"... ANYONE GETTING FORECLOSED ON SHOULD GET A COMPETENT LAWYER " EASIER SAID THAN DONE
Well here is my 50 cents worth... I live in Miami ... I love South Florida . I was a real estate investor for many years. I think I have a really solid foundation on real estate law and some insight on how things really get done. I started getting interested in the subject in my early teens, Mom is a realtor for a very large and prestigous real estate firm, dad was in construction. Like many South Florida investors, in late 2005 I saw the writing on the wall. Saw first hand how many $10 hour clerks were buying $500,000 mansions all over South Florida. Been in real estate offices and title offices noticing inappropriate procedures, to say the least. So i got out
Now I do audits. Got over 40 clients and growing fast. The problem I see is that it has been really hard for ME to get a competent attorney to refer clients too! Some have said that 9 out of 10 attorneys are incompetent - I would say as of late, those are pretty generous numbers.
I have looked at some of the filings in court by the attorneys and looked over motions filed on behalf of clients and I have and man, some of the stuff is embarassing to look at. In many cases just criminal. One of my first clients paid an attorney $8,000 for a motion for enlargment of time. The attorney no longer returns calls. It wasn’t even a good motion. My personal experience, most don’t return the calls, not just now, I know the good ones are busy, I mean before 2008! They still don’t return calls. I just recommended an attorney for a quiet title and he did just a terrible job and charged a fortune!
I do a combo audit, investigation and letter writing campaign to everyone that will listen!!! I want to see where the banks have commited fraud against clients, have successfully found the fraud and even explained the findings to my clients. The 3 clients that have actually followed my advice and used my audits properly, have had their FORECLOSURES DISMISSED with my information within 10 minutes, Pro Se! On one occassion, the judge insisted on the forclosure mill(won’t say the name but it sort of rhymes with Law Offices of D______ worm, germ or fern) coming to court to face criminal action (that was pretty funny). The case was quickly dismissed by the bank. Not that hard to do. I mean all this stuff is fraud right?
I agree that there is a whole lot of Pro Se discrimination. This is a fact. I just wonder where are the good attorneys. I believe that everything I do, (pooling and servicng agreements, title searches, fraud on the public records, TILA etc.) any attorney can do. Probably much better than me! But I see very few doing it. I believe failing to send a RESPA request or doing a TILA-securitization audit is just malpractice!
I am no attorney but I have seen what works and what doens’t many many times. Everything you need to win in court in my opinion is in this forum!!!! Why aren’t attorneys coming to our rescue?
Now the Dillon Grahams (top shelf, awsome attorney, met him once, recommended a client and he is doing an amazing job, KEEP IT UP DILLON) and the April Charneys (she’s a Rock Star. Bet those banks churn when they get service from her!) are far and very few, believe me.
Unfortunatelly, there just aren’t enough good lawyers in Foreclosure Defense. There are excellent Pro Se Foeclosure Defense manuals and rather than get your money taken by an attorney that will HELP the bank steal your home, my clients are telling me they are better off going Pro Se and saving the money they may need to move, at least that is what I am hearing from clients. I would say 8 out of 10 folks that hire me already had an attorney. You should hear their stories! Many of them put their trust in these folks and don’t even know that they have been duped. Malpractice law is going to be big in the next couple of years. I have had to explain to one or two that the house is already up for auction. This really just trns my guts inside out to see this.
Point is, i have read several folks on here and other sites offer really silly advice like “get and attorney”. Trust me folks, much easier said than done. These guys and gals just aren’t doing their jobs. I have 40 clients and I’m scared to death to recommend them to attorneys! We should start a free referral service or a watch dog sevice for bad attorneys or something.
SO. My advice, get your cases to the few good ones early.
DO NOT DO BUSINESS WITH ANYONE THAT DOES NOT RETURN YOUR CALL. Be clear and realistic about what you want to accomplish. Most people can’t afford to keep the house their fighting for. I am positive that every foreclosure in the country can be won. Positive. Problem is most of the people can’t afford to put up a legal defense together! The banks know this. They made it so. They know that you’ll probably be broke before you get victory. Sadly that is the truth. The governments loaned the Banks a Trillion dollars. They need that money back. So they won’t bankrupt the folks that they loaned their money to. Don’t expect the government to save you . They won’t. DON’T USE THE YELLOW PAGES. Ask your friends or people you trust to refer an attorney they have seen in action. You need foreclosure defense or a consumer law attorney. A corporate attorney or a personal injury attorney isn’t going to do you any good. Advertisements are a waste of time. The good ones don’t advertise much. Do your research on what’s going on in Florida courts in foreclosure. Those are the firms you want to hire!! This site is full of motions and ladmark cases. Write down the name of the firm!!! Don’t assume the good ones are cost prohibitive. THEY ARE NOT!!! I was pleasantly surprised at Dillon’s prices. You get probably the best attorney in South Florida at a price that is well within reach and much cheaper than the chop shops. Ice Legal is very good too. Not sure if April handles South Florida. There are others but very few others. The good ones get volume so they can be pretty cheap. The good ones are usually cheaper than the bad ones. The good ones know your house is important and have a sense of responsibilty to you and your family. They return calls. When you meet an attorney decide whether you like the guy or gal and whether you trust him with your family’s home because you are. Is-she organized, is Is-she relaxed, does Is-she sound knowledgable, is Is-she intimidating, is Is-she listening to you. Are they an optimist. Etc. It is your house!!! Watch the court docket like a hawk. The banks are not supposed to call you when they know you have an attorney. The phone calls are a violation. Write down names dates and times. A digital recorder is $50 bucks. Buy one. If it’s legal to record two way in your state put them on speaker and record. If not just record yourself, time, date name etc. Makes for an interesting FDCPA suit. I like to work with folks with landmark cases because these folks are good at digging out facts and that is what you want.
Anyway. Good luck
THIS IS NOT LEGAL ADVICE SEEK A COMPETENT LAWYER, THIS IS MY PERSONAL OPINION AND NT THE OPINION OF THIS SITE etc etc....
Check out this cartoon.. they are right on!!!