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
Does anyone have a motion to oppose attorney withdrawal that I can use as a template.

Had wrongful foreclosure case that attorney sat on because he always had one excuse or another.  Never amended as court told him to do.  He finally served unamended complaint just 2 days before statute of limitations expired.

Defendant asked and received dismissal.  Attorney filed appeal. Has dragged out for over a year with four extensions, missing the AOB filing deadline, then missed the ultimatum deadline by 3 days.

Now files motion to withdrawal cause he has conflict of interest with the defendant.

I don't want to keep him but want to file something with the court because this guy lied to the court saying communication broke down and we don't agree on the value of the case. 

Really?  Don't you have to have that conversation in order to disagree?  Last September  he said the defendant offered some pennies to throw at me for losing my home.  I said I want my home back or a comparable one. He said send him something by email to elaborate.  I did and never heard back from the attorney.

In February I send letter asking why I heard from him since Sept and what's happening with case.  Says he lost email and send again.  I did, again, I don't hear from him until he filed brief and motion to withdrawal.


sorry for long diatribe.  I just want to file a motion to oppose that I dispute the claim that I am difficult that communication broke down because we don't agree on value of case.

Quote 0 0
There is no such thing as a motion to oppose attorney withdrawal.  The attorney files a motion to withdraw and sets it for a hearing.  You can file a response to the motion and go to the hearing, or just go to the hearing without filing a response and make an oral argument.  Either way, the motion will probably be granted, and the case will be 99% over.  You will not be able to find another attorney to take over.  Sorry for the bad news, but it situation should have never gotten to this point in the first place.
Quote 0 0
I've been searching the net and there's so much conflicting information.  But finding places saying that client's shouldn't allow attorney to get away with making false claims to withdraw.

Personally, good riddance to the worthless piece of garbage that was too busy shoving donuts in his gut to take care of business.   By his and the trial judge that dismissed my case opinions, what the lender did was criminal and the lawsuit was "evidence heavy."


This attorney made false claims about us not agreeing on the value of the case or me accepting a settlement offer.  He then claims that communication had broken down and he isn't able to represent me.

Wouldn't those kind of a inflammatory statements, especially if I don't dispute, work in his favor in a malpractice lawsuit?   For that matter, him abandoning the case as soon as he filed and AOB help him avoid a malpractice by claiming that I caused him to leave?



Quote 0 0
Strongly disagree with the previous poster.

If you don't want to let the attorney off the hook, you must file an Objection to Motion to Withdraw; you can file in Limited Opposition.

Window for filing is generally 5-21dys prior to the Hearing. The Notice of Hearing should state the response requirements citing your Local Rules.

But don't just do nothing & show up for the Hearing, or you may not even have one, as the court may summarily grant the motion without a Hearing if no response is filed. Again, read the Notice & your LR.

Think hard about what you want, because once the court releases them, they have no further obligation to you - so anything left unresolved, will be a separate action &/or case.

I strongly advise that you ask that the Court require the attorney to turn over your case files to you prior to release as counsel.

Atlas
Quote 0 0
AtlasShrugging raised some good issues, so let me clarify.  I'm a foreclosure defense attorney in Florida.  In circuit court a hearing is required for an attorney to withdraw.  Wrongful Foreclosure has a case on appeal.  In Fla. the appellate courts do not have hearings.  The motion to withdraw will be granted and the court will give you probably 30 days to retain new counsel.
A couple of things I said previously are dead on accurate.  You will not be able to find another attorney to take over in the middle of an appeal without paying at least a $5,000 retainer fee with no guarantee of success.  I stand by my statement that the situation should have never gotten to this point in the first place.
Thanks for the input Atlas.  I'm here to try and help people, and I'm sometimes willing to admit when I'm wrong.  I feel bad for WF, but the reality is you cannot stop a train wreck that has already happened.
Quote 0 0
Usually, after the Court grants the Attorney Motion to Withdrawn, the Court will allow you 20 or 30 days to get a new Attorney to continue the case.

If the Attorney refuses to give you back your file, you can go to the Court house and make copies of your files. Always keep a copy of all your personal documents i.e loan closing, mortgage documents, legal pleadings so you can follow up with your case.

You can file a complaint with the Lawyer Bar if you feel that the  lawyer  did not give you proper service. The Bar also has a Recovery Fund to compensate victims financially. By law your lawyer has to tell you his recommendation to resolve your case based on his evaluation of the case. You may not be happy with his recommendation but you can always have your case re-evaluated by another lawyer. It is similar to have at least 2 doctors's option before serious medical operation/treatment. People don't go to stomach surgeon to have heart surgery. Look for lawyer who specializes in foreclosure defense .

Type up a summary of your case and go see several lawyer. Google "Foreclosure Defense Lawyers" in your area and interview at least 7. All lawyers are not equal. You can also call the Lawyer Bar for lawyer recommentation. When you interview lawyer, ask him his evaluation of your case and the options available to you. Tell him what are your expectations and what are the options you feel fair to you or how is your winning chances. Lawyer can't do miracle but they should  be able tell you their honest evaluation of your case by their experience.

You must also evaluate your financial situation to decide if it is worth financially to pay expensive attorney to pursue the litigation or consider other options.

I would try to negotiate incremental payments to avoid pay big sum of money upfront. So in case I hire a bad lawyer, I can fire him and have enough money to hire a new one. Always check with the Bar to see  if the lawyer is licensed to practice in your state and if he has any pending complaint.  My neighbor pays $5000 retainer fee to a lawyer not knowing that he has a serious complaint with the Bar from another client. 15 days after the hiring, his lawyer was disbarred and my neighbor lost his $5000 retainer fee. My neighbor is still trying to get some of it back from the Bar Recovery Fund since 2 years.

When you have new lawyer, make sure you participate actively with him to manage your case. You have ONE case to manage, the lawyer may have 50 cases to handle. You know the detail of your case more than anyone else.
It is not wise to hire a lawyer then forget about the case.

I communicate with  my attorney by emails and follow up after 2 or 3 days . I only call him on emergency matter. I follow up my case closely, check the online docket every 2 days  I request the secretary to email  me all pleadings from both sides. I want to review/approve pleadings before my lawyer files it. I request the lawyer to discuss with me before he implements legal strategies or settlement options. I email him and his scretary a reminder few days before ALL hearings  date or deadline to reply to a motion. 
I educate myself about foreclosure defense and email my lawyer all info I find related to the matter.

Never wait for months before talking  to your lawyer. It might be too late to save your case. If he does not return your call or reply to your email in 3 days, send or call him to follow up. Sometimes the secretary lost  or forgot your messages . These things happens. If it is an emergency matter, go to his office and and if he is not there, ask his secretary to call him on his cel and don't leave until you can talk to him.  If the lawyer refuses to talk to you, tell him you will call the Lawyer Bar and file complaint. Often they reply fast when you mention the Bar. Call the Bar and file Complaint if the opposite lawyer harrasses or strong arms pro se litigant.

Best wishes
Quote 0 0
Thank you.

"situation should have never gotten to this point in the first place...I feel bad for WF, but the reality is you cannot stop a train wreck that has already happened."

Agreed.
It may be that WF has to accept that it's time to throw in the towel & cut his losses; but we can't know that from the post.
My position is simply that (in any case) one should neither offer false hope, nor dash that remaining, if legit cause exists. WF is in for tough times either way.

The courts are inundated w/cases that went from "simple" foreclosure, to huge messes, when unscrupulous firms targeted those homeowners. The vast majority end up not only losing their homes to the banks, but also losing their assets to the firms. That's the sad truth.

So/but if WF has a valid argument &/or beef with his attorney, & if he has the fortitude to fight on, then he should do everything he can while they're still party, to mitigate the damage, get set up for new counsel (or proceed pro se), &/or lay the groundwork for malpractice.

re docs: You can get your filings from the courthouse, but NOT your case file.
Filings are part of the case file. The court won't have anything that happened outside of court (phone calls, emails, communication regarding settlement etc). If you plan to fight on, you (&/or new counsel) will want your entire case file, not just the filings.

Thanks Al. Good luck WF.
Atlas
Quote 0 0
WF- You've been given alot of good advice by the posters thus far. It's really sad that they will do everything to DESTROY GOOD PEOPLE! These Attorneys need to be jailed with the Judges if you ask me.

I took my job seriously as a 3rd party mortgage collector for both Chase at the time it was Chase Manhattan Mortgage Corp and Citi-Financial. Come to find out one of the largest asset management companies NARS had or has as their board of directors two of the top foreclosure trustees nationally.  They've been putting fraud into the court knowing its FRAUD for GOD KNOWS HOW LONG NOW? But when you are not prepared this is what you find out. Who would think with the crap they sell us on tv that a court wouldn't respect what you tell them?

Especially when it was your job to make sure you made the best thing happen for both sides. I know most people don't think anyone cares but I have and still do. Its very frustrating. Especially, when the way you have to pay isn't good enough to get them to do anything. Its baffling till you research history and find out they've kept your true identity from you. That you should of inherited millions means nothing. So not only can you not go to court with a way to pay you can't even be told your true identity. 

A good friend told me I'd be better off not to fight it but by "God" when you have a way to pay aren't you suppose to be given the opportunity to? It's not my fault they encouraged us to dial blindly. Or they didn't want you to be educated about the job at hand called "COLLECTING A DOLLAR IN AMERICA".

In this story you'll be told they didn't even want us to have credit bureaus. God forbid the notes from the client to tell you how the account was handled at the "Servicers" office. I used to be able to call and have a file removed from my cue. If I didn't do this we would of been made to make calls we shouldn't be making. To me my job was worth it. God forbid I have to answer in a court of law was always my thought!

Nothing could prepare me for this battle though. My own atty didn't believe anything I told him. He only saw me as unable to pay even though I've had and have bankers on standby to do honest legal biz. The 1st non-performing note buyer was willing to spend $150,000 per month but was told by Citi this wasn't good enough as they would only sell if he was spending $3m-$4m per month. Another associate was willing to bring forward someone since I was dealing direct with Citi vs a chain of brokers. This associates buyer was willing to spend $10m-$50m per month on the worst possible notes deficiency balance notes. The buyer didn't buy not because of lacking finances or credentials but because once Citi sold the worst possible notes they still wanted to make money on them!

My atty refused to file an adversary in my behalf. He wouldn't listen about the upcoming crisis having 1st hand knowledge of info that could of stopped this meltdown. So after the bk judge did what he did w/allowing fraud into his court I put in a counterclaim for his actions under 43-1983. I requested a TRO and the Judge denied me in 10 days or less. So then I put in a "Mtv" her order instead of ruling in 10 days or less she took 60 days then "SUMMARILY DENIED" everything as "Frivolous". Then out of the blue 60 days later she "Sua Ponte"  "Disqualified" and "Recused" herself. Then the next judge "Recused" as well. So it went to another Judge who was as "CORRUPT" as the 1st.

The level of corruption found is unbelievable, but to me I have a "Right to Tell the Truth! If I can't in a court of law I will everywhere else till someone else realizes it's not funny, and they are deadly! I could of never imagined they were behind my  gg-grand fathers hit and run accident in 1933. Or my great grand fathers disappearance but they are. It's all money related as he put his mom's name as Katie O'hara. We know they had oil wells and gold mines. But the gov has and looks like will continue to LIE LIE LIE! Whatever, their responsible for must be a secret only an Attorney or Judge will know. Cause I know my former manager who I call AMERICA'S BIGGEST TERRORIST DEAN CHRISTANSEN knew all about it b4 I ever went to court about anything! Just what could they of done to make her WORLD FAMOUS? I know the assets existed as I've found the names of the mines and companies that existed..To be tracked your whole life REALLY SUCKS!

When you've never used the court process before and think someone will do the job their "PAID" to do your in for a rude "AWAKENING" in this country. The WHOLE DEPT OF JUSTICE and any state or federal building needs people who will DO THE JOB their PAID TO DO! PROTECT THE PEOPLE!
Otherwise as many know the path we're on is very destructive for so many! There is no reasoning with them!

Quote 0 0
Jeff t

WF ~ Just a thought:

“[since]…… the trial judge that dismissed [the]case [ruled not opinions], … the lender did was criminal and the lawsuit was"evidence heavy." [with proof of their misconduct].  (would my interpretation be correct??)

If yes, then why not at least make anattempt to contact the plaintiff and try to resurrect the “… settlement offer.”.  Use the worthless attorney argument with them~ tell them all you want to do is put this behind you and move on, but, if theydon’t want to do that then they [the plaintiff] will leave you no choice but tohire another attorney, or, continue pro se.

Quote 0 0
mcz1970
I'm just going to add the obvious.  I'll admit that I didn't read the whole thread and someone else mentioned it, I apologize in advance.

Did you perhaps not pay him timely?  That might have lead to his untimely filings.  Just saying......

If you did pay him timely and he simply threw you under the bus so to speak, you may have a case for malpractice.  I witnessed this here in Ohio and the judge actually recommended, in his brief of the appeal that the defendant sue the attorney for negligence. 
Quote 0 0
Write a reply...