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A foreclosure lawyer in your own state is your best bet

October 25, 2014 1 comment

So many times I have potential clients tell me that they have hired an out of state law firm to help them get a modification and end their foreclosure case.  What is worse is that these out of state law firms appear to be recommended by some agencies or groups within the State that the homeowner is facing foreclosure.

First, Florida is a judicial foreclosure state.  That means you have to have an attorney representing you in the state you are facing foreclosure.  If you are counting on the out of state law firm to file anything on your behalf in a case think again.  Most often they will not, and then the homeowner is drug along believing they will get a modification.  Meanwhile, the court case is moving forward, and since no answer has been filed to the bank’s complaint, the bank will ask the Court for a default – meaning they win, case over.

Second, banks have been slammed with their antics regarding offering modifications (see my previous blogs).  When it comes to modifications they do not have your best interest at heart.  How many clients are told to resubmit documentation time and again that the bank says is now old (so they can collect another HAMP fee), and are strung along for years while bank employees are fulfilling quotas given to them to actually TURN HAMP FILES DOWN THAT ARE ELIGIBLE.  It is disgusting.

The bank often has no desire to work with the homeowner.  As the BOA employees stated in Massachusetts they want the foreclosure instead.  What incentive do they have to have a 2% loan on their books?  Even if they took federal money to do just that.

Be very careful.  And make sure that the Court case filed against you is answered.

http://www.stayinmyhome.com/state-lawyers-help/?utm_source=rss&utm_medium=rss&utm_campaign=state-lawyers-help

Categories: Uncategorized

The Judicial Foreclosure – Due Process? Not in Foreclosure. And in the Future in a Lot Less Areas as a Result.

January 12, 2014 Leave a comment

Not much to say except that I have seen a great deal of this first hand. As someone who has had doubts in the two governmental branches where officials are truly elected (with the exception of local judicial elections), I have always trusted the judiciary was the true “check” on our government. The branch that was “for the people”, who made the hard decisions such as Brown v. Board. Truly the admirable branch. Not anymore (with the exception of the Judges I have seen that truly try to remember there are two parties to a case). People are now sold for expediency, and the settlements and promises from the other two branches helped to make it happen. Disgusted. The future backlash on our notion of due process will create a backlog where “expediency” over human rights is the rule of the day. Can you imagine that in ALL areas of law? Be concerned. And no backlog problem is solved through expediency. Reversals coming down from appellate judges who truly believe in the American ideal of due process will remind us once again that no amount of legislative funding can buy due process.

“Despite the seemingly favorable stories about the economy and real estate, Florida homeowners are now worse off than ever before. Banks continue their culture of mortgage fraud, and foreclosure litigation has become the legal “wild west.”

For example, on a single day more than 90 foreclosure trials were set to occur before one trial judge. But general magistrates have now become empowered to take the homes of Floridians, despite the fact they were not summoned by any electorate.

In yet another judicial circuit, court staff unilaterally communicates with the bank’s counsel, prompting them on what to file in order to advance the case along.

In yet another circuit, homeowners are being denied routine depositions and discovery.

Banks that ignored the court’s rules for years are not being sanctioned. As if that was not bad enough, courts statewide have been bullied into clearing the backlog of foreclosure cases by the Legislature in order to receive funding. Forget your Pollyanna notions of separation of powers among the state’s branches of government.

The foreclosure crisis is not over; it’s not even close to being over. It’s getting worse. Issue saturation has led to apathy among leaders, the media and the populace. But the due process rights of homeowners continue to be further marginalized on a daily basis across our state.”

http://tbo.com/list/news-opinion-letterday/foreclosure-crisis-getting-worse-in-florida-20140109/

Homeowners Fighting Back, and when the Judicial System actually lets them show their Evidence…Winning

December 12, 2013 1 comment

A Judge in Florida, whom I have a tremendous amount of respect for, made quite a ruling in November.  For years now homeowners have complained of rising payments on fixed-rate notes that were not explained to them by the banks other than an “escrow shortage” that couldn’t be accounted for.  For years now homeowners have claimed they were told to stop paying, by that very bank, to get a modification to fix the “escrow shortage” problem.   A modification the bank had no intention on giving, and developed internal controls to prevent.  Homeowners who claimed they tried to make the payments they contracted for and had payments sent back, all while the banksters convinced the legislative and judicial branches that those homeowners were just wanting to live “rent free” and not paying anything.  They didn’t bother to hold their returned checks in their hands like some of us have had to. 

When your payment rises over $1,000 a month and there really is no explanation for “mystery fees” or forced place insurance policies that are completely insane price-wise, then it’s time to speak up.  I’ve even seen earthquake insurance being force-placed on a North Florida panhandle resident (the USGS disagrees with that possibility however).  Finally a Judge who seems to understand that BOA deliberately inflated payments with no explanation and that force placed insurance and “mystery” fees are deliberate.  If you are in foreclosure because your payment “mysteriously” grew to where you couldn’t afford it, and then perhaps told to stop paying so a modification that would never happen would “fix” it, maybe it wasn’t a mistake.  Maybe it was a scheme to get those overpriced loans off the books that the banks should have never made in the first place and later realized such.  It’s a different world when a court of law actually allows you to present your evidence isn’t it?  When you, as a homeowner, are actually allowed due process?  Wow.  I can only imagine how much paperwork the bank threw at the homeowner to fight that in court.  Glad to see justice prevailed.  2013-11-21-085932-3