Matt Weidner – Fighting For The American People

Posts Tagged ‘Indymac v Davis’

I spend a lot of time on this blog talking about what is wrong and frankly not enough time talking about what things are right.  For those of you who seek information about yesterday’s trial, Indymac v. Davis. At this point in time, I can report that the case was resolved in a manner that was agreeable to both parties.

Above and beyond that I want to acknowledge the great professionalism demonstrated by Robert Kahane, Marie Montefusco and Laura Carbo, from the firm of Kahane and Associates.  Yes, I am a vocal and frequent critic of much of what goes on in foreclosure cases. Particularly in the heat of battle it may be difficult to acknowledge when good, ethical and professional work is being done by the opponents and their lawyers, but when it is done, it deserves to be recognized and respected. This firm fought hard and tough for their client, and at the end of the day their client and the firm worked very hard to come up with a practical and real world solution.

I especially want to recognize the personal attention and hours of personal attention devoted to this file but Robert Kahane, the lead attorney for the firm.  It says quite a bit about the firm when the named attorney personally devoted as much time to a file as this attorney did.  The plaintiffs in the hundreds of thousands of foreclosure cases pending across the state would be far better served to have a firm like Kahane’s putting their full weight into the files.  The Florida Legislature and courts have devoted millions of dollars and untold resources to establish platforms for the resolution of foreclosure cases…such resolutions are going to be directly dependent upon the lawyers representing both sides to work together for the benefit of both their clients.

I’m very pleased with the outcome in this case, and have learned important life and professional lessons as a result of the experience.  I will endeavor to be even more fully engaged and involved in each of my files and devote whatever time it takes to pursue exhaust all settlement opportunities at all times.  I will always carefully examine my conduct and that of my attorneys and staff to make sure we are fulfilling every one of our important obligations to the court and to the judges who ultimately supervise these cases.  At the end of the day, an advocate has an absolute obligation to earn the respect of the judge and the court every single time he or she appears in the courtroom.

For advocates and clients alike, on a very practical basis, I encourage every one of you to keep very accurate and detailed notes of dates, times and events, especially as it relates to attempts to obtain modifications and otherwise settle.  Even if you’ve tried and tried again and again, we’ve all got an obligation to keep on trying.  Keep submitting the paperwork, keep making those phone calls, keep responding to every single request from the lender.  The requirements that the Plaintiffs in these cases are operating under change on a regular basis and many of the requirements are simply out of their control.

Finally, I want to express sincere thanks to all the attorneys and staff that provided direct and invaluable assistance in this case.  Most especially, Mark Stopa and Jon Coats who sat with me through trial.  These are two excellent attorneys who practice exceptional foreclosure defense.  I also want to thank all the JEDTIS, April Charney  and Ice Legal for their input and practical advice.

The fight goes on!

Today’s front page article in the St. Petersburg Times drives home the very important point that this circuit and this community is standing up and taking serious notice of the absurd and abusive practices of the foreclosure mills.

Read the full article here.

IMPORTANT, PLEASE READ THE STORY THEN LOG IN AND LEAVE COMMENTS TO THE STORY…WE NEED THE EDITORS AND DECISION MAKERS TO KNOW THAT THESE STORIES ARE IMPORTANT, THAT PEOPLE ARE READING THEM AND FEEL PASSIONATELY ABOUT THEM. PROPER PRESS COVERAGE IS A KEY ELEMENT IN THIS WAR AND EVERYONE CAN DO A PART BY COMMENTING ON THE STORY!

The abuses of these Plaintiffs continue to be driven home the more we push into these cases.  Despite good faith efforts to resolve one of the most important foreclosure cases pending in Pinellas County and perhaps the entire state, Indymac v. Davis, it appears that this case is indeed going to trial.

We will put on full display the very real abuses and questionable tactics employed by these Plaintiffs all across the country.  When this is concluded, the full specter of these abuses will be displayed for all the world to see. Stay tuned and for every attorney and advocate who is involved with Indymac litigation, be prepared for an avalanche of evidence and testimony that will be incredibly valuable in your cases.

KEEP UP THE GOOD, THE HONORABLE AND THE ETHICAL FIGHT!

The leaders of a growing movement that is dedicated to protecting homeowners who are in foreclosure concluded an important meeting in Boca Raton on Thursday June 24, 2010. Over the next several weeks, important developments from this meeting will be announced including:

Renewed Efforts to Share Legal Research, Pleadings and Case Strategies

Bi-Weekly Conference Calls

Legislative and Political Outreach Initiatives

Trial and Critical Motion Support and Attendance

Appellate Case Development, Drafting and Oral Argument Support

Effective Practice Building Procedures- There are too many consumers that still go unrepresented and this will change. This deprives them of their rights and places additional burdens on our judges. We’re all going to work together to make sure that every consumer has the resources and information they need to fight the critical battles they face.

The list serves and other groups we’re all part of have been absolutely invaluable to elevate the practice of this area of the law, but these new efforts will help us all to take this practice area to a whole new level.

If lenders and their attorneys do not start negotiating in good faith, the next phase of this wave of litigation will be trials.  Given the significant evidentiary and other issues that exist, I am convinced that trials will be unwinnable for the majority of foreclosing plaintiffs. The members of the ethical and responsible foreclosure defense bar now recognize that every case must be prepared for trial and appeal beginning with the very first motion filed.

Mark Your Calendars Now, Upcoming Events Include:

Motion to Dismiss/Motion In Liminie/Motion to Substitute Party Plaintiff- The facts in this case and the tactics being developed have application to thousands of cases pending across the state.  Members of the defense bar are encouraged to help prepare ahead of time, then come watch these proceedings to see how the tactics can be applied in your cases.

Indymac v. Davis ~ Chambers of Judge Kathleen Hessinger ~ Pinellas County – 7/8/2010 – 1:30

Mortgage Foreclosure Trial- There have been very few full mortgage foreclosure trials in recent history but that’s all going to change in the months and years to come because if lenders refuse to negotiate in good faith, we will be prepared to take these cases to trial.  Come watch this trial for insight into the exciting new era of foreclosure defense.

Indymac v. Davis ~ Chambers of Judge Kathleen Hessinger ~ Pinellas County – 7/12/2010 – 1:30

Taylor v. Deutsche Bank Fifth Circuit Appeal Oral Arguments- It is increasingly obvious that many of the complex issues that confront our this area of the law will be resolved not in the trial courts, but in the appellate courts.  These oral arguments will be streamed live so even if you cannot attend in person, you will have the opportunity to watch the proceedings live!  I’m honored to make these arguments by my friend and fellow warrior Greg Clark.  We will be holding several Mock Trials in the next several weeks, so stay tuned for more information about these exciting events as well.

Before the Fifth Circuit Court of Appeals ~ Volusia County- 7/15/2010

We’re all grateful to the Florida Bar for their support and for allowing us to participate in such a meaningful way at our profession’s marquee event.  The message has been delivered and received loud and clear- the crucial problems faced by our judicial branch will be solved by ethical and responsible attorneys working together to serve our clients and the courts we serve.  If you’re in town today, don’t forget to come by the Foreclosure Hamlet meeting room where hundreds of consumers and experts from a variety of fields will make presentations and present networking opportunities.