Posts Tagged ‘foreclosure mill attorneys’
Response to Florida’s Attorney General Appeal in Foreclosure Mill Case
Author: Matthew D. Weidner, Esq.
Florida’s new Attorney General is continuing in the epic battle on behalf of all Floridians in this Foreclosure War.
A little background from the Palm Beach Post here.
But the real good stuff is in the pleadings that are filed in the court cases. These are tough times, but it certainly is encouraging to know that Florida’s Attorney General is working hard to fight for Floridian’s rights. Please read the documents and come to your own conclusions about the legal issues involved and especially the response to the appeal that was just filed by foreclosure mill Shapiro Fishman’s attorneys. This is a key battle, but regardless of the ultimate decision in this case, I think some of the most important issues are already laid out in the appeal.
If Florida’s Attorney General cannot investigate law firms, then who in God’s name can?
If these kinds of arguments prevail then we’re in far worse trouble than we already are….I hope our Appellate Courts recognize the gravity of these issues.
Notary Fraud, Signature Fraud, Foreclosure Fraud, Corruption in Our Courts
Author: MattWeidner
A potent mix of frustration and anger is brewing once again in this country because the well-heeled monied interests, Fat Cat Bankers and Shyster Attorneys have once again gotten caught sticking it to normal Americans. Ignoring the rules with an arrogance that would be astonishing if we all were not so used to it by now.
In the midst of this brewing storm and calls from Congress and Attorneys General from several states, Florida’s top court, the Florida Supreme Court punched the whistle blowers straight in the face with a staff-level letter that essentially said,
“GO MIND YOUR OWN BUSINESS CONGRESSMAN, WE DON’T CARE ABOUT YOUR CONCERNS. CALL THE FLORIDA BAR, MAYBE THEY’LL CARE!”
(Not a peep out of the Florida Bar….yet. [Ever?])
Well now in an incredibly ironic turn of events, just days after the blow off letter was issued, the perpetrators of the fraud the Congressman complained of have been forced to acknowledge their misdeeds. Trial court judges can ignore the problems, even the Supreme Court can ignore the problems, but the title insurance companies that are holding the bag for all of this have essentially confirmed what Congressman Grayson and Attorneys General from several states are complaining about.
The title industry is reeling, real estate is collapsing and there is a profound and pervasive crisis in confidence that has swept across this country because our courts have lost the respect they would have been entitled to had they taken an authoritative role in this crisis. Instead, our courts (Trial, Appellate, Supreme) they’ve abdicated their responsibilities and turned the keys to the courthouses over to the Wall Street Fraudsters and their attorneys. You see this everyday in the reckless, unfair and prejudiced Rocket Docket proceedings which are effectively run by the foreclosure mills, for the foreclosure mills. Their attorneys don’t even bother to show up to hearings. Sometimes they call in by phone. Sometimes, judges just enter Summary Judgments even when no one is there in person or on the phone.
Just think about this nugget. I’ve been going to Summary Judgment Hearings for years now. I’ve seen thousands of Summary Judgment hearings in courtrooms all across this state. I cannot remember but a handful of cases where there was an attorney present for one of the foreclosure mills that actually had a copy of the case file with them. That’s right. They show up to court with nothing. No file, no documents, no evidence. At best they’ve got a spreadsheet, a print out from a computer. And yet they stand there or call in demanding that the judges sign Orders throwing people into the streets.
THE REAL SCANDAL HERE IS THAT OUR JUDGES SIGN THOSE ORDERS…HUNDREDS OF THOUSANDS OF THEM
I want our press to see this and record this and broadcast this. I want to see video cameras in these foreclosure rocket dockets. Shine the light on the empty-handed foreclosure mill attorneys or the no-show attorneys or the telephone attorneys. (How do we even know who’s on the phone?)
Let’s hope the press keeps up the heat on this, but no one will be able to put the lid on the bubbling cauldron of fraud, lies and deceit that are found in foreclosure courtrooms across this country anymore.
DECLARATION OF WAR!- Foreclosure Mill Lashes Out At Judge
Author: MattWeidner
Just last month, Manatee County Judge Jannette Dunneigan held a two hour long contempt hearing where she laid out, in detailed, methodical judge like fashion how the mistakes, errors and ethical transgressions of foreclosure mill Smith Hiatt and Diaz had cost the court and other parties involved in a foreclosure case tens of thousands of dollars. The judge cited case after case and specific example after specific example where the firm just ignored hearings that were set and repeatedly ignored the rules of the court.
The only response offered by Roy Diaz, the partner that appeared, was essentially, “Your honor, we’re a volume foreclosure mill and we cannot be expected to follow the rules of professional conduct, make all our hearings or follow the orders of the court.” The thing that I found most disturbing about the whole affair is the fact that this senior partner failed and refused to stand up and defend the young lawyers that worked for him and that are now the subject of civil contempt proceedings….with the possibility of indirect criminal contempt left open. I do not believe for one moment that the judge would have sanctioned the young lawyers, severe and very serious proceedings that will forever damage their careers, if that senior partner would have done the honorable thing and said,
“Your honor, it’s my firm and this is my responsibility. Would you please spare these young lawyers who have their whole careers in front of them and direct all the penalties at myself and the senior attorneys?”
I kept expecting to hear something like that out of the lawyer, because that would have been the honorable and correct thing to do, but not one word came out of his mouth. Instead, he let these youngsters hang up there twisting in the wind for ethical violations that his firm created and that they too are victims of. Now the firm is lashing back at the judge and these young lawyers are in the fight of their legal careers….before their careers have even gotten off the ground. This should stand as a word of warning and a lesson to all you young foreclosure mill attorneys out there….especially in light of the Attorney General investigations. Remember, you have all signed the pleadings and submitted the evidence which is now acknowledged as violating the Rules of Professional Responsibility. When this all comes crashing down, are you superiors going to stand up and protect you or will they let you twist in the wind as well?
This is a shameful and dangerous game this firm is playing with a judge who means business in a county that is working to protect taxpayers from the financial abuses of these foreclosure mills and defendants from the particular abuses that they suffer. We can only hope that the judges of this circuit and the appellate judges will have the courage to continue with this fight. And as for the young lawyers that are going back again into the slaughter….you’re just collateral damage….caught in the crossfire.
Avoiding the Rush To Bankruptcy Court- Nye Lavalle
Author: Matthew D. Weidner, Esq.
The following is an article from Nye Lavalle. Because I share many of the thoughts expressed, I also wanted to share the article with you. ( I especially like the Ronald Reagan quote at the end….one of my favorites.) I refer my clients to one bankruptcy attorney (Jessie Berkowitz) although to be honest, there have been very few clients referred to him exclusively because of foreclosure because quite frankly, the banks never can get through me with the state court action. Early in the fight I thought I would be delaying sales and final judgment for a few months then referring to bankruptcy counsel to stop the sale, but as the fraud and abuses unfolded, I have never had a client that needed bankruptcy to stop a sale….
Dear friends and colleagues,
After a few weeks of dealing with incompetent bankruptcy counsel and a major victory for us today in a complex case where bankruptcy counsel and sold their client under the bus as well as another case in FLA that irks me, I decided to pen an article about how many bankruptcy lawyers are part of the “game” and are selling their clients under the bus to the foreclosure mill attorneys who they have become to chummy with.
Please read and feel free to publish!
Nye
THE GOLD-RUSH TO BANKRUPTCY BORROWERS BEWARE!!!
Many Consumer Bankruptcy Lawyers Are In On “The Game” Colluding With Foreclosure Mills To Sell-Out Their Clients… Far too often, borrowers rush to bankruptcy to fight or stall a foreclosure action rather than fight the action in state court. In the state of Georgia, a non-judicial foreclosure state, many borrowers go directly into bankruptcy rather than seek a TRO and fight the banks first. Bankruptcy courts should be your last resort, not your first! In fact, we have been 1000% successful with the lawyers we work with in Georgia in obtaining TROs over the past few years and have kept people in their properties for over 3-years, even after eviction. We’ve taken cases all the way to the GA Supreme Court where the court ruled that even after foreclosure and eviction, we have a right to sue the lender for unlawful foreclosure, fraud, and other torts! This same approach applies to judicial foreclosure in states like Florida, South Carolina, New York, and Illinois. DO NOT GO DIRECTLY TO BANKRUPTCY! Fight the foreclosure action first! In the vast majority of cases, you will have serious grounds and defenses. Fight first and go to bankruptcy last. Now, if you decide that bankruptcy is your best or only option, then please read the remainder of this article carefully before you select a bankruptcy lawyer to represent you.
Several years ago, I met with a female friend in Atlanta who was a bankruptcy attorney looking for new business. I told her about all the new and wonderful defenses and attacks she could have in Federal Bankruptcy Court and how she could become a leader in fighting the banks. Mind you, this was before our good friend and colleague, Max Gardner, started his great bankruptcy boot camps. (http://www.maxbankruptcybootcamp.com/) I was attempting to giver her the opportunity to be a forerunner and leader in battling foreclosure, mortgage servicing, and securitizations fraud in bankruptcy court. She was a bit intrigued and arranged a meeting with her partner and another litigator at my conference room in Atlanta. They came in one afternoon and for three hours, I educated them about all the frauds, abuses, and scams and how these pretender lenders were not secured creditors and how the foreclosure mills and servicers simply made up account and servicing records as well as assignments. After my lengthy presentation and a bit of give and take, she told me that what I found was wonderful and that she wished they could use my strategies. When I inquired as to why she could not use them, she turned to me and said, “in all honesty Nye, these are all great ideas and strategies and we could fight these things tooth and nail with what you have. However, the reality is that we need to get these folks in and out of bankruptcy as soon as is practically possible. I also need to keep my relationships with the foreclosure mill firms in order that they will work with me on future workouts with other clients. If I take it to the mat with one client and fight hard and win, the foreclosure mill firms will blackball me and not work with me in the future. That will hurt what we do for all our other clients. We need to work and get along with the banks and their lawyers. That’s just the process and the system.” Needless to say – - I was dumbfounded, but alarmed nonetheless when she added “well, they owe the money to someone, so I am just trying to help them get on with their lives.” She explained that it was pretty much a flat fee factory like operation and what I was asking her to do was to do real legal work that she would never get paid for nor that her clients could ever afford since they had no money and that’s why they went bankrupt.
I tell you this story in that despite the numerous revelations and positive court rulings in the past year, especially in Federal bankruptcy courts, the mindset and practices of many consumer bankruptcy lawyers and firms are still the same. Many lawyers still think the best line of attack is to get their clients in and out while forgetting about the law, the borrower’s rights, due process, standing or if in fact, the borrower owes the money or if the obligation is secured. Their marching mantra is file and push paper as fast as you can and don’t call a fraud a fraud since you need to get along with your colleagues on the other side. If you think I am joking about this, I am not. Most recently in several cases of friends, family, clients, and partners, I have come across incompetent and even arrogant bankruptcy counsel who didn’t want to talk to me or investigate the real facts of their own bankruptcy case. When I analyzed the records in their court files, I found there were backdated assignments; allonges not attached or lawfully executed; assignments dated months after the foreclosure, bankrupt and non-existent mortgage companies and banks bringing about the foreclosure and bankruptcy; and a plethora of other issues.
In one case in the South, a bankruptcy firm had advised the borrower, who owned multiple properties, that he needed to go ahead and take default judgments on over $15 million worth of property since he didn’t have any claims or defenses. Once they got the judgments, the firm would “work out a plan” pre-bankruptcy wherein the client would pay a substantial portion of the deficiency. The bankruptcy lawyer and firm told this man to take judgments without reviewing the papers or the pleadings to see the obvious fact that in the foreclosure actions, the assignments of mortgage to the alleged creditors came weeks to several months after the actions were commenced. In other words, they said he had no defenses when in fact, the mortgage companies had no right to be in court whatsoever since they didn’t have standing on the date they filed each action. After we got involved, we got the foreclosure sale stopped with the simple filing of a motion for fraud on the court without ever having a hearing. This was done just days before the scheduled foreclosure sale after default judgment. The lawyer we worked with simply filed a motion to vacate judgment for fraud upon the court at 4:15 PM on a Wednesday afternoon that was faxed to opposing counsel at 4:45 PM. Opposing counsel received the motion and immediately called the borrower’s attorney at 5:15PM screaming and hollering about the borrower’s new attorney calling the foreclosure mill attorney, who verified the complaint with his signature, a fraudster. After the borrower’s attorney went over the complaint line-by-line with the foreclosure mill attorney and then asked him to look at the assignment, dated months later, the foreclosure mill attorney agreed to stop the foreclosure and “vacate” the judgment. Not-so-fast! Why would the borrower’s new attorney vacate the judgment when we had the lawyer, his firm, and client on the hook for fraud upon the court? When we refused to allow an easy vacating of the judgment and decided to push the matter before the judge, the borrower’s bankruptcy lawyer came whining and crying to the borrower’s new foreclosure counsel. “You can’t do this, I have to work with these people. How dare we call his friend (the foreclosure mill lawyer) a fraudster,” he said. He added… “I know this man and he’s a good man. You’re going to damage the borrower’s ability to do a work out with him and that’s not the way we do these things.”
Did you read the above carefully? The borrower’s own bankruptcy lawyer, that he had paid tens of thousands to, complained and whined to the borrower’s new foreclosure attorney for doing the right thing in calling out the fraud. A fraud, that not only had the bankruptcy lawyer chosen to ignore, but told his client he had no defenses to and to take a default judgment so the bankruptcy attorney could work it out with his friend, the “friendly” foreclosure mill lawyer!” Would you want this man in your foxhole? Certainly, not I! The borrower’s foreclosure attorney promptly informed the bankruptcy attorney to stay out of it, that he had mal-practiced enough already. In fact, in meeting with mal-practice lawyers and specialists afterwards, they all agreed that any lawyer practicing bankruptcy today, let alone a lawyer practicing foreclosure defense, who chooses to ignore and challenge the frauds that are obvious from a simple reading of the pleadings, would be liable for mal-practice claims. In another recent case here in Florida, I found a totally “blank” affidavit supporting a motion for summary judgment of over $4 million loan. The foreclosure mill, Albertelli in Florida, put forth the affidavit with the name on the affidavit in blank; the title of the executive in blank; the signature and witness name lines in blank; and last, but certainly not least, the notary stamp space and notarization in blank as well. This was an alleged $4 million note! The affidavit stated that Washington Mutual Bank F.A. was the owner, but they’ve been out of business now for a few years. When we made a phone call to Chase, the servicer, they claimed that Chase owned the note and that the original note was in their custodial files. Yet, in the foreclosure action, Washington Mutual’s lawyers claimed they filed the “original note” with the court, when in fact it was far from the original, according to Chase’s own representations. Yet, despite these obvious facts, a judge ruled in favor of the summary judgment and the lawyer did not fight the obvious frauds aggressively. The lawyer said to his client, “well, you admit you owe the money to someone!” Now, this borrower is entering bankruptcy and his new lawyer tells him “well, the bankruptcy judges in this district don’t take kindly to these types of arguments and the reliefs of stay are typically perfunctory. You’re can’t argue for a free house, the judge’s won’t listen to that argument.” These incompetent lawyers don’t get our point or arguments.
None of us are saying that our clients don’t owe any money or that they want a free house – - even though on some occasions this is a valid “legal” argument. What we are promulgating is the position that yes, there is money owed to an unknown lender as defined in the note. However, the amount owed, after damages to the borrower and payments by third parties to the note are accounted for; as well as equity needs to be determined by the judge. Then, this debt needs to be declared an un-secured debt. With what we know today, every bankruptcy lawyer must analyze the facts and if there are questions or fact issues surrounding the assignment, note, allonge, perfection of lien, standing of a securitized trust, and other related issues, you must list the alleged note obligation as a contested “un-secured” debt. The debt listed should be of an unknown amount due to Does and Roes to be determined. This places the burden of proof upon the pretender lender/creditor and makes then prove up their secured status via evidence and testimony you can attack. Far too many lawyers are lazy and don’t want to rock the boat or push the envelope. They’re content in the ways things have been done for a dozen or more years and are concerned more about their money and time, rather than your home, life, and property. Stay away from those types of lawyers! Find lawyers like Tom Ice, Matt Weidner, Max Gardner, April Charney and others who wear their hearts on their sleeves and will go to war for you, not the lawyer that only says “show me the money!” As for bankruptcy lawyers, I would not choose a bankruptcy lawyer that has not been trained in one of Max’s bankruptcy boot camps.
To find such a lawyer go to http://www.maxbankruptcybootcamp.com/find-graduates. In conclusion, I’m reminded of the old Ronald Regan quote with regards to the USSR and nuclear missile reduction, “trust, but verify.” Due to the massive amounts of fraud, forgery, and fabrication of evidence in today’s mortgage market, the mantra for every consumer foreclosure and bankruptcy attorney should be distrust every document, signature, and figure a mortgage servicer or lender gives you and make them verify, validate, and prove each signature, amount, claim and allegation. Ignoring or doing otherwise may subject a lawyer to potential malpractice claims. Nye Lavalle Pew Mortgage Institute mortgagefrauds@aol.com Permission to publish with proper attribution.
Two New Court Orders- This conduct..demonstrated utter disregard and disrespect for the court…..
Author: Matthew D. Weidner, Esq.
Contempt-noun \kən-ˈtem(p)t\ – an open disrespect or willful disobedience of the authority of a court of law or legislative body
On Monday, August 30, 2010 in Manatee County, the Honorable Jannette Dunnigan will hold a hearing to determine whether to hold a foreclosure mill attorney guilty of contempt for the court.
I encourage everyone to read the Motion for Contempt Memo attached here . Anyone outside the foreclosure alternative universe would not believe the conduct detailed in the memo would be allowed to occur and what’s most disturbing is that it happens over and over and over and over again every single day in courtrooms all across the state. I just don’t get it….I mean we’re all going to make errors from time to time, but the amount of taxpayer dollars that our clerks and judges spend waiting on phones for the foreclosure mill attorneys just makes me furious. In fact,
The conduct demonstrates utter disregard and disrespect for the court, causes time and money for the other parties who have appeared in this case
The foreclosure mill attorneys have been invited to a little hearing to explain themselves and just to make sure they get the importance of attendance at this event…..the judge writes..
FAILURE TO ATTEND MAY RESULT IN SANCTIONS….INCLUDING INCARCERATION AS DEEMED APPROPRIATE
Theoretically at least, the court is open to the public. I say theoretically because even though the Florida Constitution and Federal Constitution demand that courts be open to the public, courts across the state are ignoring such pesky little details and forbidding taxpayers and citizens from observing these proceedings.
I imagine this judge respects those little things called the Constitutions and I think it would be a powerful statement for normal people and the press to show up for this hearing.
I’ll be there…hope to see all of you!
And just for kicks here’s a recent Order from a judge who has apparently had it with the nonsense from the mills.
And again, the most striking thing about the Order is the same order could entered tens of thousands of times across this state……
Excellent National Article That is an Indictment of The Florida Foreclosure Process
Author: Matthew D. Weidner, Esq.
It is critical to note that the court process that has developed in Florida is being maligned and properly criticized by national observers…read on:
The facts are that about 95% of the Florida foreclosure cases get slam dunked without so much as a whimper from anyone. The foreclosure mills don’t even come into court to get their summary judgments, they just call them in. Actually, they get the judges to call them. You see these mill lawyers are very busy beavers and court and due process and proper evidence are just nuisances that should be avoided at all cost. So the most time a “mill” lawyer has to spend on a foreclosure case is about 90 seconds on a call in to the judge’s chambers…yup, not even in open court. Today, in America, a consumer can lose a home over the phone. This reminds me of the old TV show called “Dialing for Dollars” but this time in reverse. Now the mills are still dialing in for dollars but also securing an order of foreclosure at the same time. And, by the way, I could possibly agree to own a foreclosure or bankruptcy mill if the firm made $2,500.00 for 90 seconds of “real lawyer” work. It is not bad money if you can get away with and still sleep at night. I have trouble sleeping anyway so this would never work for me.
I don’t like that our courts have become a national joke in the midst of this foreclosure catastrophe. The phenomena of a nameless voice on the other end of a phone dialing in for hearings really disturbs me. I really wish more press and advocates were watching and documenting just how absurd the process is. I find it especially disturbing that mill attorneys from across town don’t find it compelling enough to attend these hearings in person and that our judges and their staff spend their day juggling phones in favor of these mills.
Really insulting was a recent phone in hearing where the foreclosure mill attorney asked to have the argument repeated because he had just returned from the bathroom and had missed the argument….yes, this occurs in an American courtroom.
Read the full article here.
