Finally, some foreclosure help.

Consumers and Foreclosure defense attorneys really need to understand just how important the new protections in Dodd Frank really are.

They provide absolute bars that will STOP FORECLOSURE!

If a foreclosure has already been filed, AND it is more than 37 days before a foreclosure sale, AND the borrower submits a complete loss mitigation application, a servicer cannot “move for a foreclosure judgment [including a dispositive motion like a motion for default judgment, on the pleadings or summary judgment] or order of sale, or conduct a foreclosure sale

Help For Struggling Borrowers – A guide to the mortgage servicing rules

 

 

 

2 Comments

  • Sean Barron says:

    I was denied any discovery hearings whatsoever and denied any paperwork I requested in 3 discovery requests
    I was denied due process of law
    My only discovery hearing was scheduled for the same day as trial
    Except 3 hours after trail by clerk error
    Despite judges winking at lawyers in unrecorded pre trial hearings held despite judges promises of not going to hold them
    I had proven in open court and in appellant briefs that the bank (Wells Fargo)
    Had no assignment of mortgage .
    In open court the judge said
    “Mr Barron they have just proven assignment of mortgage by merger
    The only thing wrong is the numbers and dates provided by bank were after the merger and there is no way it could have been assignment of mortgage by merger.
    From world savings to Wachovia to Wells Fargo
    The note is marked cancelled and I got Wells Fargo to testify the note was never transferred
    Which contradicts every piece of paper in the record
    Then contradict and retract and say it was transferred such and such date (after merger)
    You see cancelled means paid
    But that’s not the kicker
    The kicker is the note is marked pay to bank of New York
    They came back in their appellate reply brief That it was such and such a date and I responded to the appellate brief stating an old law of the tipsy coachmen
    Basically saying they can’t bring up things (dates,etc ) that were not brought up in trial
    I am giving up
    I am going to short sale my house on a little island next to marco island on gulf (land is worth $450.000) for $ 285000
    To the guy who sold it to me 20 years ago
    He actually has more right to it on paper than those crooks
    I cannot fight the biggest financial scandal in the history of humans on my own
    My health, business ,everything went down the tubes
    I was treated like a criminal and denied my civil right to due process
    I judicial noticed the federal govt. and S.E.C.cases in which the fines of 50 billion dollars was split between all attorney generals — minus Oklahoma
    Oklahoma refused to be paid off
    My cut was 800 bucks. I didn’t cash that check
    I contacted the S.E.C. Whistle blowers unit and all the government agencies you can think of including judicial committee bar association
    My cut of the settlement of millions of
    Dollars the O.C.C. Received from Wells Fargo in particular for fines for illegal less than interest only stated income loans was a $300 check
    Again I didn’t cash it
    What is wrong with home owners in America
    This all started because they did not record the assignment of mortgage with the county
    What a can of worms I opened
    Chances are the banks paperwork is not right in millions of loans aside from all the laws the bank broke and you need a lawyer to bring it to light
    My only advice is Don’t do it yourself
    You can’t do it
    You don’t speak the language
    Hire an attorney that is not on the judges Christmas list or belong to same golf club
    As early in your case as you can
    I am only one case in collier county
    And I am afraid the appellant court is no better. Or they didn’t read my case
    They ruled basically
    as long as the right outcome was achieved Who cares how many laws were broken to get to that outcome
    Sean Mitchell Barron
    Isles of Capri Fla
    (239) 642-0110

  • Mr Barron,

    I looked over your docket in your trial and appellate cases, and while it is true that it looks like discovery was never produced to you, unfortunately you never set any of your motions to compel for hearing. It is not the judge’s duty to set motions for hearing or favor either side; it is the parties’ duty to know what to do and to move their side of the case. Had you set your motions to compel for hearing all along as they were filed, you likely would have gotten the discovery you sought. Waiting until the day or trial simply wasn’t procedurally proper for the judge to consider.

    I cannot comment as to what was or was not said at trial as no transcript is available for review. I do not ever call anyone a liar, but if it occurred as you stated, it would have been literally impossible for the bank to get a judgment against you. They would have had no standing and the judge would have ruled for you. There has to be something more than what you say was proven/said.

    It appears you were appointed counsel on appeal and the bank’s judgment was affirmed (it is hard to tell from the docket alone). If not, the going to appeal without a lawyer is a “death sentence” with such little chance of prevailing.

    Whatever error there was seems to not have affected the appellate court’s decision to uphold the judgment against you. Appellate courts read cases, believe me this and Mr. Weidner will attest to this as well. Don’t assume because the appellate court did not rule your way that the judge’s merely didn’t care or didn’t bother to read your case. It may be a case that your assumptions were simply wrong, or certain issues were outside of the appeal. It does look like the appeal was filed within 20 days of the denial of the motion for rehearing, but long after the judgment. This may have barred some of your arguments unfortunately from a procedural standpoint. Appellate rules say that you can only argue issues from the order you are appealing. It looks like you may have lost many of the issues you wanted to or assumed were raised on appeal; or may not have been considered by the appellate court as they would be improper.

    also do not assume because a trial judge and appellate panel rules against you that the lawyers “must be in their back pocket/Christmas card list/etc.” This is simply a ludicrous accusation. It may be the fact that you were simply wrong in all of this (procedurally or factually) and the judges issued the correct rulings. I have never once felt in any county that any judge favored any lawyer from a personal standpoint that affected a ruling/judgment. In fact I have won rulings against lawyers who eat lunch with a particular judge daily. I have lost hearings with judges I know well. I hear this accusation a lit but it is simply preposterous by angry irrational homeowners.

    I hope your story can convince others that hiring a lawyer is not some voodoo or someone sucking your money. People do not seem to realize that they are not paying a lawyer for nothing. People constantly accuse us defense lawyers of being too expensive, while when broken down monthly is a small % of their old mortgage payment or cost to rent somewhere; relatively cheap when you see the end result can be tragic. A lawyer would have known when to file the notice of appeal to preserve certain issues for appeal properly, which may have completely changed the outcome in your case.

    I also would have cashed those checks (or do so if you still can) , it was essentially free money. Not cashing them is showing no one except hurting yourself. It will not bring your home out of foreclosure or back from judgment.

    Finally, do not waste your breath or time calling every government agency out there. You are just another drop in the bucket to them and they simply do not care. They get calls like yours probably every 30 seconds of every single day.

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