Posts Tagged ‘jon coats’
Foreclosure Trials- Lessons Learned
Author: Matthew D. Weidner, Esq.
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!
INDYMAC IS A FAILED CORPORATION- THEY SHOULD NOT BE ALLOWED TO CONTINUE IN LITIGATION!
Author: Matthew D. Weidner, Esq.
Keep up the good and honorable fight to protect homeowners like my 84 year old homeowner, Erice Davis. Fight the arrogant and out of control banks who continue to kick the weakest among us when they’re already down.
Fight to understand who really benefits if an elected circuit court judge throws their neighbor out on the streets. (Fat Cat Wall Street Bankers and foreign investors like Deutsche Bank)
Fight to uncover, expose and disclose who the real owners and beneficiaries of foreclosure litigation are…don’t let them hide behind servicers or straw-man litigants….make them come forward and fully disclose their claims.
Force litigants in foreclosure litigation to come to the settlement or mediation table prepared to accept real world, practical settlements rather than pre-programmed loss guidelines that are subsidized by our tax dollars. (Read the Onewest Shared Loss Agreement) and read a balanced and more credible review of the transaction here and the FDIC Press Release here.
And for the real, credible, admissible evidence, read deposition testimony and motions below:
DefendantsResponsetoMotiontoSubstitue
INDYMAC_interest_sale_assignment_agreement
Special thanks for all the work in this effort to Jon Coats, Mark Stopa, April Charney, Greg Clark, Ice Legal, all the JEDTI fighters who are working behind the scenes and David Acosta at Case Clarity who continues to provide exceptional trial support for this important effort. Bookmark the Case Clarity site here for important information on trial support in all cases.
Advocates must begin to band together to fight, share information and support our courts in the fight to restore justice and integrity to our court systems.
Please contact me for information and strategies that have been developed to pool resources and fight together.
A Brilliant Foreclosure Dismissal By Foreclosure Fraud Fighter Jon Coats
Author: Matthew D. Weidner, Esq.
Jon Coats is a Pinellas County attorney and a dedicated friend in the Foreclosure Fraud Fight. In Pinellas County, we’re blessed with a very active, well-researched and supported foreclosure defense bar. The challenge for consumers looking for powerful advocacy in this area isn’t finding a good attorney, it’s deciding which of the many good attorneys to choose from.
A big part of the reason we see good decisions out of the courts in this Circuit is the defense attorneys who are making these arguments invest hours and hours and hours of time and money into the research necessary to properly prepare a case.
Coats’ work is an example of this preparation. As a foreclosure defense attorney, you don’t just slap something together…you nail all your facts down tight. You have the research on every single possible case that may come up or be useful in hearing and you prepare, prepare, prepare for these hearings. All of this shows respect for the court, for the judge, for the judicial assistant.
The good attorneys in this area have been doing all this for many months now. As a result of this research, preparation and effort, we are not just helping our clients, we’re helping our judges understand and see what’s happening in front of them….that’s our job as dedicated and committed members of this bar.
Read Jon’s Order carefully and use it as a model for your Orders…..congratulations Jon!
The Order is here and his website is here.
More Attorneys Contribute Their Time, Talent and Treasure in The Fight For Foreclosure Fairness
Author: Matthew D. Weidner, Esq.
As I write this post, the buses are preparing to leave from all over Florida for their early morning meeting with destiny on the steps of the Capitol.
Because of the large response that we have received to this event we were required us to move to the West Side of the Capitol, just in the shadow of the Florida Supreme Court…frankly that’s even more appropriate because the message we bring is one for both the legislators and our esteemed judges in the State of Florida.
Citizens of this state will forever owe gratitude to the attorneys who selflessly contributed their time, talent and made significant financial contributions to make this happen so quickly. In so doing, The Ice Law Firm, (West Palm/South Florida), The Mark Stopa Law Firm, (Tampa/Orlando), Parker and DuFresne (Jacksonville/North Florida) and now Jon Coats from Jon Coats PA (Pinellas Park/St. Petersburg) have earned the respect of their colleagues from across the state for the good work they are doing. 
The fact that these firms have contributed to this effort shows they’re not just dabbling in this area of the law….these good lawyers have turned foreclosure defense, the protection of their clients and their efforts to restore respect for the judiciary into a outright crusade.
Every client needs to hire an attorney to protect your interests, but the fact of the matter is that these attorneys and others who are involved with this fight have devoted their lives and their careers to protecting clients….regardless of their ability to pay….is a reflection of the highest ethical goals this profession maintains.
To all you out there in foreclosure or in trouble…don’t lose faith in the law or in lawyers….you’ve got lawyers like the ones referred to above to look out for you!
We’ll see you at the Capital in just a few hours.
