Foreclosure Defense Florida

Two Great New Opinions!

First, there are still far too many people out there that do not bother to file any response to their foreclosure case or hire an attorney….as we’re learning if you put up a fight, there’s a pretty good chance that good things can happen…please get the word out….everyone should fight!

Attached here is a brand new, hot off the presses opinion from the Fourth District Court of Appeals setting aside a default after the borrowers went into modification then the lender still tried to proceed with foreclosure. Great Stuff.

Next, here is an appeal from a federal bankruptcy court opinion…it orders Wells Fargo to pay back to the trustee the funds from a debtor whose mortgage was transferred to Wells immediately prior to the debtor going into bankruptcy.   This gets right to the heart of the whole fake assignment and the entire business model of MERS

I’m telling you to look carefully at all assignments…pay particular to who signed the assignments and whether the corporation upon whose behalf it was allegedly signed was in Bankruptcy……these lenders can play their games in state courts….these attorneys can (apparently) get away with blatant fraud and lies to state court, but apparently the federal bench still cares about these things….

Keeping up the great fight!

3 Comments

  • Olen says:

    By way of introduction, I am the country cousin of Gerald Richman, of the Richman-Greer law firm, Miami and W. Palm Beach.

    I came across the following entry at a blog of MFI-Miami, and I know that you have been an active contributor to blog of Neil Garfield, Esq.

    https://www.mfi-miami.com/?p=3562

    The tone of this blog entry really bothered me and, from what I saw, I would guess that MFI is another mortgage broker/Realtor who was forced into doing audits when the law came down on broker-LoanModifiers. I don’t have a basic objection, if this is the case, as I am a mortgage broker myself. But, I wonder about their competence AND their competence to bash Neil Garfield…who is one of the spearheads in the fight against vulture lenders.

    I am writing to get your opinion of Neil Garfield. My response to the above-referenced blog entry follows.

    By the way, though I am migrating toward commercial lending, I am still concerned with the foreclosure, loan modification, loss mitigation and credit repair messes. In that regard, though I know your area of practice is limited to part of Florida, I have placed a link to this web page from mine. I hope you do not mind.

    Thanks so much.

    Olen Soifer
    Mays Landing, NJ
    http://www.questfundingservices.us

    ——————————

    (Regarding your comments about Neil Garfield)

    You can give your opinion about anyone you like, but how about ” tit for tat”. Your ” about us” section gives no information about you, except for your name and the fact that your company is less than two years old.

    Are you an attorney? What qualifies you to dispute what Mr. Garfield says, if you are not? What is YOUR experience and what qualifies you to interpret the law and compliance issues as they apply to mortgages from 13 states? You claim that Neil Garfield’s manual is full of errors. Again, what competence can you prove to make that general statement?

    I do not believe that most pro se litigants are competent to represent themselves and, it appears that Neil Garfield is stating that. But, that doesn’t mean that his material is not helpful as a starting point for discussions with one’s competent attorney”¦and I would argue that even an attorney whose specialty is not in compliance issues, real estate or administrative law is not particularly competent to argue these cases either.

    You bash Neil Garfield, but you admit that you attended his seminar and I would bet, dollars to doughnuts, that your audit methods were affected by what you heard at the seminar. I see that you use wordpress. That is only one script of its type. I would bet that you learned about that, as well, from Mr. Garfield.

    What you do not state (or at least I have not seen it), is that no audit, no matter how competently prepared, may be of any value whatsoever, to a pro se litigant. And, I wonder if you warn non-attorney customers of that fact. If you do, than you deserve some respect. But, I would be willing to bet that you do not limit your customer base to attorneys.

    I see that you are willing to bash Mr. Keiser also. Is it because he is the person who Mr. Garfield recommends for mortgage audits? I haven’t see a recommendation of you. Is this sour grapes?

    By the way, considering whether audits are of any value, even to attorneys, I haven’t noticed a disclaimer to that fact on your website”¦though I must admit I have not been to every page. There are any number of government and consumer protection agencies that are bashing audits as the newest loan mod scam”¦partially because some are prepared by non-experts”¦but also because there is no conclusive evidence that they influence the courts in favor of the borrower-litigants. But, again, I see no disclaimer to that effect on your website.

    Audits range in cost from several hundred, to 7-8000 dollars. My gut feeling is that yours are expensive, or it would be more likely that you would prominently post a price.

    • Like many attorneys, I am concerned about pro se people out there trying their best, but getting cut off at the knees. There are many legitimate and very basic defenses that even very experienced and attorneys who are very familiar with the judges get flat out rejected. I ordered Mr. Garfield’s material and frankly was totally disappointed in what I received. I contacted him and told him that frankly I was extremely disappointed in the material….just old xerox copies, not formatted properly and just nothing particularly substantive.
      Having said that, to the extent that he gets those people who wouldn’t otherwise hire an attorney to defend themselves…its good, but the bottom line is you really need not just an attorney, but an experienced foreclosure defense attorney to have much chance of success.

  • Jesse says:

    Keep up the great work Matt!

    I have been in foreclosure for over three years and going no where fast. BOA has had their hands full with my case and even though I have one of the worst judges in our county, we are still prevailing.

    Take the time to read section 20 of most mortgages or the Notice of Sale clause. It specifically states that they must give you notice when they (the lender not the servicer) sell your note. Who has ever received this notice? Its easy to get a letter from a servicer confused with the notice they are required by the four corners of the contract to give.

    Send out the notice of dispute or a QWR asking for the proper notice, you wont get it which opens up the doors for FCRA, FDCPA, TILA and RESPA claims which your clients or the pro per or pro se litigant will collect….I have many times over the three years.

    They cannot show standing without these notices and assignments are only assigning the mortgages and most are just recitals of an event but very few are actual assignments.

    How can they prove to the court and you that they have the right to collect payments….they don’t because you never received notice from the lender that they sold your note or your servicing rights. Sue them for the total amounts of payments you have made times three and see their ears perk up. It works!

    Title 18 has some pretty interesting things that will help any foreclosure case but the biggest problem is the uneducated judges that are hearing the cases and tons of uneducated attorneys who try and fight them. Its up to us to educate them in every aspect that we can.

    Their not all a Matt!

    God Bless

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