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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Nye Lavalle
yes, depends on where you are located and who is behind them!
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My first attorney messed everything up---- attorney i have now has been awesome. My home was due to be sold Dec 11 2006 he has gotten us a restraining order from the sale - filled the suit and is dillagently working on our case- and will not be paid unless we win!!!!

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The mortgage foreclosure defense bar is very thin in large part because there has been little money in mortgage foreclosure defense.  The defense attorneys who generally have the most experience in this area specialize in bankruptcy and consumer debt law or are more generally attorneys defending the indigent (as in legal aid societies).

The trouble with the former is that they very often view bankruptcy filing as the silver bullet to forestall a foreclosure, interposing bankruptcy protection as a speed bump.  This can be quite effective in delaying a foreclosure, but very oftten fails to address the substative issues of mortgage servicing fraud.  (This is NOT to say that bankruptcy, for some defendants, isn't a very good idea, but rather only to comment that there are also other defenses available, as is thoroughly discussed in other message threads.)

Legal aid lawyers are often particularly overworked and underpaid.  And very often there is a some means test to qualify.  A borrower with some income, but not enough to overcome their financial distress, and protecting a more valuable property may very well discover that they are ineligible for legal aid assistance.  And those that DO qualify for legal aid help will find that their attorney very often lacks the time to develop a sophisicated foreclosure defense.  But the GOOD NEWS is that these lawyers will very often have seen this sort of litigation BEFORE.

One attorney who has been training foreclosure defense lawyers is Max GARDNER of North Carolina, who has a foreclosure defense "boot camp" that he runs to train other lawyers in successful litigation defense techniques.


In looking for a lawyer, despite your distress, bear in mind that there is NOTHING WRONG with interviewing a prospective lawyer.  Valid questions range from background and training (where did he or she go to law school, has he or she attended Max GARDNER's foreclosure bootcamp), to experience (has he or she ever done legal aid work, has he or she worked as an assistant DA or assistant attorney general in consumer protection, how many foreclosure cases has this individual litigated, etc.) or his or her knowledge about current foreclosure defense developments.

In respect of the latter, if the attorney is unfamiliar with and doesn't understand MERS, if the attorney is unfamiliar with the recent Ohio Federal Court rulings on standing or recent bankruptcy court rulings on misrepresentation or sanctions, this would be unsettling if the person professes to have expertise in this area.  But I also would caution you against holding this out as a litmus test.  There are obviously a LOT of great attorneys who haven't been following recent developments.  And a really sharp and committed attorney can LEARN.

One of the attorneys in Ohio who has had some recent appellate success -- Adam TODD -- seems to be just such a sharp young attorney with a top drawer firm, who appealed an unfavorable and premature trial court ruling granting foreclosure to Ohio's appellate court and had the decision overturned (see posts on the Everhome v ROWLAND case elsewhere on this message board).  By a litmus test of prior foreclosure defense experience, one might have rejected him.  But it appears to me that his client ought to be well satisfied with his work.

Similarly, trying to use education as a litmus test can be deceiving.  All of the really sharp ivy league educated attorneys I know are generally on the other side of this sort of litigation.  By this, I do NOT mean that they are bottom feeders working for foreclosure mills, but rather that they are corporate lawyers or securities lawyers on Wall Street.  They have neither expertise in foreclosure defense NOR are they affordable.

What I am basically saying is that a sharp attorney that went to night school may be more useful than a silk stocking Ivy League lawyer without foreclosure defense litigation experience.  And you will never be able to afford or engage most of the Ivy League lwyers anyway!

This leads to another observation, which is that very often it is the attorneys who couldn't readily find work in other leading firms -- those with less compelling grades, who didn't make law review -- who very often find work at consumer debt and bankruptcy specialty firms, which often have a high degree of turnover and are almost ALWAYS hiring.  This is NOT to denigrate such firms or their lawyers.  Consumer debt and bankruptcy work can be a bit depressing and the partners of such firms very often employ a LOT of junior associates, who have little chance of making partner.  So the young attorneys working there will sometimes follow an opportunity doing what they really wanted to do at the first opportunity, perpetuating the turnover.

There are going to be some very sharp and even very experienced consumer debt lawyers at such firms.  And there will also be attorneys who are seeing their very first case.  The former have the advantage of experience, the latter of passion.

I am here reminded of counsel of a dear friend who is a physician who has cautioned me that for complex surgery, one should obtain the assurance of the experienced surgeon teaching in a surgical residency program (rather than the junior resident) that he will perform the surgery himself or herself.  But if this rule were universally adhered to, the surgeon in training would NEVER have occasion to perform his first procedure!

And if one is lying in shock in an emergency room, one rarely has the luxury of interviewing the person who will perform the livesaving procedure.


Hope this helps!  God Bless!
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It should be a requirement that Bankruptcy attorneys not only handled, as you indicated the bankruptcy to Stay the foreclosure.  They should also review loan documents for predatory abusive lending and assist clients with filing "Adversary Hearing" for predatory lending violations.  Especially since most of these violations are federal statues, i.e. TILA, HOPEA, FDCPA, RESPA and Reg. Z.

Also, the Bankruptcy judges need to be more savvy and up to date on predatory lending abuses and mortgage servicing and or mortgage fraud.  Judges should not assume that foreclosures are always the homeowners fault. The U. S. Trustees office should to a better job to make sure lenders and servicers are filing the correct "Proof of Claims" amounts that include bogus loan debt amounts, attorney fees, foreclosure fees, late fees, BPO fee and, etc.
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good looking out. LYNN

i asked for a final accounting of fees  and arrears from my discharged  bankruptcy, chapt 13.  the breakdown was a surprise,

i contacted HomeQ to send it, they
referred it to their attys.  the amount differed from what they said i
owed. at the foreclosure.

it went from $73,000 and some few cents to $48,000. that is what all
folks facing this dragon should do.

the bogus fees and charges were missing!

the trustee told me, that the plan payment check had not been  cashed
that was given to, the servicer they had
  90 days to cash it   and since
they didn't it will go back into the "court registry".

 but don't worry about
asking for it. because it belongs to the servicer, whether i, respond to the
notice of this occurring. and file a motion, objecting them getting it.

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I'm looking for a Florida attorney to take my case regarding Nickolas Ekonomides PA in my defense and counter claim against him.
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Good luck in your endeavor. If their any good their not taking any cases. And if your wanting to fight fraud GOOD LUCK! I'm not sure what part of the state your in but over by STl all the attorneys and judges are trained and programmed to make us look like moronic idiots.
Because we signed the documents they could care less how much fraud was perpetrated against us. I'm preparing a complaint to file tomorrow to go to the Chief Banko Judge/court here tomorrow.
Not that it'll probably help much. But I don't know what else to do...If anyone would like to help please tell me if the following are all Foreign LLC's...Ameriquest, Wachovia, Homeq, Wells Fargo, Option ONe,Fidelity Residential Solutions....I know they all do overseas bank trades and such . So that means they make a foreign income I know...
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