwill” down to book value. No cann do and a repo aggrement is a violation of FAS 140 so….it all comes round circle. The notion of a “deleted” made subject to the recourse provision means no can do. There are no replacement loans to cover the deleted asset therefore…. Anyway, the general ledger is something you MUST recreate and if you succeed finding the missing offset for compensating balances- that’s good. That amount missing is not from a pay down from Insurance proceeds but evidence of derecognition. Now the entire foreclosure process cannot be made enforceable subject to filing you claim with the SEC. No way Jose! These matters are suffering from significant diversity and a wide ranging jurisdiction. Don’t end up in an Unlawful detainer hearing asking for anything realistic. M.Soliman expert.witness@live.com 137. 1) Need Arizona Attorney Who Gets It regarding my home outside Phoenix AZ. BofA is servicer, Fannie Mae has 1st. Countrywide “Pooling” has small 2nd. Goal: Principal Reduction & Interest Rate Reduction. 2) Check out http://www.mortgageorb.com – search “Fannie Mae Announces Servicing Policy Changes” 3-31-10. As of May 1, 2010, MERS can’t bring a foreclosure action where Fannie Mae has the loan. When MERS is mortgagee of record, servicer must prepare a mortgage assignment from MERS to the servicer or to Fannie Mae. Then the servicer or Fannie Mae brings the foreclosure in its own name. The assignment from MERS must be recorded before the foreclosure begins. 138. My reply to “Ann, on April 17, 2010 at 5:41 pm”: Great list, Ann. I would add one link that helped me as Pro Se to understand the anatomy of a lawsuit and how to apply that knowledge in court, with or without a lawyer: http://www.jurisdictionary.com/index.asp?refercode=GM0005 139. Whether you decide to hire a lawyer or fight foreclosure Pro-Se, check out these websites . You will find valuation information and pleadings samples to build yourself a large knowledge of Foreclosure Defense. An informed Homeowner has more chance to win; http://www.foreclosureprose.com http://www.gingolaw.com Self Help Section. Lots of pleading samples. http://www.4closurefraud.org http://www.mattweidner.com/blog Up to Date FDefense info & excellent pleadings samples/case law. http://www.msfraud.org forum – Many pleading samples at the threat Tactical Consideration for FDefense. 140. my email address is bryanbrey@gmail.com thanks E! 141. I can’t forward my list without your email address?!? “E” 142. Hi- I have 2 open cases. One in Federal Court Nevada and one in US Court of Appeals 9th Circuit San Francisco, California. Both homes are in Las Vegas, Nevada. Can a few of our fellow friends here send me some lawyer contacts who really ROCK IT! I thrive. You thrive. We thrive! 143. I would be interested in setting something up to get Niel and Brad here to Chicago, Illinois. There are a ton of attorneys that need to be brought up to speed on this! tony@byebyebanksters.com 144. I would like to refer an attorney that gets it! His name is Doug Matton in Chicago Illinois. You may contact his office at : 1-312-236-8922. There are too many people not showing up for court and the banks are having a hay day, everyday in the court house. Mr. Matton has expressed his concern with this and knows that there are valid defenses that can be had without filing for bankruptcy or just looking to buy time. Real DEFENSE to foreclosure. 145. Hi We are looking for an Attorney who “gets it” in Cincinnati, Ohio- Hamilton County. Please no stories about all the wonderful programs in place for obtaining a loam mod… been there and already tried that. Now we are angry and want to fight back. The lender of record is First Franklin a division of National City. The servicer is Select Portfolio Servicing. Mers is mortgagee and the note is endorsed in blank. There have been no assignments recorded yet. Please contact Teri or Rick at cocothenewchi@yahoo.com if you are an Attorney or can refer one. Thanks so much! 146. Please send me the list of lawyers @ lwinchell63@sbcglobal.net Thank you. 147. Hi Guys, We have teamed up with David Ruyle, a pit-bull of a litigator in San Diego is taking cases all over CA. We are fighting every case based on Lost Note, Trustor/Trustee failure, Breach of Contract, Securitization, CDS illegalities, etc… the full boat!! Contact us for more info– http://www.forensicmortgageauditors.org 148. E, Please send me your list. jpantera@forensicmortgageauditors.org Thanks! JP 149. I have been calling around and speaking to Attorneys and their Staff, and asking questions to see if they are knowledgeable in this process. I just want to warn everyone to ask the right questions.Neil and his staff has empowered us with so much knowledge, before paying your money. I just spoke with one Attorney today in Elk Grove CA and he told me that “it will never happen in California (proving who owns the mortgage & note), and that he would not even entertain it”. My belief is that if your Attorney is knowledgeable and is willing to fight for you regardless of what happens you didn’t just lay down, you went down swinging. It’s tough, I know, I wanted to give up the first month but I will fight because this is worth fighting for and if you don’t like what the first Attorney said keep trying until you find one that “Gets it”! 150. To: Stan, Sunbeam, Dennis and Sam, I can respond with my list of lawyers in all 50 states IF you send me your email address. I can then send the list as an attachment back to you. “E” 151. Could you please email me a list of lawyers in Idaho. brett@sullivanconstructionllc.com 152. Read this deposition of the Person who signes fraudulent documents for Foreclosure Mills. An insider look of how they fabricate fakes documents to take away our homes. Anybody knows how to post it on the Web to share ? Take few minutes to download. The computer screen may freeze few seconds. Long documents. 153. I need a attorney in Illinois that can defend the foreclosure after the sheriff sale. I wish I would have found your site 2 years ago. Because I’ve been seeking an attorney for assistance for the past 2 years. Thank you 154. I am Suzan Bayer looking for Lawyer for settlement Case. Contact me @ suzan_bayer@yahoo.com 155. RePOST of Neil ‘s message in November 2009 WHAT TO ASK YOUR PROSPECTIVE ATTORNEYS ——————————————————————– So you have decided to challenge your servicer as to whether they really have the right to collect anything from you and whether they have been turning over payments to the “proper party” (the real lender) and whether they have any information regarding the securitization of your loan, and an accounting for ALL money exchanged or paid in connection with your loan. You’ve decided to challenge the pretender lender on whether they really own your loan and whether they “represent” any other entity that might be the REAL LENDER. You want to know who the real lender is and whether they have any enforceable right to collect money, enforce the note or obligation, or enforce the mortgage or deed of trust. You have decided to hire an attorney, but like all fields, there are attorneys that are good at one thing and not so much on others. You want an attorney who is a crusader, who is not looking for a single silver bullet like “produce the note.” You want someone who believes in you and believes in your case. You want someone you can trust and whom you like. Big retainers mean big bills generally speaking unless they charge you a project fee that is all inclusive. Yes this is a lot of work to do, but hiring an attorney who is only halfheartedly representing you with the notion that you owe the money and anything he does for you is enough, even if it is a minor delay. Keep looking. Don’t expect the first one you meet to be THE ONE. And remember it is YOUR case, they didn’t screw you (the securitization players did that) and they don’t owe you anything. They spent a lot of time getting educated and trained to practice law and they are entitled to substantial fees compared with other jobs. Here are the the things you should want to know and to get CLEAR answers that are verifiable from any attorney you interview: What type of practice do they have? Have they litigated property matters before? How many times? With what results? Have they litigated mortgage issues including foreclosures? How many times? with what results? Do they have any specialization, certification or degrees in real property law, securities, contract law, Uniform Commercial Code, appraisals, real estate closings? What are those and when did they get it? Do they have a working knowledge and experience litigating in Federal Court (bankruptcy preferred), State Court, jury trials, non-jury trials. How many trials have they been lead counsel? What is their record of success? How would they rate themselves in proficiency in motion practice, discovery, trial, cross examination? Can you get references from other clients? Will they litigate to win or just delay the proceedings? What are their personal views regarding the foreclosure crisis? Is their attitude one of outrage as to what has been done to homeowners, the national and world economy or complacency with a wink at the Judge that this is a real obligation that the “borrower” owes but wants to get out of because of some procedural sleight of hand? What do they think of the financial bailout to Wall Street? Do they agree that the homeowners were targeted victims of a vast scheme to drain homeowners and investors of as much wealth as possible or do they think borrowers were the greedy ones trying to buy houses they couldn’t afford? What do they propose to do for you? Do they have experts with whom they maintain relationships? who are those experts? can you speak with them? How much do they charge and how do they charge (by the hour, monthly, contingency fee, costs, expenses). What is the total amount they expect that you will be charged for this litigation? (Ignorance would indicate they haven’t been doing this much or with much success). Will you be provided with copies of all correspondence and notes to file? Will you have telephone access to t e attorney? How often? For how long? Will this attorney be representing you and working your file or an associate? If an associate, you want to ask the same questions regarding the above. Listen carefully to the answers. Take notes. Go home and think it over even if it only for an hour. Don’t let “emergency” conditions dictate settling for an attorney who doesn’t understand securitized residential mortgages. It will only get worse that way. 156. CALL TO ACTION- GET ME BOGUS ASSIGNMENTS AND AFFIDAVITS ———————————————————— March 13th, 2010 · Foreclosure- For months now, one of the most sophisticated and aggressive group of Foreclosure Defense attorneys in the state have been collecting evidence of questionable assignments and affidavits of amounts due and owing and affidavits of attorney’s fees. Due to the sensitive nature of this, I’m not disclosing the names of the attorneys, but they are reading this post and if they want to identify themselves they can reply to this post. Quite simply, as they’ve reviewed hundreds or thousands of affidavits and assignments, and compared the dates and signatures on the documents, they do not appear to be legitimate. In some cases an affiant has allegedly signed dozens of documents in several states all on the same day. In other cases, the signers are allegedly signing documents on days when they have other evidence that the signers could not or should not have been signing on the days the documents are allegedly signed. In almost all the cases, when you compare the alleged signature of the signer with documents which bear the signer’s real signature (like on a mortgage for their own home), the signature on the affidavits and other documents are completely different. This conduct seriously undermines the judicial system and is totally unacceptable when any party does it….but we have good reason to believe that attorneys affiliated in various ways with the foreclosure mills are actively participating in creating false affidavits and documents. In at least one case, the foreclosure mills “withdrew” affidavits signed by attorneys that were submitted to courts when they were challenged as being fraudulent. When they were sought for deposition, the court granted a protective order preventing the false attorney signers from being deposed….apparently when you commit a fraud on the court and you’re caught, you can withdraw the fraud and you get a free pass. CALL TO ACTION- GET THE DOCUMENTS! This cannot be allowed to continue. We all need to work together to collect affidavits and assignments, then post them in one centralized locations so that all who are involved in this fight can compare signatures and dates on these signatures. Depositions are scheduled for several of the false signers and the more examples of affidavits and assignments we have the better. Pro se folks, activists and attorneys, please take some time and email or fax all the affidavits and assignments you can to me. My email is weidnerlaw@yahoo.com, my fax is 727/213-6235. If affidavits are posted elsewhere, please send me links I will post the links. We are particularly interested in affidavits of attorney time at this stage because depositions of attorneys who purportedly signed these affidavits are currently set. The foreclosure mills are fighting like hell to not have these depositions taken. What are they afraid of? All the signer has to say is, “Yes, I signed that affidavit.” Problem is outside evidence suggests that the affidavit signer could not have actually signed the affidavit and in many cases, the signatures are wildly different. Nailing the mills on this will have major implications. I’m willing to bet that in many cases, the mills don’t bother to have affidavits of attorney’s time properly prepared, witnessed and notarized. I’m willing to bet they just gloss over these “minor” details and have created some perfunctory process where affidavits are just blown through and signed by any old person…and not the person’s name who is on the signature line….that’s fraud. If we all do our job and work together here, we will have a database of publicly accessible affidavits that can be compared, used in depositions and shared with the courts…..please help, email or fax affidavits and assignments to 727/213-6235 or weidnerlaw@yahoo.com 157. Kevin, If you still need the list, please send me your email address so I can forward the list. thanks, “E” 158. Kevin, If you still need the list of lawyers, send me your email address so I can forward the list to you. “E” 159. Rick, I have a list of “Lawyers Who Get It” across the US. I need your email address to be able to attach the list and forward it to you. thanks, “E” 160. To those requesting my list of lawyers who get it across the U.S.: PLEASE SEND ME YOUR EMAIL ADDRESS WHEN REQUESTING THE LIST. I CANNOT FORWARD IT TO YOU WITHOUT YOUR EMAIL ADDRESS !!! “E” 161. CA Foreclosure Defense Attorney Check this website. The Lawyer seems “get it” based on what he writes on his website. http://timothymccandless.wordpress.com/ 162. My Loan Servicer OCWEN is trying to foreclose on my home. I have request the Mortgage and Promissory note and was sent a letter stating that they were working with the Investor to obtain it. The Investor closed it’s door back in 2007 due to fraud. I obtained all docs from the county recorders office and there is no assignments. I need a Lawyer that gets it. I’m located in Northern CA (Stockton). Please send me the name of an Attorney that truly gets it. I’m prepared to fight but I need the best representation possible. my email address is: ecargill28@comcast.net (209)598-3851 I have tried to get modified but OCWEN is screwing me around stating that they are not receiving my documents. I worked with a HUD counselor and they have sent my documents as well. I NEED HELP!! 163. This message is for Garfield. So, how do I contact a lawyer that “gets it” in my State for Non-Judicial Foreclosure on my house? (Northern California). Need some help here & willing to donate for the info. Dennis 164. Sunbeam… contact Louise Hornsby in Atlanta her number is 404-752-5082 165. A MERS SPLITTING ARGUMENT BY A PROSE ————————————————————— See the full transcript at http://mattweidnerlaw.com/blog/wp-content/uploads/2010/03/delasallemtdargument.pdf The “MERS Splitting” argument is a complex and sophisticated argument, Attached here however is the transcript of a Motion to Dismiss hearing where the MERS argument is made quite convincingly by a pro se litigant, Bernice Thoreau De La Salle. There is something very, very wrong in the MERS mortgage soup. What is most fascinating about this transcript is how powerfully this plain clothes advocate makes her argument….it’s just plain brilliant and she stands up tough against the bank and a skeptical court…read through the transcript and you will find the court coming back around….she’s does a brilliant job of pushing hard and sticking up….this is a case study in advocacy that practicing attorneys should read. 166. Are there any attorney’s in Kansas that “get it?” We live on a family farm in Miami County Kansas. We’ve ordered and motioned to continue and it was granted for 30 days. Wells Fargo must be stopped. acassity(at)midwest-connections.com Contact us. THANKS. 167. Does anyone know of an attorney who gets it in Atlanta, Georgia? Thanks 168. I need a Michigan attorney also. My home was sold in foreclosure with NO notice! legofan4@gmail.com 169. I need a…… M i c h i g a n/ MERS……attorney FAST. shanghavmri@yahoo.com 170. I need lawyers in texas for forclosure defense please email info to jasjon524@yahoo.com Thanks Noel Idrogo 171. Quote QUESTION: Am I simply delaying the inevitable by hiring a foreclosure defense attorney? My wife and I were served with foreclosure papers. I lost my corporate job 8 months ago and the last mortgage payment we made was six months ago. If I hire the best foreclosure defense attorney, is he/she going to be able to win the case for me? I have heard that some foreclosure attorneys charge a monthly fee for every month they keep someone in their house, which leads me to believe that eventually the case will be lost and the people will be kicked out of their house. What are my chances of getting the mortgage wiped out all together and getting to stay in my house indefinitely? Is there any attorney who can help me do that? If not, am I not just postponing the inevitable? I hear that foreclosure cases move slowly anyway, so why pay an attorney just to buy time? ANSWER 1 The federal programs are useless, and the “workouts” the mortgage companies offer, if they offer any, are normally completely useless. They string people out while they advance the foreclosure, and often people only find out when it is too late that they will do little or nothing to help them. However, there is no generic answer to your question. Many, perhaps most, of the mortgages originated in recent years are defective in a variety of ways, ranging from defective origination, defective servicing, internal defects in how the mortgage was transferred from the originator to the current holder, defects in how insurance was handled, particularly force-placed insurance. There are many attorneys who do nothing more than stall, and for some clients maybe a limited stall is all they want. Maybe more time to make their plans is sufficiently useful to them. Unfortunately, these days those kinds of attorneys are everywhere, and so if you were to hire one of them, it would be inevitable that the limited stall would reach the end and the foreclosure would then go forward. It is untrue that foreclosure cases move slowly. Since there are so many of that kind of attorney, many people don’t realize that there are other options. While again it depends on court dockets and at times a case may slip between the cracks, a foreclosure can be concluded in as little as 120 days. Furthermore, beyond the loss of the home, there is also a very serious deficiency judgment problem, since the mortgage company can and will get a judgment for the entire difference between the total you owe, including all accruals, advances, costs, fees, etc., and the value of the property at the end of the foreclosure, and can then use the deficiency judgment to garnish wages, levy on bank accounts, vehicles, etc. for up to 20 years. They can also follow you all over the country with the judgment, and so can go after assets you own or income you have in other states. REAL foreclosure litigation is not about stalling (although doing the litigation properly does take a great deal of time and so does slow the process down tremendously). Real foreclosure litigation is about peeling back all the layers of the onion and finding all the problems and issues with loan, the lending, the servicing and the foreclosure itself which might then be utilizable in defense of the foreclosure. It is not realistic to expect to get a house for free, although occasionally it does happen. However, with a real defense, it may be possible to back the mortgage company into a corner where it will have no choice but to negotiate with you significantly better terms that would make it possible to keep the house. Serious foreclosure litigation is extremely difficult and complicated. This is not something that even most attorneys know how to do. We have clients who are themselves attorneys, yet have come to us for help because they understand this, and realize that in order to have a chance against the “big guys” they need really qualified people to help them. Doing this right is very complex, and each case has different issues and potential strategies. There is no way to know what issues exist in your case (or anyone else’s) without a detailed interview and careful analysis of the entire picture. ANSWER 2 First of all, your goals are what should drive the defense. If your goal is to keep the house, then you need to fight the foreclosure in order to strengthen your negotiating position with the bank and determine who in fact is actually owed the money you originally borrowed. In addition, the time you gain will allow you to strengthen your economic position and may even allow the value of your home to begin to rise as the overall market improves. There are cases, now coming to fruition, where staving off the foreclosure for a significant period allows the owner to move to quiet title. That means you get the house in the end. But to get from here to there requires a vigorous and intelligent defense. An attorney who takes a monthly fee to fight the foreclosure isn’t automatically doing a bad thing. They will certainly have an incentive to keep you in house for as long as possible. The alternative is to take a retainer and bill hourly. Most attorneys will do either, whatever works for you. But the important point is to find an attorney who fights these cases with knowledge and passion. The banks have totally abdicated their legal and moral authority in many of these cases and rely on your sense of guilt and shame to simply roll over. As good attorneys fight this fight they are slowly educating the courts as to the fraud they often try to impose on the lender and the courts. To protect your home and your legal position as to the outstanding debt you need to defend against this suit. Unquote 172. Any Lawyers or Paralegals in the SE WI area (Racine County) thanks Stan Putra 173. I am a litigation attorney in Virginia. I can handle matters in Virgina state and federal courts and in federal courts in DC. Anyone facing wrongful foreclosure by a non-secured party is encouraged to contact me through my website bryllaw.com 174. Edwina would you have a list of attorneys in California I live in the Central Coast if you do can you forward to me. Thank you! agustini2000c@aol.com 175. What is your email address? The webpage gives errors when I click your name… Why aren’t the names publicized already? I’ve spoken with many attorneys – several from here and believe me – THEY DO NOT GET IT! I’ll gladly contact any “real” lawyer who is willing to fight the fight and WIN. Our case has practically every type of FRAUD – Forgery – wrongful foreclosure – lack of standing – no assignments – broken chain to title – mortgage fraud – securities fraud – collusion – conspiracy to defraud – disclosure fraud – etc… We did not break the law – the lender mutilated it. Our case has fraud from beginning to end. Even the damn foreclosing law firm used “forged signatures and forged notary… I will not compromise/mitigate our case by some bs modification. I want blood from these lying thieves. I have “material evidence” proving EVERYTHING alleged. The FBI is investigating our case because there is so much unbelievable fraud – from footers to final – ALL FRAUDULENT. The mortgage was sold before settlement. Per the PSA – they violated the contract because we did NOT occupy the house until 8 months “AFTER” settlement. They cost us well over 300k in additional expenses – I have proof the builder embezzled 70-116k and the lender KNEW the builder was in financial trouble. Per the PSA – the mortgages were purchased with NO zoning violations – legal U&O Permit – and no pending lawsuits. ALL of the above are violations because the house STILL does NOT meet code. If you have a list of real hardcore – hardworking – knowledgeable attorneys – willing to fight the fight and WIN a very good award – GIVE ME THE NUMBER… I’ll call… We are in Maryland. I already have a forensic handwriting expert who has certified the Trustee’s signatures are FORGED by at least 4-people and the Notary is forged by at least 2-people. I will gladly POST those findings on this website for other Maryland & Virginia families fighting to keep their homes from this law firm. This is a MAJOR foreclosure mill. They foreclosed on over 8000 families last yr in Maryland and over 6000 in Virginia. I am supposed to be getting a call from the local papers to start printing the story… Personally – I really don’t think this will end until folks start realize some will have to take this to the street. Maybe that sounds crazy but I’d rather send money to al Qaeda to deal with these bastards then to waste time waiting for the gov to do something about it. Think about this way – this foreclosure mill throws about 40-families PER DAY into the street. Most are sub-prime loans and they know these folks have no-freaking idea that they signed an illegal loan. YEP – an ILLEGAL LOAN. It is illegal for a lender to allow a borrower to borrower MORE than they can repay. That’s banking 101 – it really is not that hard to figure out. I know someone who’s mortgage was 700-bucks Dec 2009 and jumps to OVER 2-thousand dollars in 2010. Tell me – how many people do you get raises that TRIPLE their income within a few years…? I personally don’t know any unless there was some very rare situation. Nevertheless – it is ILLEGAL for a lender to LEND based upon what a borrower MIGHT earn in a few years. WTF is that about. These judges should use the old-school easy method – mortgage payments for DUMBIES – if someone’s mortgage jumps 50% – the question is very simply – did their income jump 70% – yep – 70% because a 50% jump is CASH – NET INCOME and NOT GROSS INCOME – so they’ll need to earn a considerable amount MORE than the 50% raise to NET the newer amount… oh, but wait, someone will ask but maybe they already earned enough – not hardly – that’s WHY they were given the SUB-PRIME loan to begin with – they COULD NOT AFFORD THE DAMN LOAN… We do NOT fall into that category because our lawsuit concerns OTHER items. Here’s another tidbit – anyone having a sub-prime should scrutinize their loan docs very carefully and MAKE SURE the very-little BOX beside CONVENTIONAL LOAN MORTGAGE is NOT checked. I’d be willing to bet that MOST ARE CHECK as CONVENTIONAL LOANS. This how they were able to get it past underwriting & past the appraiser. It creates a different set of criteria for underwriting and the appraiser… THAT ALONE creates a disclosure issue and is MORTGAGE FRAUD. Every damn judge that sees these loans should automatically order the Deed Released to the homeowner FREE of DEBT – THEN – order the bastards to reimburse the families for ALL payments – expenses, etc. Until people start marching on these courts and foreclosure mills and threaten to drag the liars & thieves outside for a lynching – then I personally don’t think it will go away. Most folks have no idea HOW disgustingly illegal and deliberately schemed to produce MEGA-BUCKS for the Wall Street harlots. How many times have we heard of these CEO’s earning 100s of millions… Our Trust is called CWALT – Alternative Loan Trust 2007-7T2 – and the value on the Instrument is 365-million dollars. I want an attorney with the gonads to go after them and put skid-marks in the judge’s shorts because the JUDGE is ENCOURAGED to TREBLE those damages… I don’t want the money for myself – I want it to create a freaking LEGAL PIT BULL TEAM to rip these freaking foreclosure mills and lender to shreds. I want every freaking nickel they own – including the funds their kids might own. They have no problem throwing out decent hard working American families into the streets – sleeping in cars – living in section-8 housing developments – well – NOW IT IS THEIR TURN to live with the crack-heads and gangs… Just my thoughts… if you know a real attorney with the tenacity of a junk-yard dog – I have the goods to unleash his butt on ALL of the above… Thanks 176. Hi Edwina, Thank you for the offer to send me info. Unfortunantly, I can’t forward you my e-mail address. I get errors. I’ll leave it here and hopefully you can send me the names of lawyers who “get it” in Oregon. rick@ppcbuyshomes.com Thank you, Rick 177. Kevin in Las Vegas What is your local tel# ? 178. David, Send me your email address and I will forward my list of lawyers in the US. “E” 179. Hong, Please forward your email address so I can send you my list. “E” 180. If you need a list of lawyers in your state, lpease forward your email address to me. “E” 181. Rod Kawakami attorney in Washington State who gets it. Seattle, WA 206 682 9932 182. I am STILL waiting for an attorney who gets it in Michigan. Do any exist at all? legofan4@gmail.com 183. Hi, I’m perplexed. I can’t find the list anymore??? I am looking for lawyers who “get it’ in Washington state and Oregon. Any help in finding the list or forwarding the info would be much appreciated. Thank you! Rick 184. I need an attorney to represent me I about to be homeless I am in the central coast in California 93003 zip code here are my e-mails: Please help 185. Hi John McCormick, and kevin (in Colo.), I’d like to connect and share info with you guys. I’m in Vegas, and I’ve left a few comments on some of Neil’s other posts. I have yet to receive a response regarding our situation, which I’ve covered in detail, in the other comments. I’ve researched the NRS 107.080, (it covers the Trustee sales in NV), as well as AB 284, (which AB 284 says, the A.G. has sole jurisdiction involving NRS 107.080). Yesterday I spoke with the Attorney General’s office and, I was told the par. re; lack of proper notice VOIDS a Trustee sale, is just a technicality, (adding, a weak one at that) and they refuse to enforce it. I responded by saying, I believe, in Non-Judicial sales, every requirment set forth therein NRS 107.080 when est. was meant to be strickly!! complied with, in order to protect BOTH the rights Lender as well as the Borrower. Failure to do so shall void the sale. I was told to move on with my life, and asked not to contact their office again. Despite the fact that the Trustee’s Deed states the sale took place at the time set in the N.O.S. or the time properly postoned to. A LIE… the sale took place the day after the date set in the N.O.S. (Trustee postponed the sale, setting the new time to be 2 days later, BUT the sale was held a day early, w/o notice)… I know in some simular stituations, Judges have stated they disagree with the A.G.’s postion on this matter. In that no section, subsection, or par. of a statute is to be constude to mean anything other than what it is intended to mean, (when it is clear as to the intent) or just a technicality. There must be a way, w/o having to come up with a ton of $$up front, to win this fight…. ANYBODY PLEASE GIVE US SOME ASSISTANCE.. Thank You All. Kevin (in NV) 186. After 3yrs have not found ONE lawyer that gets it or even with enough integrity to LEARN what they are doing… I think its time for some good-ole jimmy-jack-jihad on the bastards – shoot the lawyers blow-up the lenders and forget about pretending the courts care about law… The pockets are too deep – the only way to cut-off these leaches is to BURN them with the same tenacity… what goes around comes around… – well, its their-turn… oh, that would be illegal, right? Stealing your house and throwing your family in the streets using illegal loans is something we are supposed to tolerate… I guess that might be too radical for some… anyone know the HAMAS hotline…? 187. To Wade and Nick, Please send your email address to me at ear146@earthlink.net so I can forward my list of lawyers who get it to you. “E” 188. Hans, Please send me your email address so I can forward my list to you. “E” 189. Kevin, Did you recieve my e mail? 190. Michael, Please send me your email address so I can forward the list to you. “E” 191. My situation has changed and I’m overwhelmed with my own case at this time. If you need names of lawyers who get it please send your email address to me and I will send you the list. “E” ear146@earthlink.net 192. Attorney in Washington State who gets it: Rodney Kawakami, 206 682 9932 Seattle, WA 193. John: Wrong email. Should be khenry51@hotmail.com 194. Hello Edwina… I’m wondering on how to get on the list. I am a lawyer who “gets it” in Southern California. I recently purchased Mr. Garfield’s workbook to see his take and I’ve also attended Mr. Pines’ seminars in San Diego. Furthermore, I also practice bankruptcy over here…. I will also be brushing up my skills by attending April Charney’s seminar this March and recently got verbal word from Aurora Dawn Harris herself that she would stretch me further by mentoring me! 195. John: Forgot to ask you, are you in Colorado? I filed my complaint last week, haven’t heard anything back yet. I looked for you on facebook but not sure how to find you since I don’t have a profile there. Would love to compare notes. khenry@hotmail.com 196. Hi Edwina I need a lawyer who “gets it” in So CA – Zip 93301. I have a EMC loan in the 1st month of repayment plan. I know now not to go through with modification. Any help is greatly appreciated. Thank you ! 197. I can’t find my original posting where I was seeking help about our foreclosure so I think it was in the lawyers that get it part of the blog but now I don’t see that heading anymore. ( this site is so helpful and popular that I wish it was designed in an actual forum like format) Anyway the good news, is that I did get help from an ex attorney here on this site and with his help, our lender cancelled our foreclosure sale which was to take place in a few days. He is very knowledge and most of all, did not require an arm and a leg like some of the other people who contacted me but wanted outrageous amounts of money that we do not have. I am not sure what happens next with our lender but I am glad that they thought twice and decided it was in THEIR best interest to cancel the foreclosure sale. Now here’s to fighting back because if we didn’t the sale would have went on as scheduled. Anyway, I am in Atlanta but he is located in south Carolina so I don’t if he can help someone in every state but if you are interested in his contact info, just email me and I will send it to you. Thanks so much for this site!!! vital@gmx.com 198. I now take time to thank everyone who has contributed to this effort. So far, this has been the most interesting and engaging project that I have ever commenced. Thank you all for your continued support! 199. A well-informed Homeowner has more chance to win. FREE FORECLOSURE DEFENSE MATERIAL & PLEADING SAMPLES E-Mail me at ocean11@the-beach.net For South Florida, I know an experienced and affordable Foreclosure Defense attorney : D. Graham Esq. 305-445-9185 200. Hi I don’t think my other post posted I need a lawyer that GETS IT in NC! 201. I am looking for an attorney to represent me in Hawaii. Can you recommend anybody? Thankyou, Michael 202. I need a commercial lawyer who knows how to fight the banks and lenders and GETS It, in Georgia. Any suggestions? I have numerous commercial loans. 203. I am seeking any legal council here in California how “Gets It” I don’t care where they are located out here as I want to speak to every attorney who gets it and find one that I feel can handle my cases. Edwina please send me a list of all attorneys here in California.. I am sending you a personal email requesting the same. Thank you, Rick 204. John: Understood, no advice given or taken. Now then, I went to facebook but am not really sure how to find you. I had never been ther before. I’d like to hear the rest of the story. Are you in CO., NV. or where? 205. Kevin, Since I am not an attorney and am acting pro se I cannot tell you to do anything. I cannot and will not advise. On the other hand I will tell you exactly what I did. I filed a case in December and then filed an amended case in February. I entered a Lis Pendens at the county recorders office. I then sent a copy of the case to all defendants with a waiver request. I have downloaded and printed a copy of the Local Rules of Fed Procedure and am in the process of obtaining a copy of an annotated copy of the Fed Rules. I did this to help me avoid upsetting the court with my less than adequate knowledge of local procedure. I already was chastised by the court for not submitting a list of interested parties. So far I have received nine of eleven return receipts back from the PO. I have not received any waivers back but believe that the defendants will need time to consult their legal staff. My profile and email is on Facebook. Las Vegas 206. John: Filed in US District Court For The District Of Colorado Are you saying file a lis pendens to notify the county trustee to halt the sale? 207. Kevin http://en.wikipedia.org/wiki/Lis_pendens Fed or state? 208. Has anyone found a lawyer who gets it in NH? Urgently needed!! 209. need a attorney thats gets it for new jersey ..us 3rd district court 210. Hi Edwina, I’m in need of a Lawyer who gets it in California, 91910 – 92173. Thanks 211. Got a quick question for a guru out there. I just pulled the trigger by filing suit (non-judicial) on Friday but am kind of hung up and the serice of process. First, I’m not sure if I should serve the “lenders” attorney since they have already started the foreclosure or do I need to serve Bank of New York Mellon as trustee for certificateholders, etc etc etc. and others? And whoever it is I need to serve, can I do a waiver of service to save the fee AND if I do go with waiver of service, and they now have 60 days to answer, is everything (the foreclosure) put on hold while I wait for an answer? Also, how do I notify the county trustee to stay the sale? 212. 95401 213. Please send your zip code so I can send names in your area. “E” 214. zip code 95401 215. I don’t know California well enough to send names. Please send Zip code. “E” 216. Please send me your zip code so I can send names in your area 217. Please send a list of Attorneys that get it in northern CA, the zip is 95401. Thanks in advance, Sherry 218. Gentlemen: I am sick of hearing that we need a lawyer, we need a lawyer To tell you the truth more and more deals are coming on the market I would rather walk away from my upside down house knowing that I had gotten screwed by the lender rather than add some greedy attorney with vasoline. People are barely surviving now. How can we possibly produce thousands of$$s in fees these lawyers want? Stanley Putra Racine, Wi. 219. Hi, I need a lawyer who “get’s it” San Diego County or Orange County … zip code of my home is 91914. I have an administrative process and tort claim in damages for over$3,000,000.00.

220. WELLS FARGO IS STEALING MY FAMILY’S HOME.I’M IN A FIRST TIME HOME BUYERS PROGRAM TROUGH THE CITY OF SIMI VALLEY CA. BEEN MAKING ALL MY PAYMENTS . THEN I WAS FORCED TO GO ONTO DISABILITY IN OCT 2007 .ABOUT 2 WEEKS AFTER THAT MY WIFE PASSED AWAY SUDDENLY ON NOV 2 2007.I REQUESTED A LOAN MODIFICATION THROUGH WELLS FARGO SENT IN ALL THE PAPER WORK AND THEY QUALIFIED ME .AFTER ABOUT 5 MONTHS OF MAKING MY PAYMENTS WELLS FARGO BEGAN TO PLAY GAMES BY CLAIMING THEY HADN’T RECEIVED INFORMATION , WHICH THEY HAD BECAUSE I SENT IT BY CERTIFIED MAIL A COUPLE TIMES.THEN IN THE PAST 3 MONTHS THEY WOULD ASK FOR THE SAME INFORMATION I HAD JUST SENT THEM. THEIR GOAL WAS TO PRETEND THAT I DIDN’T GET THEM THE INFOMATION TO THEM SO ID HAVE TO RE QUALIFY . SO NOW THEY SAY I HAVE TO COME UP WITH JUST OVER $13,000 BY JUNE 1 ST OR FORE CLOSER WILL START. THIS WAS THEIR ONLY INTENT WAS TAKING OUR HOME . I’M DISABLED DUE TO 3 TRAUMA ACCIDENTS OVER THE YEARS , THIS THEY KNOW . I HAVE APPLIED FOR SOCIAL SECURITY DISABILITY (PERMANENT).BUT I AM WAITING . WHEN THEY STEAL OUR HOME IN JUNE MY KIDS AND I WILL BE ON THE STREETS .ANYWAYS I DON’T EXPECT ANY ONE TO HELP US . BUT I AM WRITING THIS TO ADD TO ALL MY CORESPONDENTS WITH WELLS FARGO HOME MORTGAGE AND ALL THE CERTIFIED MAIL I HAVE SENT THEM AND THE LETTERS I HAVE RECEIVED AND WILL MAIL ALL PAPER WORK TO TO MAJOR NEWS PAPERS TO DRAW ATTENTION TO THE PRACTICES OF WELLS FARGO HOME MORTGAGE . DESPERATE MEN TAKE DESPERATE ACTIONS . AND WHAT I’M GOING TO CARRY OUT WILL BRING ATTENTION TO ALL THE NATIONS NEWS CASTS . I’M IN CHRONIC PAIN , LOST MY WIFE . I HAVE NOTHING TO LOSE. Wade V Byrum 221. I worked with Thomas Minotti in the Mid-Hudson Valley in New York State. http://www.hudsonvalleyhope.com – (845) 691-9600 222. I took it to court three year now, then I hire a lawyer five months ago that did noting for me but put me in the line of fire, I am one step from wining and taking on these high pay lawyer In ten day I go to court right now it dose not look good because my lawyer didn’t do her job and she withheld informant from me. That why you need to listen. what I am trying say is never give up and if I lose we all lose and hope every thing works out for every one that here. But one thing I will tell you with all the support and comment s that I had in last three year from people from our county state, want say thank you all. And for the last I hope to god a miracles happen and to those who believe in them. Thank you Nick Alameda ca : 94501 Note: I say this with respect two all lawyer because I no there is a lots of good ones, that why were here but there is always bad ones to that are just done the as the other? 223. If you send me your state and zip code, I will check my lists (all 50 states) and send you those nearest you. “E” 224. need advise Add sender to ContactsTo: xxxx” < I spoke to you on the phone today about 3;00.pm requesting copies of the Motion for Summary Judgement filed by Argent, and Interrogatories and all Motion to Compell. I told you I need this ASAP so I can respond and file with the court on time you said that you will scaned them tonite that why I call you back to see if I can pick them up at your home. you are aware time is running out you have already put me were it can cost my case as my attorney you have made this case harder for me you have done noting you said you were going to do from the beging or the court told you to do and you have insult me from the beging and while I was working for you and to put these remarks about Debbie that had noting to do with any thing in this matter you were way out of line you should have known better as attorney that is unprofessional. It is now 10.00 pm. 225. Mr. Garfield I need any suggestions My Attorney send this email today motion for summary judgment is scheduled for hearing on February 10, 2010. As I already informed you, I am unable to oppose the motion 1) the causes of action as plead while you were representing yourself have no merit, Now this because I didn’t let Argent go and take the$7000 they were willing to give that she said I can give to her.
Note: Me and my girlfriend been fighting this case starting 2007 and file on time with the court and doing a good job going on three years. I hire a attorney in May 2009 give her $3,500 has not provide any she agreed to or done as require by he court or file on time after the first week she told me going withdraw from my case because I was not donig what she want to do and I did have a phone number where you can be reached my phone was off due to hard ship. Also me and my girl friend agreed to work for her filing and work on her house two days after we hire she had a fall out with my girl friend because she didn’t do what she wanted her do my girl friend did the best she could do. Around that time we were not getting along and to top it off my attorney didn’t her be involve in my case or have anything do with it and kick out of my house she was more worry about her than my case and as my attorney how can she say the thing in her email as you will read she has done noting but put me in the line of fire and trail is due this March One more thing I received a letter from the class action settlement involving Ameriquest and Argent and today I call the administrators and she told me I was in class one and five I need any suggestions please read the last email so you can read about how ruled she is Wednesday, January 27, 2010 9:00 AM From: To: “‘Nick Ramirez'” <nick.ramirez80@yahoo.com Nick, When we spoke on the phone earlier today, you agreed to put in writing your decision to accept Argent’s settlement offer. (Provided, of course, that the offer was still on the table.) Once again, I am totally perplexed by your email, which includes numerous conditions on the settlement that we never discussed. This appears to be yet another example of how you agree to follow my legal advice and/or authorize me to act on your behalf, only to later change your mind. I have already explained that it is difficult for me to conclude anything other than that you did not intend to follow through with your decision from the beginning. Fortunately, you (and Debbie) provided me with the unexpressed conditions before I contacted Argent regarding acceptance of the offer. After receiving your email, I do not intend to contact Argent and try to re-open negotiation at the 11th hour after Argent already indicated that it was the final offer. Responding to each condition separately: 1. An “admission” by Argent that the Deed of Trust is forged is essentially worthless. What I suggested is proposing that Argent stipulate to allow you to amend your complaint to add a cause of action for declaratory relief. Basically, you request that the Judge make a ruling that the signature is forged. You would need to submit enough evidence to convince the judge to so rule. As I explained, this is important because it would force the current owner of your mortgage to pursue judicial foreclosure, without you having to initiate legal action to get an injunction against them. 2. Again, Argent cannot declare anything about the validity of the Deed. It requires a judicial declaration. I also do not understand why you and Debbie believe a distinction between void and voidable has any legal relevance. 3. You are now attempting to add a substantial amount of money to Argent’s offer by demanding all fees associated with the loan. I believe the mediator made it very clear that Argent was not willing to offer a higher amount. Furthermore, the mediator reiterated what I had already explained to you: Argent is confident that they will win their motion for summary judgment, meaning the case will be dismissed without any money judgment against Argent. Argent’s offer, as both the mediator and I explained, is based on the costs and attorney fees that Argent would incur in bringing the motion and completing discovery. 4. This also was never discussed in our phone conversation, and also attempts to add (presumably) significant amounts to the offer by Argent. Again, Argent made it clear during mediation that their offer was the highest they were willing to go. Even if Argent were willing to pay fees as part of its settlement offer, I should also add that it is only appropriate for you to ask for attorney fees that you actually paid. I will also point out again that your apparent belief that you are entitled to completely wipe out your mortgage AND reap tens of thousands of dollars in damages is not supported by any legal theory. RE: Validity of Forged Deed of Trust I have discussed this issue with you numerous times, so I am just providing you with the basics, not the detailed explanation I have provided in the past. As I explained above, if the Deed of Trust is forged, the entity who owns the loan would not be able to use non-judicial foreclosure process because without a valid deed of trust they do not have the power of sale. Even if the deed of trust is declared invalid as a forgery, it does not mean that you do not owe money to the current owner of the loan. The present owner would, however, have to use the judicial process to foreclose. Basically, the bank would go to court and ask the judge to give them an equitable lien for the amount that you still owe on the loan, then get the judge’s approval to sell the house in order to pay the amount owing. The basic premise is this: even if the deed of trust is forged, you received a substantial benefit (large loan that paid off your previous mortgage plus$60,000 cash), and you shouldn’t be allowed a huge windfall by not being required to pay the money back.

I have previously discussed several strategies with you. If the new owner tries to foreclosure judicially, you can counterclaim for any wrongdoing on the part of the new owner; any damages you win may offset the amount you owe the bank. (Keep in mind that since you have not given me the notice you received regarding transfer of your mortgage, I cannot be more specific about potential claims or liability of the new owner of the promissory note.) As I also pointed out, if through discovery you find that that the promissory note was also forged, the bank may be able to foreclose or get any monetary award. I have also suggested bankruptcy as a potential option; in a Chapter 13 reorganization, the loan is unsecured and would be paid off in full after completion of 3-5 year repayment plan. Unfortunately, you need to have an income to qualify for a chapter 13. Although you initially seemed to be open to considering these and other options, you eventually rejected my legal advice. I trust you understand how frustrating it is to hear that you trust information you read on the internet over my legal advice.
RE: Future Communications
First let me be frank: I am well aware that Debbie, not you, wrote the email. I am really losing patience with you and Debbie continuing to try to insult my intelligence by pretending otherwise. I have already advised you of the loss of attorney-client privilege, but if you choose to give up the confidentiality by sharing emails with Debbie, there is nothing I can do to stop you. As I also explained, however, you continue to put me in an untenable ethical dilemma when I know that someone other than my client is attempting to make decisions about the case by masquerading via your email address.
I also want to point out the irony in your request for me to communicate via email: You have not been responding to me emails despite your promises to check your email daily.
During the mediation session, which was preceded by yet another extended period of non-communication on your part, I indicated that I had no choice but to seek to withdraw from your case. I continued on as counsel of record only because you agreed to accept Argent’s settlement offer.
When you withdrew authorization to accept the settlement, and then refused to respond by phone or email, I scheduled a motion to be relieved as counsel. The hearing is scheduled for February 19, 2010 at 2:30 p.m. in Dept. 516, and you will receive notice in the mail.
Unfortunately, the motion for summary judgment is scheduled for hearing on February 10, 2010. As I already informed you, I am unable to oppose the motion because 1) the causes of action as plead while you were representing yourself have no merit, and 2) you have failed to pay the money promised to obtain evidence to support your claims, including having a mortgage audit conducted, and 3) you still have not provided the documents you promised to deliver months ago. This is not the first time that I have informed you of my belief that Argent will win their motion and be dismissed from the case. Although it makes no sense to me, you are certainly free to give up $7500 and disregard my advice based on your own analysis of the strength of your case. xxxxxxx From: Nick Ramirez [mailto:nick.ramirez80@yahoo.com] Sent: Tuesday, January 26, 2010 3:32 PM To Subject: Fw: RE: signature As I stated on the phone today, I would be willing to settle my case with Argent Mortgage Company, only if Argent agrees to the following terms. 1. Argent must admit that my signature on the Deed of Trust, loan application and all loan documents pertaining to this loan is forged. 2. That the Deed of Trust be considered void (not voidable) and invalid. (this is very important) 3. Argent must refund to me all fees that I was charged in association with this loan including but not limited to the Pre-Payment Penalty with interest. Amount to be determined. 4. Argent must pay all attorney fees associated with this case. You stated to me on the phone that by Argent admitting to the forgery, the Deed would be invalid, and whoever currently holds the note could not foreclose. My understaning is that only a judge can declare a Deed void. Please confirm this. I would prefer that we communicate via e-mail, so that I am clear on what we discussed and what I am agreeing to. Also, I am requesting that I be copied on any communications that you have with Argents attorneys. Thank you, Nick Ramirez From: Nick Ramirez Subject: RE: signature To: ” Date: Tuesday, December 22, 2009, 6:24 AM xxxxx I will not take the offer from Argent Attorney. Give me a call or email will be checking let no what next or if there any thing I can do for you Thanks for the advice and good job at the meeting. If I don’t hear from you before the end of the week hope you have a Merry Christmas Nick Ramirez Flag this message RE: Please call me about my case Tuesday, August 18, 2009 5:51 PM From: “nick ramirez” View contact details To: Cc: “nick ramirez” xxxx I would like you to read this letter with an open mind. The reason I am sending you this e-mail is so you can have an understanding about what I am feeling prior to us talking on the phone. This way you will know where I am coming from and we can go on from there. I want to start out by saying that I do understand your frustration. But when we first met you did not want hear what I had to say and you said I talk to much so you and Debbie did all the talking I told you at that time that on one know these documents the way I do and at that time. I did have all of the documents in order in the two books were I spent many days looking over and found all the forged documents and the over charges with the money . Also the letters from Argent Mortgage, and ACC Capitol Holdings Company a parent company of, Argent Mortgage in response to my complaint who also conduct a formal investigation alleging that the signatures on loan documents did not match and were forged. In there letters response to there finding that the signatures appear to be similar to my signature on my I.D. and Social Security Card and confirms that after a thorough investigation that there was no evidence of wrong doing. The investigations done by Argent Mortgage and ACC Capitol Holdings were unfair, misleading Also all the letters from Pinnacle Financial Attorney were misleading ,all long with AMC Argent Mortgage. xxxxxI can go on there is so much more we have all the documents to prove that why I don’t understand were we are at. I want to tell you that I am frustrated as well. Hopefully after you read this we can come to some sort of understanding As you know, this case is very important to me. I have worked hard my whole life. I was able to buy a home where I raised my boys and I have put my sweat and tears into my home. When I got hurt in 2005 everything changed. I was unable to work to make a living for myself and my kids, so when I met Shelly Poe she was the answer to my prayers. So I thought. I put my trust into her and that turned out to be the biggest mistake of my life. She took advantage of that trust and with the help of Argent Mortgage Company put me in a situation that was bound to fail. My signature was forged on legal documents. That is a crime. There is so much more that I think you should know, but you have never taken the time to sit down and really listen to what I have to say. I have spent many sleepless nights over this. For the past two years, we have been very careful to do what we were supposed to do, and turn in papers to the court on time. I understand that without a law degree we could only go so far, and that is why I hired you. To take us the rest of the way. I need to know that you are on my side and that I can trust you. This is why I am so concerned about you not complying with the judges request for a updated status report. I understand that we have had a hard time communicating with each other, but you could of still filed the letter. I believe I did my part by paying the money that was order by the court . Also the days I work for you, I did the best job I can and more even your friends told you how good of a job I did and wanted my number and done other work for you walking your dogs when I took them I took care of them like if there were mind they are two good dogs I fell in love with them. Also going to city to city filing court documents making on time before it was to close driving fast putting self on the line this why I expect the same from you, which brings me to the second part of my letter. I am very upset about the way you have been treating me. I have come to your house numerous times and worked very hard to please you. The way you talk to me is degrading and I will not tolerate any longer. You are constantly yelling at me. For example, F word like I did soming to you or any thing you don’t like ,what am I doing that is so bad , when I left your house the last time I was there before I left to go to file the court pagers you started yelling at me with the F word and actually told me to “Run, boy, Run can you boy make with only ½ hour before the court close Then called you from the court house and told you that there was nobody here, you started yelling at me using the F word and told me to “Run, boy, Run”to the side of the court house were I was lucky that a court clerks took the court pagers as she was going home. I have never in my life had anyone speak to me the way you do. On more than one occasion, you had me rush out there, only to wait for hours for you to finish a document. My time is just as valuable as yours. Also, if I ask you to explain something to me, instead of explaining it again, you yell tell me that you don’t have time to go over anything twice and that I should of listened the first time. This is not rational behavior. I have always treated you with respect and I expect the same treatment from you. You have no right to raise your voice at me or degrade You are supposed to make things easier for me, not make me feel like I am going to lose. I have always been so confident in what I am fighting for until I hired you. It seems you are trying to break my spirt. This will not happen. I am going to win this case because I have what it takes, and I need you, as my lawyer to believe that. Lastly I would like to talk about Debbie. you what I am dealing it is OS hard and to top it off with all of this I am about break . She has been by my side through this whole thing. We live together We might have our differences but I have always been able to depend on her and count on her to a point . We have made it this far together, and you even said that you were impressed by how far we have gotten. For me to blindly turn everything over to you and not be able to have her input has been very hard. It is unfair for you to give me that ultimatum. I am not saying that you have to work with her or even talk to her, but I don’t want you to put down her efforts or expect me not to discuss anything with her. Like I said at the beginning. I hope you read this letter with an open mind and that we can move forward. I hired you because I know that you are very smart and you sounded as passionate as I am about putting a stop to these lenders. Please xxxx I ask you help Thank you for taking the time to read my letter. I will be waiting for your call. Nick Ramirez . 226. Please I need a Foreclosure defense attorney expert in TILA and Federal/state laws here in Connecticut to counsel a group a homeowners victims of predatory lenders please reply you can even call me 203 345 1148 227. Washington, D.C.: Jamison Taylor 202 997 3802 Alexandria: Chris Brown 703 924 0224 Arlington: David Schurtz 703 528 4433 228. I have no one in Denver. I have Colorado Springs, zip 80903 and Greenwood Villiage, zip 80111. Let me know which is best for you. “E” 229. I have no one in Oakland or San Jose. San Francisco: Scott Georing 415 285 7738 Michael Rooney 415 533 0282 San Mateo 650 320 1747 230. May live on the streets in Oakland send me an email deontos dot is @ g mail dot com 231. I need at attorney that gets it in the 94607 area code or anywhere in the San Francisco/San Jose California area. thanks 232. Please tell me where to find an attorney who gets it. Our house was foreclosed upon we are being evicted and have 2 months to move. I’ve received a notice in the mail stating that we were members in a class action suit against or mortgagor,, so how can we stop the evictions and go to court to have them prove that they are the true owners.. Please help!! ASAP. 233. To Whom It May Concern: I have a very good case in 750,000 range with invilvrmrnt of title insurance liability and malfeasance. I also have two referrals for a good lawyer in the D.C. Area. {lease contact thru email if you know of a good foreclosure attorney in D.C. area. Thanks 234. i need a lawyer for the greater d.c. area -involves a title insurance liability; hoepa and predatory lending-750,000 amount-property in dc; closed with md title co.-this is a good case. solidand very obvious liabilty and title company liability and fraud. 235. Am fighting forclosure in Bankruuptcy. Really need an attorney who gets it in Denver Colorado area. Please help. Thanks, Bruce at 307-354-6227 236. Kevin, kevin, on January 11th, 2010 at 5:36 pm Said: Have a foreclosure notice that reads: XXXXXXXXetc “The trustee for a bank that holds certificates”? Is being a trustee for a bank that holds a certificate issued against the value of a note the same as owning (or holding) the note? Does the bank own all of the certificates issued against that trust? Is your note tied to those certificates or did they pull that ##”s out of the air. Do they have a copy of the prospectus for the issue? how many certificates were issued? Etc etc etc. 237. No guarantees in SC that Parker will take your case (ultimately up to the lawyer on the ground) but He “gets it” 238. Steve is an alumni of our seminar and has had some success in CO from what we understand, no guarantees but he and Sara are worth talking to in CO 239. Edwina, Thanks for the referral in CO. How are you familiar with Mr. Brunette? 240. I have one in SC: A. Parker Barnes Beaufort 843 522 2600 241. Wisconson: Milton Emmerson 414 447 1444 Theresa Uncror, Kevin Benjamin 312 853 3100 242. Colorado: Stephan Brunette 719 634 7878 Jeff Lyon, Sara Mobley 303 488 3415 243. Does anyone know a good Foreclosure Defense lawyer in SC. I am in Default but not in Foreclosure yet on a Small Low income Apartment complex in Jackson,SC. My email is Pattu_99@yahoo.com and phone is 719-321-4353 Thanks Pat Balan 244. I am looking for the Statute pertaining to curtesy loans in Wisconsin. Need to find where is says they can give residential loans in this state and still have to obey the federal and state TILA, Reg Z ect. I am told they can give up to 5 loans without having to give TILA…. 245. Need to talk to a lawyer in Colorado who “gets it” when it comes to the Mila, Countrywide, BoA, BONY Mellon connection and who could legally foreclose o my house. 246. Lorie, Try these links some detailed info: The Real Size of the Bailout X_http://motherjones.com/politics/2010/01/real-size-bailout-treasury-fed Behind The Real Size of the Bailout X_http://motherjones.com/politics/2009/12/behind-real-size-bailout The$700 Billion Bailout Plan’s Fine Print
X_http://motherjones.com/politics/2008/09/700-billion-bailout-plans-fine-print

247. Can ANYONE HELP? I need Any and All News Art. or Gov. Docs that show how much in bailout funds was received by Homeq servicing and or Deutsch Bank. Their Attorney stated in a TRO hearing that the bank was hurting financial because we were not making payments or they were not receiving any funds on our loan. Please email me at- kalvenone@yahoo.com with any news articals or government docs that show how much they received in funds for bailouts or TARP funds? Need for court “Thursday”.
Thanks,
Lorie

248. Sorry, my last post should have read “person IN interest” not “persom OF interest” this isn’t a muder investigation!

249. Have a foreclosure notice that reads:

Current Holder of Evidence of Debt: The Bank of New York Mellon FKA Thr Bank of New York As Trustee for the Certificateholder CWALT, Inc. Alternative Loan Trust 2005-J12 Mortgage Pass-Through Certificates, Series 2005-J12

According to the County Trustee, they show The Bank of New York Mellon as the owner of the mortgage. I had never heard of them or been given notice of a transfer or assignment to them before this notice arrived. I was paying Countrywide until Bank of America took them over and then started paying BoA.
Who is the real person of interest in this matter and is there some sort of fraud or mis-payment going on here? This is in CO. if there is an attorney that “gets it” out this way.

250. To Whom It may Concern; I have a very good case that opens up to attorney being paid by Title Insurance/or errors and omissions staute in Wash. D.C.-Ioan email you the docs; also predatory lending evidenceis solid. Pls resond if you are also in the northern Va. area or Maryland.
Thanks

251. To Mary re find a lawyer in Florida:

Scott Fistel is a lawyer in Florida who gets it. He practices all over Florida. He’s been a speaker at Neil Garfield’s seminars. He’s also listed under “Find a lawyer who gets it”. His phone: (954) 522-1212 (877) 347-8355.

252. Hi

I am in need of a great lawyer in South Jersey/Phila area. My mortgage servicer is accusating me of Fraud, and will not modify my current mortgage.
I need a lawyer that Get’s It.
Thank you.
JM

253. Mary,
Call Dillon Graham Esq 305-445-9185. He is a lawyer “who gets it” and his fee is reasonable. Free one hour consultation. He is familiar with Neil Garfield concept.

254. Wyoming:
No one in Wyoming on my list. Name some other states nearby and your zip, then I’ll send you listings that I have.
“E”

255. Massachussetts:
Seth Bostock Exeter Carol Molloy 603 772 2400
Craig Donals Manchester 603 624 7100
Carol Malloy Lynnville 931 527 3603
Glen Russell Jr Fall River 508 324 4545

256. Hello out there,
This site is awsome does anyone know of an attorney group who could help me. I am in Wyoming. I’ve been in this forclosure defense battle for a year now. Have been keeping them at by and in a position to default them but things get slipper with the judge with out an attorney. Please Help. 307-354-6227

257. Ann & Mary,

Carmen Dellutri Esq, is a male.

BTW, just a heads up, the Dellutri Group has a policy against taking on a foreclosure case if bankruptcy has been filed.

258. Mary,
Call Carmen Dellutri Esq. at 239-937-0900. I read her blog and it looks like she knows Foreclosure Defense.
Check her out at
http://www.floridabankruptcylawyerblog.com/2009/03/sarasota_judge_cancels_foreclo_1.html
Good luck.

259. What state are you in and what is your zip code?
“E”

260. Need lawyer who gets it in Sarasota County. I need help fast!

261. Can you please provide a list of lawyers who get it in Massachusetts?

262. Texas listings:
George Gore Sugar Land 877 408 3328
Billy Price Dallas 214 696 9601
David Torok Friendswood 281 317 8666
James Giuffre Houston 713 739 7900

263. Beverly Hills: Stephan King, 310 598 6703
I posted some L.A. listings above.
“E”

264. Refered by Tom McFadden and Shawn Rice. Need a attorney in Texas who can help me with sueing CountryWide and possibly sue the county that I live in for a forced eviction and foreclosure.

265. Need skilled, competent CA San Francisco Bay Area foreclosure atty who “gets” IndyMac-OneWestBank-DeutscheBank’s evasive or incompetent strategies. Or someone who has dealt with NDeX, the legal firm who is now the trustee for OWB, etc. and has patent-pending on their foreclosure software “machine.”

We applied for loan mod as soon as we were allowed and waited 3+ months for loan mod to be denied, while the lender filed foreclosure and set auction. All our money is in our equity, which is considerable.

Thanks for any personal experience recommendations.

266. Re Bander law firm: I will delete them but need to know what state they are in ?!?
“E”

267. I don’t know counties in CA. Please send your zip code, then I can respond.
“E”

268. forgot a phone number, 951-676-5032

269. need a, got it lawyer, in riverside county california area, i live in temecula. have mears deed. wife lost job. need asap

270. BANDER LAW FIRM should be removed from the list of lawyers that “get it”. According to complaints and a suit filed against them they simply take clients money on loan mods and do nothing. Apparently these are lawyers that “take it”.

271. NYC: The closest I have is Brooklyn.
Jay Fleischman 646 733 8649 ext 704

272. Houston, Texas: James Giuffre 713 739 7900

273. I know an attorney who gets it very well in New
York City: Farrel Donald Esq. 347-278-2509

274. I have a predatory commercial property loan in Houston, TX and the lender is Bayview Loan Servicing LLC. The lender is in based Miami, FL. I spoke with an awesome attorney in Miami who reviewed the promissiory note and states Bayview has violated numeros RESPA and TILA laws. This attorney could not represent me because she does not have a license to practice in Texas. Please help me!. I am not behind in payments and after several months they have tried to modify the loan. What a joke that was since they will not remove the prepayment penality. I have done lots of paper work in regards to this predatory loan on my own. I would like an attorney to to represent me and rescind this loan. Thank you

275. Los Angeles:
Bander Law Firm 213 873 4333
Joe Inuberable 213 251 5477
Douglas Kappler 310 277 7400
Noberto Reyes 213 382 6600
Ronald Rutiz 310 573 9210

276. I have a list of lawyers that get it in 50 states.
Edwina Restaino

277. Can you give me the name of an attorney that gets it in Texas?

278. Hi still looking for a lawyer that “gets it” in Los Angeles area.

Thanks-Paul

279. My Florida Foreclosure Defense Lawyer is Mr. Dillon Graham Esq. Tel 305-445-9185. He is the “Lawyer who gets it” and his fee is affordable. He is defending my home and he is doing excellent job. I did a lot of research, read many manuals including Niel. Garfield’s. I was ready to defend my house pro se then I found him. He is a very experienced litigator at Circuit Court, Appeal Court and Federal Court. He attended many foreclosure defense seminars and he is familiar with Foreclosure Defense strategies. He will give you 1 hour free consultation.

280. Hi there,

I am not an attorney, but I have helped homeowners in the past avoid foreclosure by negotiating a workout with their lenders. I know that a lot has changed and have done some extensive research on forensic audit and feel that it is the best option for homeowners in todays climate. I see that you offer workshops for attorneys and homeowners. Are you offering workshops to other individuals who are helping and wanting to help make a difference such as myself? If so, please forward me more information…Thank you

281. Could you please send me a list of attorneys in Washington state who get it.

Thank you Neil.

Carl

282. I live in Seattle, WA. Would like to just delay as long as possible the foreclosure. We don’t have judicial foreclosures here, so not sure “produce the note” defense works. Any help with lawyers in Washington state would help.

Thanks, Karen
206-396-4486

283. Need attorney who gets it in Saint Louis MO. foreclosure date in two weeks. So far no luck finding one who gets it. HELP!
keodmo@hotmail.com

284. I have a list of lawyers across the US. – 36 in some states, 3 in others, etc… If it’s a large state, let me know if it’s S.E, N.W., etc

285. Are there attorneys with knowledge of this available in CO, please advise? My foreclosure already occurred a few years ago. Is there any hope that it can be undone or sue for damages?

720-338-3118

286. I am currently woring with my mortgage servicer on a loan mod .. like many I’m being squeezed by declining income (-40%+) .. I am in the Orlando area and my mortgage was through Option One which went bk a while back .. I have sent the servicer AHMSI a QWR that they haven’t responded to about assignments and such .. the loan originated 01/2007 and the records at the county level show no assignments (not even to the company that bought Option Ones assetts??) Option One was selling into the CMO/CDO market at that time and I was a decent borrower ,, good income , borrowing at 70% ltv , 30yr at 6.5% …

Bottom line ,, I need a lawyer in ORLANDO that “gets it” .. the only one listed in your file has a POBox not a real street address and a GMAIL e:mail.. Any recommendations? I am struggling here .. have been 2 to 3 weeks late for months ,, can’t get caught up.. please e:mail BTRACY6@CFL.RR.COM

287. Linda, the number you gave me 941 377 9930 is for a lawyer in Sarasota, I was looking for Tampa

288. Does anyone know an attorney who “gets it” in the Florida Panhandle – preferably Panama City Florida ??

289. My testimonial to Scott Fistel, the lawyer who gets it:

After struggling pro se for a year to save my home from foreclosure, I reached out for the competent cutting edge help that is available to me, right here at Neil Garfield’s livinglies. Thank you Neil, for supplying the link Find A Lawyer That “Gets It”. I am happy to share with you all that the link led me to Scott Fistel, the lawyer “who gets it” and who is now working with me on my foreclosure defense. Scott and his team advocate my cause as if it was their own… with a tailor made foreclosure defense that suits me and my specific needs. Thanks to Scott and his team, I am hopeful again that justice will prevail and my home will be saved.

MG in Miami, Florida

290. I would like a recommendation for an attorney in southeast Michigan. I found out today the bank sold my home a week ago with no notice to me – no letters, no calls, no communication to NACA, no F/C attorney letters – nothing. And it was in the middle of a loan modification!

291. Mira, I work with an attorney in the Tampa area–941 377 9930

292. Mary, I live in Sarasota and can give some advice and possible attorney to work with–377-9930

293. Cannot pull up any master list of the 150 attornies who “get it”

clicked on the link, only got the blogs

help

294. Can someone explain in plain english what Item (2) below means.

This is from the Maryland State Courts and Judicial Proceedings
Title 11. Judgments
Subtitle 5. Execution
§ 11-504. Execution of judgment; items excluded

The following items are exempt from execution on a judgment:
(1) Wearing apparel, books, tools, instruments, or appliances, in an amount not to exceed $5,000 in value necessary for the practice of any trade or profession except those kept for sale, lease, or barter. (2) Money payable in the event of sickness, accident, injury, or death of any person, including compensation for loss of future earnings. This exemption includes but is not limited to money payable on account of judgments, arbitrations, compromises, insurance, benefits, compensation, and relief. Disability income benefits are not exempt if the judgment is for necessities contracted for after the disability is incurred. 295. I have been embroiled in a predatory loan case for a while now. Borrowers only spoke spanish, broker forged all of the loan application docs, they had good credit but got an “adjustable” rate loan at 11.3%, with a minimum rate of 7.75% – which means the rate will never go below that, and paid out$17k plus for broker fees. Dragged to federal court by the banks and then then bludgeoned us to death with motions to dismiss and an MSJ before discovery ever started! Judge held that equitable tolling shouldn’t apply because borrowers were “on notice” when they sought a loan mod in Jan 2008. Now we’re headed back to state court to argue rescission by fraud. I’ve been arguing that broker is original lender’s agent and therefore liable for the forgeries/fraud. Anyone out there with similar litigation let me know or feel free to contact me for research collaboration. huprichlaw@gmail.com

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.

297. Heidi Duffy, I’m here is las vegas and would like to hear the outcome of your situation. Corvin@cox.net

298. I just wanted to know who compiles the list of Attorneys in your network, as I contacted one today and he sent me the rudest reply I have ever received. He stated the following:

“I don’t know Timothy mccandless. I don’t know you. I don’t work with people I don’t know. I would appreciate it if you wouldn’t fill space in my inbox.”

I surely would not entrust my case with such a person. I was merely looking to retain someone for a cllient, and stated I found his name on this site.

Wow!

299. I am looking for an attorney in Sarasota, FLorida, or in a city nearby who can help me with my foreclosure. THE lender lost the note. I was served with foreclosure papers back in March 2009, but I filed an answer. Now the lender is trying to get a summary judgment.

300. I am looking for an attorney in Southern California who knows about the RESPA & TILA laws. I would like to get someone in the San Fernando Valley. Please help!

301. Need a lawyer or law firm in Tampa Bay area who has a winning record to help with filing a law suit against lender and avoid foreclosure and eviction

302. I live in N.J. I am looking for someone who can help me with foreclosure proceedings, a sheriff sale is scheduled for October 6th. Anyone in the NY, NJ, PA or Delaware area will be helpful.My email address is ear146@earthlink.net .
My phone number is 732 657 6993.
Thank you,
Edwina Restaino

303. I am looking for an Attorney for the Fresno, CA area for repersentation on my Complaint for Fraud, Deceit, and wrongful foreclosure case. Deutsch Bank Never filed a NOTICE OF DEFAULT and the Notice of Trustee sale was given on my door (pourch) the day of the sale and filed with the recorders office the day of the sale. I have to cases going, Unlawful Detainer and the complaint listed above. Beutsch Stoled our house, We never had the chance to cure the default, no amount, no notice to us or public is recorder or was given. HELP! I have done the paper work but do not know how to present it… Help…

304. Need to find a attorney here in the state of Washington. I live about 15 miles North of Vancouver, Washington. I’ve had two interviews with real estate attorney’s, however cannot find anyone to challenge BOA in court. I am 4 months delinquent with my mortgage, and want BOA to produce the note. Do you know of anyone in Washington that can help me? Sincerely, C. Rhodes

305. I live in N.J. and need a lawyer who can defend against foreclosure.
My phone number is 732 657 6993.
Any help is appreciated.
Thank you
“E”

306. I live in N.J. and need a lawyer who can defend against foreclosures.

307. Why is it that we, as taxpayers, can bail these jerks out, but they cannot give an inkling to work with any of us to keep our homes? So my children and grandchildren have to pay for the rediculous greed that is going on in this country and/or the house that their parents/grandparents lost due to it? What is that? Can I get a refund? I have worked my ass off to help support myself and my family and the reason I mention grandchildren is because I am 28 years old. I am not looking for a handout but damnit, I have lost my job in order to fight for my home, and struggle everyday to look for a new one! The unemployment rate here is 12.8%! Where’s my bailout?!? All I wanted from the start was a fair shot and when it came down to the nitty gritty, I was outright ignored. So was NACA (Neighborhood Assistance Corporation of America). And NACA has contracts with all of these big mortgage companies now! How can these mortgage companies do that? I was dealing with Option One who became American Home Mortgage Servicing, Inc. Funny though, neither one of them was the company that foreclosed on me. I was foreclosed on by Rose Mortgage (now defunked) and MERS. Is that even legal? Supposedly the property was bought or invested by Wells Fargo…who knows how they have anything to do with it, whether it be that AHMSI was the servicer and Wells Fargo was the investor. However, I know for a fact that, in this state, it is illegal for an auctioneer not to step on your front lawn, announce the auction being open, and announce the starting bid. THAT DID NOT HAPPEN! WE WERE HERE AND NO ONE ELSE WAS ON THE SO-CALLED AUCTION DATE! What do we do? We are in RI. We are working with local politicians, authorities, Kelly L. Hansen, Wells Fargo legal, and Wells Fargo executive communications…and still the offer this BS of a refinance of a foreclosed property. I thought that the word RESCIND meant to UNDO. Undo what, Wells Fargo? We were even looking into buying an RV as a backup plan and we cannot even get approved for a secured loan of that sort! Is WF serious??? We have never had any dealing with them up until the point of foreclosure so what is the issue? Why can’t they have their investor just reinstate the loan and give us a decent interest rate??? Honestly, what do they expect and what can we do about it? My phone number is 401-269-9629. Thank you all!

308. Ok, so, Wells Fargo foreclosed on us over a year ago and this past July, they agreed to rescind the foreclosure, based on us getting alternative financing, since they stated that they no longer wanted anything to do with us. However, they neglected to take the foreclosure off the table. Well, hello, smartie! You cannot refinance a foreclosed property! What the hell are we supposed to do now? They gave us a 45 day limit to come up with this and the ending date for that was September 4, 2009. Any suggestions? Oh, and the lawyer we have on it now has a motion to withdraw on September 28, 2009 because, basically, he has no idea what he is doing. I have 2 small children, am vested in the local school department, am in RI, and have no idea what to do next. Please help! How can they make an offer like this without taking the foreclosure off the credit reports? All we asked for from the beginning was a restructure of the terms and, not only did they deny us, but they outright ignored us! Is that unlawful and/or in bad faith? The offer and/or the denial? Please…any suggestions?!? Thank you all so much.

309. I have a loan with One West Bank(previously known as Indy Mac). They told me that they will postpone my sale date and work with my modification. I called today 9/15/09 to see if there is a postpone. They told me I have a sale date on 9/18/2009. I persuaded them to give me some time but they said they just can’t do it. I need some help since I have my dad with me who just got paralized due to the CVA stroke.
Ph: 510-2535103

310. Seeking LA based atorneys who has attended the seminar and has been trained by Neil and/or Brad for landlord-tenant cases. Thanks -Jason

311. I am generating leads for individuals desiring loan modifications, short sales, or who would like to stay in the property as long as possible by fighting and delaying the foreclosure, then fighting and delaying the eviction. It is my understanding that fighting eviction can allow residents of foreclosed properties in certain states to remain indefinitely. Please email me if you would like to work with me in assisting the borrowers who will go into default because of finances or the negative equity in their home.

312. TNT101

I forgot to provide my contact number. 925-980-3625

I am prepared to pay for the audit of the loan papers and will start litigation work if there is cause for Action to recind the mortgage. Mortgage modification is not my objective. I am not looking for free representation. But I will not accept legal representation without references that have been succesful that I can talk to and confirm. Must be have an office in the EAST Bay, SF California area.

313. East Bay (SF area) Attorney wanted

Want an audit completed on QWR response from Wachovia. Need work to start once the docs arrive in about 20 days.

May 2006 I refinanced with World Savings on a home purchase in Dec 2004 with World Savings. I have stopped payments as of June 15th 2009, working but not enough to pay $4,100 monthly payments. Refi was a variable rate loan 6.4% COS I and Pick-a-Pay. With$11,700 monthly income was given approval based on first year minimum payment of $3,300. Unpaid interest was added to starting principle. after 3 years deferred interest is now$70,000 added to the initial $900,000. Don’t know how I was qualified for this loan. It is impossible to pay with depressed value of the home, down$350,000 from the estimated value of $1,300,000 on the loan documents. I have all the closing documents. Including the deed. I am looking to interview attorneys to see what legal action I can take. Wachovia has offered a mortgage modification that is almost the exact same thing as the last loan. Start interest only at$3,400 per month and yearly increase this for 5 years by $200 a month/per year. Then in year 6 increase by an additional$1,000 per month. This is again an impossible loan. How can they even offer this when they know my income is now less than it was in 2006?

314. OK I recently attended the Garfield workshop and heard Neil and Brad Keiser speak. They also had a gentleman on the program who spoke and detailed his story how he had succeeded in getting his house free and clear. Pro Se I might add! HELLO people this stuff actually works if you work it.

Now Neil will be the first to tell you that you should be represented by competent local counsel some of us have to go Pro Se or we’ll Get no say. Either way if you are anywhere within a days drive of San Diego and you are in foreclosure I highly recommend that you find a way to get to the seminar. It is well worth the money.

315. I didnt include my email address as a means of contacting me… heididuffy@gmail.com
Thank you Las Vegas, Henderson and all struggling through this deception to innocent homeowners!

316. I have enlisted the help of a VERY WISE paralegal using Garfields approach and I have also copied the attys that “get it” in the state of Nevada. I am a single mother earning minimum wage and tips with a disabled child on SSI and have been viciously been “duped” by predatory lending twice…first in the purchase of my home and second in the refinance 1 yr later of said home. My home is on the auction block again and this time they have only given me a week to respond! The value of my home in Clark County Nevada has decreased by 63% minimum, I am scared , alone, and have no one to that truly understands my dilemma…am I to live with my child and our dogs in my car? These Lenders have also destroyed my perfect credit rating and exhausted my healthy savings account as I have been trying to keep my home. Anyone out there in Las Vegas or Henderson Nevada going through this too that I can Network with?Any and all comments and encouragement would be welcomed. Sincerely, thank you.
H.Duffy

317. and now im pro se in Federal court and im still looking for council, theres hardly any federal cases pending, power to You Bill Eason.

318. I have about 25 plus tax clients that need a lawyer or
lawyers in San Diego that have taken your seminar.

They want foreclosure defense attorney. So they can sue the lender. Show me the note!

Thank you,

Gil

319. Mr Garfield I am please to let you know I have litigated the foreclosure proceedure on my property for more than 2 years, at this point I am in dispute in regard to Motion to Compel Discovery, since the Judge have order a Stay, the bank has filed a motion in oppopsition and the case is pending the decision by the Judge, also I have an Appeal pending….in case this did not wotk out, I have filed a Law suit to the bank and they are running away from me…I believed they can not comply with the evidence of the title or note, If you kindly give me some information in respect to follow up the Motion to Compel Discovery I will appreciate and who knows I may be another winner. Thank you for your kindness

320. I need a foreclosure defense attorney for my home that I own as a rental property. The proceeding of the foreclosure will start around 7/7/09. I need a lawyer in Atlanta, GA. I don’t know if I fall under the TILA law because I don’t know if it applies to an investment property. I may also need a mortgage fraud examiner expert to see if I have violations. I don’t know if I can file first in the county clerks office and make them produce the note “the bank lender” promissory note in order to delay the foreclosure.

I don’t have alot of time please call me:

404-397-8437

321. so im at the cease and desist stage, filed a BK 13 still no response from Indymac or trustee who is the owner in due course say they have the note (indymac) but not produced it…at this point i will have to try pro se unless i find an atty that gets iyt, for heavens sake who will be my attourney here in arizona the ones ive talked to toook a lot of money to say “you need a loan mod” well we all know thats the second fraud….HELP THIS IS IMPORTANT WORK

322. Our legal aid office told us since our case is starting from scratch they can’t continue to help us get a fair modification. They have come to court with us 2x’s for settlement hearings. When my lawyer found an assignment loophole she told us basically they were not taking on new cases and this would be like a new case. I find this not to be fair but can we find another legal aid attorney to help us or do they have to be in the same jurisdiction?

323. Need a good Lawyer in Northern Va. I was baited & switched, defrauded, and had numbers switched at a closing on a locked-in re-fi commitment letter. House was foreclosed as I was in talks with JPmorgan. Never received a UD summons yet. They offered “cash for keys”, I laughed at the offer. Now they are offering me a forebearance agreement. After foreclosure? I think they are in Big Trouble and I need a good lawyer and I have all the proof to get these “rats”! Please help. thks.

324. Carla,

I also live in the Dallas area and am in need of someone in the area familiar with this. Have you been able to find anyone? I would love to exchange information about our situations. We have 4 children, one who is autistic and times are tough for us also. My heart goes out to you for taking care of your uncle – I work with the elderly in the mental health area in long-term care settings. I would love to hear from you.
God bless you!

325. I need an attorney who can practice law in Arkansas–my house in on a sheriff’s sale–Linda

326. On 3/20/09 a property that I owned in Montgomery, Alabama was foreclosed on, despite my best efforts to work out a loan modification with M&T Bank, who was the company I was sending my payments to. During the course of the process, Iwas told that the mtg. was actually owned by Wells Fargo and Deutsche Bank. the paper work that I got from their attorney said that HSBC was the owner of the note. When I spoke with the assessor’s office, I came to find that Pinnacle Finance, who was the company i orginally got the loan from was still listed as the mtg co. M&T never transferred the deed. Can I do anything?

327. Re: finding an attorney in any state. Start with your legal aid office even if you don’t think you qualify for free assistance. They should know who is doing real debtor defense in bankruptcies (which often involve real property foreclosures). The legal aid attorneys and bk attorneys will know who is up on foreclosure law. This is a relatively new area developing out of the economic melt down. In my state, it’s mostly bankruptcy attorneys who are leading the way w/helping the rest of us master securitized loans, the mtg and note traveling together thruout purported assignments, etc. There is \$ to be made by lawyers here, so they are catching on. It’s not legal rocket science, so the #s will be growing.

328. I am facing forclosure and I have a strong lawsuit against the lender for fraud and TILA’s violation. I need an attorney to represent me. Please contact me at
718-360-9337 Mr. Jean

329. Hi,
Attorney Garfield, I am in the Atlanta, Georgia area. I would like to know if I get a group of at least 10 attorneys who want you to teach them in the area of foreclosures, would you consider coming down here? When is the earliest you could come? Please let me know as soon as possible. ( One of the attorneys has ” my stuff”. ) My phone number is 678-887-6411 if you would like to call me. Thank you very much, and hope to hear from you soon… However you wish to correspond. Thanks again…..

330. I need some help!! There was not even one laywer in Michigan that knows about this or get it?? I am now a single mother of three that was laid off and no longer have a job!! Please respone anyone that knows a laywer in Michigan that gets it.

331. Hi, Is there a list of lawerys in Texas that understand everyting you are doing? I am in North Texas near Dallas and was wondering if there was one in my area? You sure have a lot of wonderful stuff and I have just sent my first dispute letter and awaiting a reply. Thank you for all you are doing. I am currently withoug pay for several months now and trying to hold on to my home as I also take care of my 89 year old special needs Uncle on Oxygen. Times are tough right now and I pray for everyone who is in this crisis. Blessings to you.
Carla Michele

332. Wow you would think that the list of Lawyers that Get It in Texas and Michigan would be at least as long as California and Florida…..How about Illinois?….maybe Neil and Brad need to do a seminar in the midwest to see if they can scare some up…..