Are Some Courts Aiding Foreclosure Crimes?
August 24, 2011
It appears the foreclosure circus has planted its tent firmly in the soil of El Paso, Texas. Earlier this year, El Paso foreclosure defense attorney, Richard Roman, cleanly won an eviction case against Chase Bank (French v. Chase). When Chase refused to pay the attorney fees, Roman obtained an Abstract of Judgment and after threatening to foreclose on the bank’s furniture, the humiliated Chase paid Roman his legal fees. Case closed.
But the carnival didn’t stop there. Named in a separate suit filed by attorney Roman (and rightly so), was a foreclosure-mill attorney Selim Taherzadeh, of Brice, Vander Linder & Wernick, P.C. located in Dallas, Texas. The suit was seeking relief for Roman’s client, Armando Gaytan, a man suffering with polio who was simply seeking to speak to someone about a loan modification, until he started receiving acceleration and demand letters from attorney Taherzadeh and his firm.
In May, 2011, the Court held a hearing on the matter, but Mr. Taherzadeh neglected to show up. A clear case of legal malpractice. The Court rightfully entered a default judgment in favor of the plaintiff and awarded Mr. Gaytan $9,403.02. Another Abstract of Judgment was processed.
The records reflect the efforts Mr. Taherzadeh undertook to dodge legal service from the courts. He was finally served and now has decided to retaliate. After an apparent stint of court shopping, evidently he found a new judge to not only vacate the default judgment, but awarded sanctions against the homeowner’s attorney, Mr. Roman. The judge found Gaytan’s case frivolous, without merit, and merely an attempt to harass, annoy and aggravate the opposing side. Oh really?
We have compiled the Gaytan-related documents into one file and includes an email between Roman and the Dallas foreclosure-mill.
In another foreclosure case (Marquez v. Bank of America), Mr. Roman, who is also the former judge of El Paso’s 346th District Court, has sued Bank of America and intends to subpoena its CEO, Bryan Moynihan. Roman filed a motion seeking a court-appointed white-collar criminal investigation firm to perform investigative services related to the Bank of America matter and MERS. The motion was file-stamped, however, it does not appear on the courthouse clerk's website. Why not? Where is it?