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.
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Margaret
Still on my journey to find an attorney who get's it. Talked to two that were talking modifications with me. The mortgage servicer already nixed my request for that already....Next!!

One that said he should be able to help me, let him know when I'm served.....by the way there is a 3g retainer fee to start. He seemed to be a good attorney, but when I questioned if he would be representing me and what am I looking at as a total price....ball park figure, he never responded. I'm not in foreclosure because I am rolling in dough.....LOL I'm not looking for a referral either.....Next!!

Asked one person that had a web site I was looking at last night if he could recommend someone and he said why yes, this attorney is a friend of mine, I will tell him to expect your call tomorrow. I could not find anything on this attorney.....Next!!

I think I might have found "the" one....I'm hoping anyway. I'm going to speak with her next week.

If I cannot find an attorney who I believe knows what is going on, it will be me fighting on my own. I'm not going to waste my money on an attorney who knows less than I do on the situation and then I loss my home and several grand to boot.

My husband had a good way to look at this situation. It is like a mechanic....yes you went to school to learn how to work on cars, but things are constantly changing. If your going to continue working on cars you need to stay up to date on these changes.

During my life I have hired a few attorneys and to be honest, out of the three I have hired only one I would say was OK. I had to even call the BAR association to get one of the attorneys to return my calls.

I just wanted to give an update....and maybe my posts will help someone else along the way. If this attorney holds up to my intense interview, I'll update.

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The Equitable One
You've probably already thought of this but 2 things you can do:

1) Go to the clerk's office and review other foreclosure cases. If you find one with good pleadings by an attorney representing a borrower/defendant, particularly in a case that won, he/she is probably worth talking to.

2) Ask those you interview if they have won any cases, and if so, ask if you can review the pleadings.

Otherwise, good luck. finding competent and knowledgeable counsel is difficult.

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Hi,
If you are in South Florida, call my lawyer Mr. Dillion Graham at 305-445-9185 I was about to defense my case pro-se until I found him. He is defending my foreclosure case and he is doing excellent job. He is Trial Lawyer Circuit Court, Appelate Court and Federal Court He also went to several Foreclosure Defense Seminars including April Charney Seminar. (He lend me the Seminars material to read). He is familiar with  Lost Note, MERS, Indy, PSA, Mortgage assignment, Wall Street trust problemetc. Check Mr. Graham credential at http://www.floridabar.org member seach, http://www.avvo.com  and his website http://www.foreclosurelawmiami.com . He will give you 1 hour free consultation. Call him and e-mail me at ocean11@the-beach.net if you need more info about foreclosure resource.
Good luck.

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Margaret

Thanks for the suggestions.

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Sara
(((Margaret)))

Yes, many of us have been through this same ordeal. 

Do a search on Markana (Markie) Smith.  She is one who can tell you more...

S
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Margaret
Thanks for the hugs Sara, I think I am going to need a lot of them in the coming months.

What really upsets me is people who are complaining about people purchasing homes they could not afford or living beyond their means and now they want a free ride. Not all of us fall into the category.

That is the case in what I believe to be a small percentage of cases, but there are more cases of people losing their jobs or suffering some sort of health problems and they have been put in a situation by these crooks that they will never be able to continue paying their mortgage in the long term.

 Honestly my home is small, not worth very much and needs work. I probably should run to the hills and let them take the house. The problem is I have been in this house almost ten years and I have lot's of good memories in this house.

In my case I am partially disabled since 2003. I do not collect a dime from Social Security or any other entity. I continue to work PT from home, which allows me to be able to work as much or as little as I am able.

 My husband suffered an injury at work that has required two surgeries and now his work does not want to take him back.

So these are the facts in my case. Not to justify my case, but to explain to people that not all people who default on their mortgage are living the high life.

The people like that irk me just as much as they do others. I have seen citizens in my town go to city hall meetings and claim they have no money. Here are some real comments made.

* I'll have to sell my boat
* I'll have to sell some of my investement property
* I'll have to go back to work






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Margaret
ANN - I contacted your attorney & he sounds perfect. Just what I was looking for. Thank you so much I'm so happy I am crying...LOL

I had an appointment with another attorney this afternoon that I thought would be a good fit; however she sent me bankruptcy paperwork. I sent an email that I was looking for foreclosure defense, not bankruptcy & she never got back to me.

Mr. Graham got back to me before the appointment with her, so I canceled the appointment.

I feel like a weight has been lifted off my shoulders. Mr. Graham assured me he would handle the case as if it was his own home. Thank God there are still attorneys out there who will help the little people.


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Margaret
Update on the foreclosure workshop. It was a group of local attorneys, three of them from the same law group. At one point the lady said there was other attorneys there to help and they did not seem to like that. I would imagine they get a lot of business at these workshops.

They were answering questions for homeowners. They were talking modifications and bankruptcy. Nothing that I did not know already.

One thing I thought was pretty rude....the attorney mentioned that one of the judges in our county refers to us as dirt bags......he said it in a joking manner, but I did not think it was funny. He said that the judges do not want to even hear our defense. That's nice to know.




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I talked with Mr Graham last week, and it was such a pleasure. Got the distinct impression that he works hard for the homeowners.  Said that he is a disciple of April Charney, and I say AMEN!!!!  You are in good hands, Margaret!
Best wishes!!
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Margaret,
Mr. Graham and I have a copy of the famous Omnibus Motion to Dismiss. I bought it and gave it to him to use. I follow my Foreclosure case very closely and I e-mail him all the information , news, court decisions related to Foreclosure Defense I find on the Internet and newspaper. He always returns
my calls and reply to my e-mail. E-mail me at ocean11@the-beach.net and I will e-mail you some Foreclosure Defense Seminars materials.
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Ann,

Have you seen any cases in reference to the Omnibus Motion? If so where do they stand and what is involved in these motions? Have any been won yet?
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I have a folder of information that I was going to hand over to the attorney that handles my case. I have made it very easy to follow, with sticky notes of what each paper is.

Many of the papers are articles that I thought pertained to my case. I also added the letter from IndyMac's VP telling me they cannot modify my home because there not the owners of the loan. Yet, they sent me a letter two weeks later saying they are going to start foreclosure proceedings. So, you can't modify the loan, but you can foreclose....uhhuh...

Only other person listed is MERS and they have no legal standing, so I think it looks good. I was just praying for an attorney who understands what is going on. Mr. Graham seems to be that attorney. The search was not easy, but I think I can rest a little easier now knowing I have someone in my corner.

Ann you can email me anything you think would help

Thank You to everyone for commenting!!


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The Omnibus Motion to Dismiss is a 5 pages Motion to Dismiss with 25 pages of Memorandum of Points and Authorities in Support of Defendants Motion to Dismiss. The Memorandum has about 100 of case laws covering almost all Affirmative Defenses including the Mortgage Securization and Services defense. The Purchase agreements has  a disclosure restriction so I can't post it on the net. Personally,  I think it worths its price, specially the case laws research part that can be used throughout the Foreclosure Defense lawsuit. My attorney hasn't used it yet . You can have your attorney call the author R. Kessler , a Yale educated lawyer at 941-924-5608 to ask for more details. My attorney Mr. Graham 305-445-9185 talked to him before we ordered it.
By the way, there is a website for free legal service http://www.avvo.com . Check it out.
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           SOME TIPS ABOUT HIRING A LAWYER
            ----------------------------------- 

Many people e-mail me asking about how to select a good Foreclosure Defense Lawyer. Here are some tips. Any other ideas will be very appreciated.


1. Make sure that the attorney went to Foreclosure Defense Seminar. Ask him to name some affirmative Defensesi.e Respa, Tila, Hud , PSA, mortgage trust etc.
2. Never give an Attorney a big lum sum to defend your case. One attorney took $5000 from my sister and then his license was suspended for using trust money for personal purposes. Never heard from him since. Another attorney took $6500 from my friend and just file a lousy Answer without any Affirmative Defenses then nothing else. The friend lost the house and the money.
3. Give him a small payment at the begining, then a monthly payment you can afford as long as he keeps you in your house. No other fees. This will give him motivation to fight your case for you. Believe me, many good Foreclosure Defense Lawyers accept this agreement.
4. Make sure that in the Lawyer Retainer Agreement it is stipulate that you can cancel your Agreement and stop making payment anytime. Ask the attorney for his e-mail and send your questions by e-mails so you have a written records of them. Fax copy of your e-mails to his office if he ignores your e-mails and keep the fax covers in the your file.
5. Create a file for your case. Make a written summary of your case with all your info and the Bank info and update it as the lawsuit goes along. Give a copy to your lawyer to make sure he knows your case i.e how long did you try to work out a loan modification etc. Remember you know the details of your case by heart but your lawyer has 50 cases to handle. He can’t remember everything.
6. Don’t just hand your case to your lawyer and forget about it. Go online and go to the Court House to check on your file at lease 2 times a week. I check mine Everyday to see what documents being filed and by who. Request your lawyer to e-mail you his pleadings for your approval before he files them. Insist to go to hearing with him and bring your family with you so the Judge can see the people who will suffer from his/her decisions. Meet him early at the Court house at hearing date and review all details with him.
7. Pay a Court reporter to document the hearing to prepare ground for Appeal. Appelate Court won’t hear your case if there is no documented hearings by Court Reporter. The fact that the hearing are recorded will make the Judge and the bank lawyer be careful what they say. If the Bank lawyer lies, you can File a Motion to Sanction him for Fraud to the Court or Uncleaned hands. If the Judge denies your Motion, ask him nicely can he explain swhy he denies it for records.
8. Educate yourself about Foreclosure. Read the Civil Rules and Procedures of your State so you can be familiar with the Court Procedures. Go to the Court House and read at least 100 foreclosure cases so you can see how other lawyers handles their cases. They are public records. Sit in the Court room at Foreclosure proceeding to familiar yourself with how the foreclosure being proceeded. The Court proceeding is public. Do online or library reseach related to your case and e-mail them to your attorney.
9. Try to understand the Foreclosure process , read all posts in Livinglives. Joint an online Foreclosure Defense Support group so you won’t feel alone in the battle. Go to http://www.avvo.com to see how lawyers reply to questions.

10. Make sure the attorney files correct Motion to Dismiss; Answer with Affirmative Defenses and Jury Trial demand and appropriate Requests for Production, Admissions, Interrogatories to Lenders, Broker and all party of interest. If he does not do so, ask him why in writing. He may have other strategies. If he does not give you adequate explanation, take your case to another attorney for second opinion and change attorney if needed. We go to Doctor for a second opinion before surgery, why can’t we do so to defend our home. Attorneys usually give you one hour free consultation.

You can file a complaint to the local Lawyer Bar Association if you feel you are not being correctly treated by any attorney. You may even be able to get your money back from The Attorney Recovery Fund. For more info and free Foreclosure Defense Manual, e-mail me at ocean11@the-beach.net.

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Hiring an attorney is a good way to fight off foreclosure. With them involved the mortgage company, actually the local attorney, knows they will be in a fight. A good position for the consumer to be in.

Litigation is not a walk in the park. it is hard work with lots of research. Some may be up for the challenge but others need more than picking up complaints on the internet.

We also don't need bad decisions coming down because a pro se decided to do this themselves to save money.

Most foreclosure attorneys are interested in consumer protection or consumer rights and will work with you by putting you on a monthly payment plan you can afford.
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Margaret
I agree Bella there is a lot of work involved.

I know I put together a pretty impressive folder for my attorney, thus hopefully saving him some work.

I know my case is very strong simply because the servicer told me they don't have the right to modify since the note is owned by investors, which would also go hand in hand with being able to foreclose. Only other player is MERS and they cannot foreclose either...a few other points also that are between me & attorney, but I know my case is solid and I gave him all the information to win the case, plus some.

If he cannot win with what I gave him....something is seriously, seriously wrong with our judical system.
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are u kidding me

have you ever really wondered why the majority of society seems to be stuck in poverty forever? well lets see here minimum wage is about $9/hr roughly minimum wage for an attorney though is $150/hr that's the lowest too. combine this controlled dilema that appears to be a coercive tactic forcing the public to seek the services of attorneys with the judiciary's lack of enthusiasm for upholding justice and disrespect for the rule of law and the answer is clear my friends, these stuck-up briefcase jockies have been depended on and spoiled for way too long, do you know how much power we would all have if we abandoned consumerism, refused to pay taxes, boycotted the use of public and commercial services and starved the economy short for executive con of monopoly? this so called economy opperates as a blood pool oasis that the vampires which are the rich, powerful and lazy sip from like a martini, the green olive represents money. the liquid in this martini is made up of our blood sweat and tears from struggling to survive. we need to stop letting them juice us and force them to sober up, even though there is a constitutional amendment that declares involuntary servitude unlawful there is still a generally well excepted phrase called "cost of living" that leaves the public with the impression that if we want to live we have to pay money the only generally excepted method of obtaining money is to work. so in short the government and other corporate yahoos that make more money in a year than you will make in a lifetime all from sitting around criticizing us and telling us how to live, says hey if you wanna live you gotta work, aint that some bull$#%!       

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Margaret
I would have to concur with your statement "are you kidding me."

I work above minimum wage, but not by much. I hope to change that soon though. I make my clients rich, so why not use those skills to my benefit. 

As far as attorneys I think it is probably the only profession that can get away with supbar service and get away with it for the most part. Out of the three attorneys I have dealt with in the past two were really awful. There is one that I would say actually did his job, but I think he could have done better. What ever happened to people getting into a profession to help people?

So far Attorney Graham has been very responsive with my emails and I believe in my heart of hearts that he is someone that cares. I hope so anyway...I would have tried to go with my case on my own being that I did so much research, but the judges that have vowed to uphold the law in my county are breaking these vows. My only hope was to find an attorney that I felt had the knowledge to handle my case and will fight for me. Unfortunately, many do not have that option.

I believe in Karma firmly; I have seen the power of Karma first hand. Many a person that has crossed my path got what they had coming to them eventually. If my negative thoughts on a person can have that powerful of an affect, I am sure my positive Karma will lead to positive things occuring to those that have helped me.

Sooner or later you have to answer to a higher authority.

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The problem with the power structure is that it forces people into debt slavery punishes success and rewards failure. The FED/IRS allows the banks to use our money as theirs backed with taxpayer dollars. We can now see that clearly with the bailout taxpayers covering the fictitious losses of the banks, but the fact is that processs has been occurring  since 1913 when the FED was formed.  The banks now get a double bonus of getting even richer off the expanded government spending they and the politicians dupe the public into thinking they need in times of crises rather than fixing the economic fundamentals and letting job and investment recover. It's not really fair we should HAVE to work the rest of our lives if we are responsible, make wise decisions and get ahead, because we need to keep paying into the debt based system. We get punished through taxes for working more and saving more.

The Constitution mandates hard money policy, limited government and low taxes, it's a Marxist principle to redistribute assets and that makes it very difficult for the middle class to grow and keep the fruits of their labor and very easy to slide by with no responsibilities or self sufficiency and worse yet be rewarded for criminal behavior both white collar crime and social crime of forcing others to take care of you when you are able to take care of yourself. The progressive tax rate, interest based loans to the masses, social services,  liberal v conservative argument are  the tools used by the elites to label the middle class as rich and get the poor to attack them leaving a handful of super-rich ruling of a vast majority or dirt poor. 

During the Bolshevik revolution they killed off or imprisoned the ruling class and then proceeded to kill off, imprison or strip the assets of the middle class and it caused mass starvation and social chaos. Who financed, orchestrated and profited from the "peoples" revolution in Russia, wealthy Wall street investors in N.Y. and overseas connections they same people who have gained from the U.S. economic meltdown and will further gain from a bogus "peoples" revolution in the U.S. demanding fair treatment for the poor. Lets just have fair treatment period and the rule of law instead of financing the present and forcing future generations to pay for our mistakes and artificially elevated standard of living.

If you read Ayn Rands Atlas shrugged the rich (honest, productive rich) revolt against  lower class jealousy and theft of their assets by not working.

The issue here is crime, manipulation, other peoples money and government granted monopolies not necessarily greed or having to much because the productive, successful people are necessary  and we all benefit from them.

The people who lost their life savings, investments, vacation homes, boats etc. due to the economic meltdown are certainly on our side, they lost more not less and they have a pattern of success that makes it more likely to get results in the fight against msfraud.

There are plenty of genuine reasons to be angry at the economic meltdown, and outraged at the rigged legal justice system but it's just plain divisive and self destructive to say only the poor deserve to recover their assets or get justice and it's just plain wrong.

Lets not forget the scheme of GSE's Fannie and Freddie "helping" millions get homes, about half the U.S. loans over the last decade have been government sponsored, coupled with FED policy designed to stimulate growth and investment, and  reapel of the Glass-Stegal allowing insurance companies, commercial banks and investment banks to pool OUR money and use it as theirs and create a bogus economic collapse while keeping trillions in ill gotten gains caused this collapse.

The best solution is to write down the bogus losses, recover the assets and return the money to those it was stolen from and put the economy on a solid savings based system with low or no taxes.

I believe we should end the FED/IRS which is the primary tool for stripping the U.S. of assets and transferring them along with our jobs overseas and has been since the day it was formed to fund WWI and socialism behind the public's back, outside of the law.

Instead or fighting the myriad of problems caused by a debt based, consumer driven, redistributive economy like putting a million band-aids on a cancer patient just end the primary problem. Will the world still have problems yes of course because everyone in the world outside of Iran has become adapted to survive in a debt based system.

 So we have three basic options escape debt slavery, keep debt slavery and contain Iran's opposition to the international bankers and military industrial complex , or blow up Iran and implement worldwide debt slavery.

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    It troubles me greatly to have to report that most of the lawyers I have
ever met where either crooked, incompetent or both. The only way to protect yourself from these imbeciles and crooks is to educate yourself
before you talk to one. There are many good self help books written by
competent lawyers on almost any legal topic there is.
    Also, at law libraries, there are books written for lawyers which explain
to them how to do certain things. GO TO THE LAW LIBRARY AND STUDY THESE BOOKS BEFORE YOU TALK TO A LAWYER.
    Most lawyers are pompous asses who consider you, the client, to be a
complete idiot and they will talk down to you because they know you are
desperate. They will ask for huge sums of money to do very simple tasks
which are usually done by a paralegal for $20/hour, while they charge you
$200/hour.
    The reason our government is so screwed up is because most of Congress
is made up of lawyers, who for the most part are nothing more than money
grubbing traitors as proven by the fact that most of them never served
in the military themselves, but are more than happy to send your sons and
daughters off to senseless wars which have no benefit to the American
people. This is why we need to stop electing lawyers and start electing only
former military officers and noncoms who are proven leaders and who risked
it all for this country and put the US Constitution above private gain.
    I call on all ex-military officers to throw your hats in the ring and run
for office in 2010 and 2012. GIVE THE AMERICAN PEOPLE A CHOICE!
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I think the main point is to hold parasites and criminals responsible. We have volumes of laws in the U.S.  Every time there is a problem Congress and Senate is all to glad to act shocked, outraged, concerned and draft more labyrinthine, self contradictorily, ambiguous legislation  that's barely within the framework of the Constitution at best and usually overtly contradictory to the original intent.

The economic platform our founding fathers laid out creates an automatic incentive to provide a good or service that's needed and mutually beneficial, and encourages savings and economic responsibility. The big problem when debt becomes money is that people, businesses and government act contrary to the laws of supply and demand, serving needs of others, making wise choices for the future and responsibility to the voters.

Of course there will always be liars, cheats, megalomaniacs, monopolists etc. but it's just plain foolish to base an entire economy and government structure with built in rewards for evil and punishment for good.

The system we have isolates actions and consequences rewards for driving companies into bankruptcy, shipping jobs and assets overseas, yes and of course political and economic gains for war which should only be entered into as a last resort for defense.
 
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tired and tattered

We have been and continue to be DISTRACTED by the health care issues and what ever other issues they can use so that they are keeping the foreclosure crisis in the background. No one wants to answer to the reason. There were too many hands in the pockets of all of these banks that committed the fraud. It is not that no one gets it, it is that too many GOT it. (the money that is)

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