Posts Tagged ‘foreclosure defense attorneys’

The Fannie/Freddie Foreclosure Attorney Cabal Eliminated…PROFOUND IMPLICATIONS….

Hot off the presses from the Florida Daily Business Review is a very interesting article that has some important facts buried underneath.  You’ve really got to read the article and consider the statements that are made in the article.  The comments strike to the very deepest heart of virtually foreclosure case in this state and will provide a rich source of very important questions that attorneys, policy makers and legislators and especially our entire court system must be asking.
The bottom line is this….mediation has failed and foreclosures and our courts remain in chaos and a key issue underlying all of this is the inability of anyone to get a straight answer out of the plaintiffs, lenders, servicers, owner, holder, person entitled to enforce.
I know the Dark Side got all in a hissy and objected to the characterization of their industry as a game of Chutes and Ladders, but it’s a fair and frankly easy to grasp explanation of what’s wrong with our entire, banking, finance, government and legal system.  But Chutes and Ladders was actually stolen from another game called, Snakes and Ladders a far more appropriate description of the state of affairs.
Old Lists of Approved Foreclosure Attorneys Eliminated 
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Old lists of approved foreclosure attorneys eliminated

Foreclosure law firms say it will take time to see the effects of a policy change by the Federal Housing Finance Agency that phased out lists of pre-approved law firms allowed to handle foreclosure cases for Fannie Mae and Freddie Mac.

‘Race To The Bottom’

Foreclosure defense attorneys greeted the news favorably. They have complained bitterly about the quality of Fannie and Freddie attorneys and placed some of the blame for documentation problems on the agencies.

“It’s high time somebody does something,” said Matt Weidner of the St. Petersburg-based Foreclosure Law Offices of Matt Weidner. “The centralization of this poor legal work was a big part of the problem. The race to the bottom on ethics and legal accuracy and the profit model is a big part of the overall problem.”

Already, he said he has seen Fannie Mae and Freddie Mac pulling back from cases and more involvement by lenders and services.

“By decentralizing and putting the cases in the hands of lawyers that have decision-making power and communication with their clients, the banks, we are seeing actual decision-making. You can actually get someone on the phone.”

Banks with Fannie and Freddie files can now farm them out to smaller law firms “with better models,” Weidner said. Foreclosure law firms say it will take time to see the effects of a policy change by the Federal Housing Finance Agency that phased out lists of pre-approved law firms allowed to handle foreclosure cases for Fannie Mae and Freddie Mac.

DAILY BUSINESS REVIEW

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Provest Warns- Foreclosure Defense Attorneys Are on the Lookout!

Process-of-ServiceAttached to a lawsuit filed in the public records is the fantastic document that is attached below.  The fact of the matter is there is/was an epidemic of faulty or flawed service of process all across the State of Florida and we will all be paying the price for this in the decades to come.

Proper service of process is the very foundation of our entire civil legal system.  And flawed service of process is makes our entire legal system vulnerable.  Keep in mind that flawed service of process renders an entire judgment void.

But the real interesting thing is this memo…..

provest

 

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THE INSANITY OF FORECLOSURE- PLEASE READ THIS STORY AND PASS ALONG!

business-foreclosureOn Monday morning, I started my week ready to do battle with all the insanity and nonsense that is regularly pulled by the banks and their attorneys. It’s like groundhog day and it makes me furious to make the same arguments over and over and over again.  I am not a “FREE HOUSE” attorney.  I want to resolve cases in practical and constructive ways.  I feel an obligation to work with the opposing party and to try to hammer out compromise for my clients.  But the banks are not willing to work with Americans.

The same banks that took billions of dollars from taxpayers are not willing to work with their benefactors to negotiate good faith solutions. And that makes me angry.  Day after day, week after week, month after month and now year after year, it’s the same damn frustrating story.  The banks are bullies and they are pushing around the very people that saved their collective arses.

Legislators, policy makers and uniformed loudmouths blame borrowers, blame defense attorneys and even blame our courts and judges for the slow pace of foreclosures and the chaos that clogs our courtrooms.  Everyone…and not just these people…need to wake up and understand that the banks have got to be held to account first for the reckless policies that got all this mess started and then for their abject failures.

The courts are owned by The People of this country, not the corporations.  It’s long time that Americans stand up and demand that these reckless corporations stop abusing our courts and stop abusing the taxpayers that they haul into courts.

We need to support our courts. As lawyers especially, we need to demand properly funded courts that serve the larger good.  The citizens of Pinellas County in particular need to understand just how hard the elected judges work and how, time and time again, these judges push lawyers through their paces and in doing so, elevate the profession in the middle of this mess.

But about this story…I was in the courtroom the morning of this hearing….I watched it unfold…it was more frustrating than words can even describe.  The defendant there was not a deadbeat….not by any stretch of the imagination…this is a guy who has probably worked his butt off 24 hours a day for his whole life…only to be pushed around by the banks….good for him for fighting back….

Here is his story:

Saji Mathew missed the Oct. 12 mortgage payment on the Mobil gas station he co-owns.

On Oct. 13, he took the money to the bank, thinking that would make things right.

He tried to make his November and December payments as well. But each time, BB&T kicked back his money.

Ten months later, Mathew is still trying to pay. In circuit court on Tuesday, he offered BB&T $50,000, the total amount due since October.

BB&T didn’t want the money.

ST. PETERSBURG TIMES STORY

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A Most Amazing Change That Swept Across America…starting in Florida

foreclosuresYears ago a dedicated small group of passionately committed public service attorneys got together and began defending homeowners who were in foreclosure.  During those early years, America’s economy was “booming”, most people appeared to be doing well and the people impacted by foreclosure were legal aid clients at the bottom of the economic and social ladder.

In 2007-2010, the universe of homeowners who were impacted by foreclosure expanded exponentially as the entire American economy collapsed.  The clients impacted by foreclosure were no longer just the clients of the dedicated legal aid attorneys, they were middle class Americans all across this country.  These middle class clients began seeking out the advice of private attorneys.  Building upon the foundation laid by legal aid, private attorneys all across this country began directing the kind of high-level legal analysis at foreclosure cases that was usually reserved for tall building lawyers with unlimited legal budgets.

The most extraordinary work that has been done by foreclosure defense attorneys all across this country is all the more extraordinary because it represents the selfless collaboration of attorneys who put the interests of the larger public above their own personal interests.  They worked together, sharing and supporting, standing up for one another and for each other’s clients.  The work done in the area of foreclosure defense represents the very highest values of the practice of law….not the much maligned version of the law, but the true heart and soul of the practice…..professionals who took an oath to serve their clients and protect their communities.  What has been the cumulative impact of all this?  Read below:

The judicial state of Florida, where the housing market is no better, has seen a much greater drop-off in filings over the past year, down 62%. It now has the eighth highest foreclosure rate, of one filing for every 461 households. A year ago, it was in the top four…

How many millions of Floridians were served by the work of these committed attorneys?  How many families stayed together and did not suffer the trauma of forced displacement?  How many children stayed safe in their homes because attorneys stood together and fought for their rights?

Now consider for a moment what would have happened if attorneys failed to answer the call.  If attorneys put the almighty billable hour before the far more important issues like the integrity of our court system or due process.  If attorneys turned away clients because they couldn’t afford the typical up front retainer fees.  If attorneys failed to fight for the rights of the poor and unfortunate.

Read more and consider the full picture….

CNN MONEY

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The United States is a Death Machine….

The financial system in the United States is in ruin.  We exist today in a sort of extended, suspended animation.  Real wages, i.e. the actual money that Americans put in their pocket after taxes and other costs do not come close to supporting the lifestyle we’ve all become accustomed to.  We cannot afford the cars, the clothes, the home, the food so they’re all purchased on credit.  The credit soaks up more and more of the real wage so at the end of the month there really is nothing left.  And yet, because somewhere between 60%-70% of our entire economy is based on consumer spending, we all need to continue spending so that the rest of us continue to have the jobs that are predicated on that consumer spending.  Great system, huh?

Now if you’ve read this blog for any amount of time, you know I’m the strongest supporter of our military.  I will consult with any active duty military for free and I have made a commitment to make sure that no member of our military in Florida has to face foreclosure without an experienced foreclosure defense attorney on their side.

With my bona fides firmly in place it is critically important that all of America understand just how out of whack our military spending is when compared to the rest of the world.  Now one thing to keep in mind with military spending is that a huge percentage of the total spending goes toward actual wages or payroll that becomes part of the domestic product and even the spending on weapons systems and gear becomes part of the domestic economy, but the much bigger question is,

What if we had focused our military spending priorities on healthcare or education or anything else?

Now take a look at the graph below and just let it soak in.  Do you feel real safe in this country?  I feel safe in some respects, but I felt a whole lot safer in Costa Rica, a country with no standing army.  Even though they have no standing army, I’m fairly certain Costa Ricans are not too vulnerable to a terrorist attack….

After you gaze upon the graphic, go onto Wikipedia and explore all aspects of our military spending policies….

The world’s top 5 largest military budgets in 2009. Figures sourced from SIPRI.

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Another Objective, Indepent Assault on MERS

NALTEAForget about what partisan like myself and other foreclosure defense attorneys say.  Ignore our honest, heartfelt pleas that we’re not just trying to defend the cases for our clients…we’re also trying to protect our courts and protect our system of private property ownership that has existed for 400 years. Ignore the representations that we have been trying to protect our land title system and our warning cries that MERS was destroying private property ownership in this country.

Listen to what the National Association of Land Title Examiners and Abstractors has to say:

NALTEA

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