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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Attorney Dillon Graham Named As “Florida Legal Elite”

Dillon Graham of Graham Legal has won the distinction of being listed in Florida Trend’s Florida Legal Elite 2010, a distinction only 1.8% of active and practicing lawyers in Florida achieve

http://www.prlog.org/10871686-attorney-dillon-graham-named-as-florida-legal-elite.html

FOR IMMEDIATE RELEASE

PRLog (Press Release)Aug 19, 2010 – Attorney Dillon Graham has recently been named to Florida Trend’s Florida Legal Elite 2010 for his work in foreclosure defense and civil trial. With a comprehensive process, Florida Legal Elite works to create a directory of the cream of the crop of active and practicing lawyers throughout the state.

Florida Trend first begins the process by sending out ballots for the year’s list in October of the year before, as well as posting deadlines and guidelines in the Florida Bar News. Lawyers are then asked to send in recommendations as to who they hold in high regard or who they would recommend to a friend. Ballots are tabulated, lawyers receiving one point for nominations from within their firm and three from outside recommendations. This list is then further examined and processed by previous Legal Elite using memberships and histories of the lawyers to come to the final group of attorneys. Of the 64,000 active lawyers, only 1,160 are placed on the list, a mere 1.8% of attorneys in the state.

Dillon Graham has an impressive track record which has placed him in a prime position to be part of this elite group of lawyers. With over twenty years of experience and a rich background in civil trial, Graham has devoted his last two years to assisting those in danger of foreclosure http://www.foreclosurelawmiami.com/. By working tirelessly to defend homeowners and applying his extensive knowledge of evidence, trial and legal proceedings, to date, HE HAS NEVER ONCE HAD A CLIENT RECEIVE A FORECLOSURE ON THEIR PROPERTY.

Beyond the honor of being named to the Florida Legal Elite 2010, Graham has received nods from several organizations for his exemplary legal career. He has previously been listed in “Who’s Who in American Law” and has a peer-review rating of “AV” by Martindale-Hubbell. If you or a loved one are currently facing foreclosure and are in need of creative, aggressive legal representation, do not hesitate to contact him today.

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Margaret
Congrats to Dillon!!

Glad he is on my side.....
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anon

yeah except he refused to help me didn't even get to see him

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Margaret
Anon, aren't you in California?

I see there is another Anon that posted & he said he was from California...
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anon
No. I am here in Miami. It might be worth saying that I attempted to retain this top gun foreclosure defense lawyer like about two months ago. I had to go pro se and needless to say I lost. Its amazing how "judges"  and the mortgage companies are quick to point the finger at us - the victims" and accuse us of trying to get a free ride when I was hit with a judgement of $255,000.00 - principle being $121,000.00 and the rest interest and late fees. It only ook 5 1/2 years to get thru the court system so its my fault I am being charged interest by Countrywides.  Along the way I got caught up in a scam to "rescue" my house and I swear I am not a stupid person, but I still got caught so I paid out on that. I called his office today again because I have 30 days to keep my house from being sold out under my feet.

So why give an attorney space on this board and free advertising when it turns out he is in it to get a quick buck and take on cases onlly when it is a sure win and probably just as scummy as all the other attorneys. I started reading this board five years ago and it gave me a lot of hope but I still got screwed. BTW the amount that I spend on attorneys fees and paying this other bogus mortgage I could paid for my original house outright.

I really wish people would just get angry enough to force the system, to force Obama, Geithner and all to listen to the 95% of us that don't work on wall street and have just normal incomes. I can tell you that I will buy a ticket to just stand outside Angelo' Mozilo's trial and picket. I am serioulsy thinking of doing this in front of the courthouse. Maybe setting myself on fire will get someones attention. All I really wanted was to buy my house, settle down and live a peaceful normal life and what I got was five years of hell. But that is just how I feel this morning.

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Anon,
Mr. Graham's email is Dillon@grahamlegalpa.com. Please send him a email explaining all detail of  your case and copy to me at ocean11@the-beach.net. I will look into it.

Please understand that even Excellent attorneys can't  do miracle.. Sometimes the lawsuit is too damaged to defend or too late by the time the Homeowner come to see the attorneys. Especially after the Final Judgment is granted for example . It is very difficult to reverse the FJ or MSJ  but in few cases it is possible.

The lawyers usually told me that it is important that they can defend the lawsuit at the very beginning so they can lay ground for the battle. There are many legal requirements and steps required to win a lawsuit. Ethical lawyers would refuse to take a case if they see the case is hopeless and they don't want to take people money in these circumstance.

From your post I believe that you have been fighting prose for many years before you go to see a lawyer. Am I correct ?
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Found these info on the Internet. Consult your BK lawyer. Not a legal advice
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                                              THE BANKRUPTCY OPTIONS  http://www.gingolaw.com

     
     Bankruptcy is a powerful option.  Bankruptcy is provided for by the United States Constitution - Article 1, Section 8, Clause 4.  Corporate capitalists make decisions that financially benefit their shareholders.  When a situation arises where it becomes more profitable to breach a contract than to perform under the contract, the corporation owes its stockholders the duty to make the better economic decision and breach the contract.  When that happens, no one blinks - it is expected and encouraged as a model of efficiency in the marketplace.  This is something good for the particular business and society in general as the fittest corporations survive and grow, spreading wealth through commerce. 
 
     When a person contemplates bankruptcy, he or she often goes through the mental anguish associated with the misplaced concept that it is morally wrong to do so.  Most likely, corporations are at the root of fostering that concept as a capitalist method of protecting their financial interests from borrower default.  Somehow, religions sometimes wrongly intrude into that belief as well.  Having handled hundreds of family law cases, I have seen that overwhelming debt is destructive to family cohesiveness.  It leads to depression, interpersonal disputes between hubands, wives and children, often results in divorce and sometimes suicide.  No marriage - or life - should be sacrificed for the sake of the corporate shareholders wealth.  If bankruptcy could save marriages, then churches and pastors should encourage its' use when financial burdens are overwhelming.  To not do so is derelict of the duties Jesus gave to those leaders.  So what is one to do when faced with unrelenting debt - take your lead from corporations and make a better economic decision and file a bankruptcy!

     Generally, the average person should consider three different chapters of bankruptcy - chapter 7, chapter 11 and chapter 13. 
Chapter 7 is a "liquidation" bankruptcy where you liquidate your unexempt property and wipe out your debts.  Chapter 13 is a restructuring of your debt where you pay off your debt over 5 years on a very limited budget.  Chapter 11 is a powerful bankruptcy usually thought of as a business bankruptcy, but it is available to you too.  It can restructure debt also.  You are probably aware that our corporate controlled government has been slowly eliminating our rights.  Corporations rights are increasing as ours decrease.   It used to be that anyone could file a chapter 7, but in 2005 the bankruptcy code was changed at the behest of the credit card lobby so that rich people could not file a chapter 7.  "Rich" is defined by the United States Trustee through a "
means test".  The U.S. Trustee periodically reports income limitations on a state-by-state basis.  If you live in a particular state where your income is above the median income for that state, you're rich and you can't file a chapter 7 bankruptcy.  As of February 1, 2010, the test says that $41,226 per year is the limit in Florida for a single person.  The test says that $48,140 per year is the limit in California.  A "year" of income is calculated this way - take what you made in the prior six months and multiply it by 2. 

     The filing fee for a chapter 7 is $299.  There are two classes you need to take that can be done online or over the phone that cost about $80 total. (Google "bankruptcy classes")  Your credit report needs to be run also - you can get a free credit report at
http://www.annualcreditreport.com.  You run that report to make sure you list everyone on your bankruptcy.  There are people who are non-lawyers who may be qualified to prepare your bankruptcy petition for you at a very low fee, typically around $113.00.  They are called "bankruptcy petition preparers".  When I file a chapter 7 for someone, I charge $1,500 for a single person and $2,000 for a married person.  That is the total costs with no other costs to them.  If an attorney is charging a total cost more than that, you may be paying too much.  You may want to file the bankruptcy yourself.  If so, you can get the forms from the USCourts website here.  Your bankruptcy court has materials to assist you that are on-line.

     In Florida,
homestead has a constitutional meaning with protection and homestead also has a statutory meaning with protection.  But for bankruptcy purposes, currently the equity in your homestead is protected for the first 40 months after ownership up to $137,000, after that, the entire equity is protected.    California doesn't protect homesteads to the extent that Florida protects it - that's why rich people move to Florida, buy a multimillion dollar property, wait 40 months and file bankruptcy.  How do they get under the income limits? They just don't make any money "personally".  Their corporations withhold dividends for awhile.  California only protects $50,000 of equity for a single person and $75,000 for a married couple.  If you think you know why the government treats married people more harshly than single people, please email me and let me know.

     A chapter 13 bankruptcy has some debt ceilings listed in
11 USC 109(e) -
currently, you cannot have more than $336,900 in unsecured debts or $1,010,650 in secured debts or you don't qualify for a chapter 13. (That statute isn't updated yet.)  If you are "rich" or have too much debt, you can't file a chapter 7 or chapter 13 bankruptcy - but you can use a chapter 11.  It used to be that you could do a "cramdown" on a mortgage - which is to say that you could have the bankruptcy court reduce your mortgage principal to market value.  That seemed reasonable because when you file bankruptcy and if you lose the home, the creditor then sells it and doesn't get any more than market value for it anyhow.  The cramdown was forced out by the corporations who control the government - they didn't want you to be able to reduce their mortgage principal.  But, the corporations kept it for themselves - in a chapter 11.  So if you use a chapter 11, you too may be able to cramdown your mortgage.  It is complicated and way more involved than this website will get.  But if you can do it, it may be worthwhile.  Chapter 13's typically run about $3,500 by most lawyers and chapter 11's start at about $8,000 and go up.

NOW THE GOOD STUFF

     Have you heard of this? Man gets home for free - Bankruptcy Judge wipes out PHH Mortgage
This is a show-the-note type of argument.  Before the zealots get their socks all bunched up, I need to tell a story.  A friend of mine called me up one day.  He was pretty upset.  He said that he sold his home through a realtor and he used a title company to pay off the bank.  He later was sued for a foreclosure and deficiency judgment on the home he sold.  It seems that he paid off the wrong bank.  The moral of this story is that if you won the lottery today and you took a whole bunch of cash to your bank and stuck it out to them in your right hand, before you let go you need to make sure that they put in your left hand your original promissory note stamped "paid in full" by the lender/payee thereon and every bank, business or person who held it since it was created.  That, is a big order and probably unlikely to be filled.  Otherwise, how can you ever be sure that you have clear title to your property?

     So here is how you do it.  When you file your bankruptcy schedules, you list your mortgage on schedule F.  Schedule F is for unsecured debt.  By listing it on schedule F instead of schedule B, you are representing to the court and the creditor that you don't believe it is secured.  You have to invite a fight with the creditor.  But, you are only half-way there - now you have to mark the box "disputed" on schedule F.  Lawyers typically don't do this - or will avoid it at almost any cost because it triggers a lot of work that they probably won't get paid for.  So if you are using a lawyer, talk about that subject so that you don't get left out in the dark on this issue.

     You can't get ready for this fight without your mortgage document and your promissory note.   If you are in foreclosure, they should be attached to the Complaint (foreclosure lawsuit).  If that isn't the case, go to the county court clerk to get a copy of the recorded mortgage document (in Florida) or to the county recorder (in California) to get a copy of the Deed of Trust and every document relating to that particular Deed of Trust.  If that fails, use one of these Qualified Written Requests (sample 1) or sample 2 to get the documents.   

     The creditor will likely file a proof of claim.  When that happens, you file an objection to the proof of claim.  When the creditor files a motion for relief from stay, you file an objection to motion for relief from stay and notice of hearing.  You follow that document up with a memorandum in support of objection to motion for relief from stay and notice of hearing.    These are just samples from a case in California.  Not all citations have been cross-checked yet and it isn't complete.  They do not directly apply to your case - just read them to get the idea of where you have to go to make it happen for you.  I hope to be able to update this material frequently. 

     The next stop on this fascinating road is to try to strip a security interest (mortgage) from the note in a bankruptcy as an unperfected lien (MERS related).  Here is an Arkansas case where it worked when there was a defective notarial affidavit - In re Mary Stewart.  So the theory (imperfect as it is at this time) goes like this - you obtain an expert title lawyer's affidavit (like attorney Greg Clark) that title has been destroyed and can no longer be deraigned due to the MERS mortgage and the failure of consideration in that MERS promised to keep title in itself (for a fee you paid of $6.95 at closing), but instead it transferred that title to others.  Then, arguing the Kesler reasoning (
Landmark National Bank v. Kesler, 216 P.3D 158 (Kansas, 2009)) and Southwest Homes reasoning in Mortgage Electronic Registration System, Inc. v. Southwest Homes of Arkansas, 08-1299 (Ark. 3/19/2009) (Ark., 2009), the lien is unperfected and must stripped. That would leave just a note which could be discharged. 

     Good luck on your better economic decision.
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Strategic Bankruptcy Option - Neil Garfield Esq.

Strategic Comment: There are two ways for you stop foreclosure, sale and eviction dead in its tracks. One is to file bankruptcy under Chapter 13 which is an opportunity for debtors to reorganize their payments to creditors.

  • An automatic stay goes into effect immediately upon filing with the Bankruptcy Court. Creditors who say or do anything in furtherance of collecting a debt are committing a federal crime from the moment it is filed, whether they know about it or not.
  • However, the payments include fees to the Court and Trustee which exceeds 10% of what you pay into the Court for the benefit of your creditors, so since you are strapped for cash it further impedes your ability to work out a realistic plan.
  • Also for secured debts like mortgages, the lender can come into Bankruptcy court and ask the court to lift the automatic stay which in the past has been routinely granted and for the most part still is, UNLESS YOU DO SOMETHING ELSE.
  • YOU SHOULD ALSO NAME, AS THE CREDITOR, THE ORIGINAL LENDER, and state the amount of the loan as a contingent liability to them. The fact is, in most cases, you have not been presented with proof of transfer of anything, nor seen any assignment, or what rights or obligations were picked up in transactions after your closing by third parties who own the servicing rights, or the mortgage or the note. The Trustee or other party coming into court or posting notices of sale on your property probably is getting his/her marching orders from someone who either doesn’t have or can’t prove they know the amounts you paid, to whom or what is currently due. PLACE THE BURDEN WHERE IT BELONGS — ON THEM.
  • Then you should state the present mortgage servicing entity to whom you are now sending your payments (this applies only where the loan has been sold which is true in 95% of the cases) as a contingent liability in an unknown or unliquidated amount.
  • Then you should add a creditor “john Doe” as also an unknown unliquidated debt as the possible owner of a security under which he has ownership of the mortgage and note.
  • Then you should file an adversary proceeding or action under TILA, RESPA, fraud etc. making all appropriate claims for rescission, refund of interest, points, loss of value in the property etc.
If your case is handled in this way there is a higher probability that you will survive the motion for lifting of the stay as the movant will have to prove the chain of title and authority on the mortgage and note, thus giving rise the the issue of legal standing for them to standing in the courtroom at all.
The second option, if you are faced with foreclosure, sale or eviction is just file the TILA action in Federal court and then go the State Court and ask the State Court to issue a stay because there is pending litigation in Federal Court. Usually State Court judges are more than happy to get the matter off their desks and thus grant your motion for stay, but they might not be under no obligation to do so.
Remember that whether you go straight into Federal Civil Court or Federal bankruptcy Court, which is a different division, and you are NOT represented by counsel, the Judge must do the legal research himself to determine the merit of your claims. If you are represented by counsel you need to make damn sure he knows what he is doing. Most bankruptcy lawyers don’t know an adversary proceeding or TILA action from egg on the wall. They have no experience with it. Very few lawyers or judges know this area since it only became important in the last couple of years.
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