Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
NotaProSe
I've followed the post here for quite some time.  The one thing that stands out on most all threads is the advice to seek legal counsel from an attorney who specializes in foreclosure law.  When I received a notice of default and intent to accelerate on my home loan I hired an attorney!  I got the firm's name from a reputable source.  I understand these cases can take years with periods of inactivity but I'm growing concerned with the lack of communication I'm getting from my lawyer.  In over a year I've met with them only 3 times in person and briefly spoke over the phone about as much.  I've requested a status update a couple of times through email with little to sometimes no response. 

Does anyone have some online links or a checklist reference I could use to evaluate the service I'm receiving?  Are there "warning" signs of when an attorney isn't working in your best interest? I don't know what is normal and what isn't.

The last update I received about 4 months ago was a settlement offer that is now in negotiation between counsels (I think) . 

Thank you for any tips you can give me!


Quote 0 0
It took me two attorneys.... I hired one attorney at first (I researched for many months before I was served) I had an answer printed out (that I put together) , etc... But I disregarded what I had, so he could answer, he also put a motion to dismiss. Come to find out today, he didn't ask for attorney fees in any of his motions. But I looked back at my Pro Se motions and I found out that I was going to ask about attorney fees (the ones I disregared).

Next, after going pro se for some time. I did my own discovery. After that, I hired another attorney. The only thing this firm did was a motion for a MERS Tracking.... Didn't put a motion to Compell or anything else in reference to my discovery nor did they ask for the MERS tracking answer either.....

Went Pro Se again....Next a pre trial hearing.... The Plaintiff dismissed the case....

Hired a Lawyer again to make a settlement with Plaintiff (new principal and interest)... New lawyer said to just sit back and see if they refile... He doesn't think so. Because of all of the motions I filed (Pro Se)....

I showed up in a confrence room everything I had in a small brief case.. By the time it was time to leave the WHOLE table was filled with everything I had.

To make a Long,Long,Long story short. I was offered a job..

So the moral to this story is;;;; "Educate yourself before you hire an attorney."  Make sure he is on the same page you are on.... Don't let someone take your money and say "I got this covered." Go through this forum before you hire anyone.... There are many years worth in this forum... I look back at what I was asking and what I have learned here and I can say to myself, "Thank God" I stuck with this forum....

Just learn...So you know what you want, and that you know what your attorney is going to file... You need to know this so you can hire the best attorney for your case and an attorney who "GET'S IT".....

I am not saying to do your case Pro Se at all... What I am saying is to find an attorney who knows what he/she is doing. It's your home and you want to save it...

Before you hire an attorney, Please ask questions here. There are a lot of people here that can (believe it or not) answer questions that some attorneys you speak to can't...

"JUST ASK"
Quote 0 0
Bill
NotaProSe,
   You would really need to provide more information about your situation like are you in a Judicial or Non-Judicial state, have you been served foreclosure papers, do you have a court date pending, do you have a sale pending?  If you give some basic information I'm sure a lot of the members would be able to share some of their thoughts.

My first thought is go to the courthouse and see what is filed so you know where your at. 

http://www.stayinmyhome.com/blog/?p=603

This article is worth reading if you are considering some kind of modification agreement. 
Quote 0 0
NotaProSe
To both replies -- thank you! 
For more specifics:
Bill:  Non-Judicial state, yes served foreclosure papers,  a court date set 3 times and postponed,  had sale(s) pending but withdrawn each time-- now in negotiation for a settlement I'm told.  My situation is about the same as everyone else living this nightmare except my note was never in MERS but it was recently put into a trust series between foreclosure notices! 
Hope that helps with getting advice about the attorney concerns.

again thank you

Quote 0 0
Meg
I have hired several Attorney's for different reasons and for every Attorney that does their job well, there is nine that do not.
 
In my opinion, a good Attorney is someone who you talk with and you are both on the same page regarding the outcome you are looking to achieve. An Attorney who is willing to go the extra mile to work for you and will appeal any decisions not in your favor.
 
Someone who address's your email's in a reasonable amount of time, or at the very least have one of the staff answer. (If it is something they would be able to explain)
 
Sends you all the paperwork that is being filed via email, so you know what is going on in your case. Alerts you of any changes in your case, without you having to ask.
 
Someone who listens to your concerns and also knows to tell you to relax. Someone who treats you with respect.
Quote 0 0
Quote

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:

  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?
  5. 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?
  6. How would they rate themselves in proficiency in motion practice, discovery, trial, cross examination?
  7. Can you get references from other clients?
  8. Will they litigate to win or just delay the proceedings?
  9. 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?
  10. What do they think of the financial bailout to Wall Street?
  11. 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?
  12. 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?
  13. How much do they charge and how do they charge (by the hour, monthly, contingency fee, costs, expenses).
  14. 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).
  15. Will you be provided with copies of all correspondence and notes to file?
  16. Will you have telephone access tot he attorney? How often? For how long?
  17. 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.
  18. Foreclosure Defense takes long time to resolve. It is better not to give attorneys all money upfront. Try to negotiate a payment plan .
  19. Read carefully the Retainer Agreement. Better yet, take it home and read it carefully before sign it.
  20. Interview at least 10 attorneys before hiring one. Go to the court house and check out how many foreclosure defense cases the attorney wins in the last 2 years.
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.
Unquote
Quote 0 0
Write a reply...