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
[U]The frustration of being a foreclosure defense attorney[/B]

By Chip Parker, Jacksonville Consumer Attorney on Sep 3, 2009 in Foreclosure Defense

As a foreclosure defense attorney with offices in Daytona Beach and Jacksonville, Florida, there is no shortage of business. Years ago, I developed a business model that allows my firm to provide a service, the value of which far exceeds its expense, in a high demand field with little competition. To boot, it is the most gratifying work I have ever done in my 17 years as a lawyer, especially since my client, America’s middle class, is often overlooked in the legal community.

When I got into this practice, I received a kick-start from Jacksonville Area Legal Aid, and I pledged that my firm would keep a healthy percentage of my practice reserved for our community’s poorest citizens. For the past two years, we have consistently maintained a pro bono clientele of at least 10% of our foreclosure defense practice. Currently, that number stands at 37 homeowners. Furthermore, I have volunteered my time, serving on the Jacksonville City Counsel’s Foreclosure Task Force, which is aimed at finding local solutions to the foreclosure crisis.

So, what’s the problem?

I’m racked with guilt over turning people away. The reality is that the homeowner is placed at a serious disadvantage in the foreclosure process, and it takes tremendous energy and expense to take control of the litigation. Our foreclosure defense team consists of three lawyers, two paralegals, two legal assistants and a process management specialist. This highly specialized staff comes at a hefty price, and the reality is that our practice must also run like a business to stay ahead of the South Florida foreclosure mills.

However, I am deeply disturbed by the recent news that The Jacksonville City Counsel may be forced to cut funding to an important foreclosure defense project. Project House-Hold places two Jacksonville Area Legal Aid attorneys specializing in foreclosure defense in the heart of one of our hardest hit communities.

The project received about $175,000 from the city and $30,000 the Community Foundation in Jacksonville. However, the Times Union reports today that the city’s budget crisis may kill future support of the project. This is devastating news for local residents who may no longer receive the legal services vital to saving their homes.

My firm wants to help pick up the slack created by the city budget cuts, but we can only do so much. We only take pro bono referrals from legal aid organizations like JALA and often send potential clients there just to be referred back to our firm.

However, my bookkeeper reminds me that we cannot exceed our 10% pro bono ratio in order to expand and build our defense of the middle class. It feels like we’re on a life boat pulling people from the raging sea, but there’s only so much room.

Quote 0 0
Chip Parker,
I admire your effort! I hope history will show that a handful of lawyers exposed this fraud and fought the good fight. You should be very proud to count yourself as one of the few that can make a difference.
again you have my admiration.
Quote 0 0
    Being a lawyer with a conscience must be troubling. It troubles me to realize that the banks have been leveraging their capital by a factor of 100 to one. They have been doing this since 1968 when Congress removed the
20% gold reserve requirement for the issuance of Federal Reserve Notes.
    Even before 1968, they could leverage their capital 5 to one, which caused a mild inflation, and put the people in debt. This was counterbalanced
by the fact that Congress issued interest free US Notes and silver certificates so there was enough money in circulation so people could pay back their debts, including the interest.
    The magnitude of the bank fraud now is beyond comprehension. They were given the right by the Federal Reserve System to monetize the appraised value of real estate. That means they could create money out of
thin air and put the whole country in hock. Mathematically, such a system is
unsustainable and has to lead to a deflationary crash, which we are seeing
now. My view is that the whole banking system violated the US Constitution
and the original banking laws, which required banks to only lend what they
had on deposit or their own capital,after putting aside a certain reserve for
bad debts.
    The magnitude of the debts now is so huge, that they can never be paid
back. All the banks are so heavily leveraged that they are certain to fail and
no amount of government bailout can save them. Foreclosing debts that were created out of nothing should be stopped on the ground that the entire banking system was one big fraud, a Ponzi scheme, which sooner or later had to collapse.The solution is for Congress to reestablish a lawful monetary system and reissue debt free currency. Only Congress should have the authority to issue new money, not the banks.

Quote 0 0
Write a reply...