Army of Homeowners Unite Help Join the Fight
Army of Homeowners Unite Help Join the Fight
Fight Foreclosure Blog
AN ARMY OF HOMEOWNERS
If Homeowners want to change the system then Homeowners have a duty to fight these foreclosures which are filed by Plaintiff’s who often cannot prove that it owns the very loan it seeks to foreclose.
Right now there is a numbers game going on. Judges and Plaintiffs’ Attorneys know that they can do whatever they want – ignore the law, prevent discovery into issues the prove the Plaintiff has been paid for the loan or does not own the loan, make it difficult to depose necessary witnesses (to name a few) – because the individual Homeowner does not know the difference or what to do if the wrong decision is made by the Judge.
Right now only about 5 percent of the homeowners hire attorneys to fight their foreclosures. That means that even if the Plaintiff Lenders’ and their Attorneys fabricate evidence, falsify documents, forge notes or obstruct justice 95% of the time the Foreclosure will go through and the Homeowner’s house is sold. The few times that the Plaintiff Lender is challenged does not matter in the overall picture of this ponzi scheme.
We must change this dynamic if we as Floridians want to change what is happening in the courts. If 30% of the Homeowners facing foreclosure fight then the numbers change as well as the dynamics.
If more Homeowner’s fought then Plaintiff Lenders must pay more to defend their actions. More of these fraudulent documents come under scrutiny. Judges will find it more and more difficult to railroad cases through the court system. More cases will go up on appeal, if the right attorney is chosen.
More Homeowners must hire attorneys to fight against these foreclosures from Plaintiffs who probably cannot prove ownership of these loans. Without Attorneys, Homeowners cannot fight properly.
If we want to fight the Banks, the Lenders, and their Attorneys then a whole lot more Homeowners need to hire attorneys to fight those who were the primary cause of the loss of jobs, the devaluation of our homes, and our crumbling economy. We need to change the numbers so that so many homeowners are fighting and questioning the Plaintiff Banks/Lenders that the Judges can no longer ignore our demands for the evidence – all of the evidence.
Instead of a few Homeowners fighting, 30% of those facing foreclosure must hire attorneys to fight foreclosure. This will send a message to the judiciary that Floridians will not just roll over. Numbers speak. Don’t walk away. Be a part of an Army of Homeowners who will not take it any more.
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Carol C. Asbury
Save My Home Law Group
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Added Court Documents to Sewer Service + False Non-Military Affidavit = Soldier’s Home Foreclosed
Added Court Documents to Sewer Service + False Non-Military Affidavit = Soldier’s Home Foreclosed
Fight Foreclosure Blog
FLAGSTAR BANK F S B vs. GARCIA, TANIA et al.
Check em out…
Added the full documents to Original Post – LINK – Sewer Service + False Non-Military Affidavit = Soldier’s Home Foreclosed and Sold While Serving Abroad
The Complaint
Where it states the Flagstar OWNS the note
Affidavit of Non Military Service
Whoopsi
Original Note
Endorsed in Blank by Flagstar cause they sold it
Another thing that peaks my interest is the endorsement from the original lender to Flagstar
Why would the originating “lender” Florida Home Equity LLC have a stamp that had a PAY TO THE ORDER OF FLAGSTAR BANK and have to hand write there own name Florida Home Equity LLC? Isnt the purpose of a stamp to reduce what you have to write? Not buying it…
Assignment of Bid
To Fannie Mae BECAUSE FLAGSTAR DID NOT OWN THE NOTE AT ALL
Certificate of Title
To Fannie Mae BECAUSE FLAGSTAR DID NOT OWN THE NOTE AT ALL
This is how it is done in hundreds of thousands of cases…
Now, I am not talking about the sewer service and the false military affidavits, I am talking about how the plaintiff is really not the plaintiff…
Who are the Mills hired by? It is a shell game…
With Fannie and Freddie leading the way…
Original Post with Full Docs Here – LINK – Sewer Service + False Non-Military Affidavit = Soldier’s Home Foreclosed and Sold While Serving Abroad
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4closureFraud.org
fight-foreclosure-blog
Happy Hour! Today Thursday 9/9 5:30pm Combating Illegal Foreclosures – Grading the Assignments
Happy Hour! Today Thursday 9/9 5:30pm Combating Illegal Foreclosures – Grading the Assignments
Fight Foreclosure Blog
The Attorney General’s Economic Crimes Division is investigating whether improper documentation may have been created and filed with Florida courts to speed up foreclosure processes, potentially without the knowledge or consent of the homeowners involved. Details here and here.
Come join us at our next Happy Hour, an informal gathering where we can relax, socialize, enjoy stimulating conversation, and use our collective brain power to make a positive impact on the Foreclosure Crisis that is annihilating our communities.
Millions of Americans are being rendered homeless by a Wall Street gamble that left homeowners, tenants, municipalities, insurers, investors, and 401(k)/pension fund savers, and millions across the globe wiped out while Wall Street financiers continue to be heavily remunerated for their destructive rampage into mortgage backed securities.
Thursday Sept 9, 2010 5:30pm ’til ? (arrive early or late)
2-for-1 drinks until 7pm
$5 wings & sliders
Cash Bar
GREASE BURGER BAR
213 Clematis Street
West Palm Beach, FL 33401
(561) 651-1075
GreaseWPB.com
A reply email RSVP is much appreciated by Grease’s staff reserve tables but walk-ins are warmly welcomed. RSVP to ForeclosureHamlet@gmail.com .
We look forward to seeing you all, especially those of you who have not yet attended our monthly gatherings. Please pass this along to anyone who may benefit.
fight-foreclosure-blog
HAPPY NEW YEAR TO OUR JEWISH FRIENDS
HAPPY NEW YEAR TO OUR JEWISH FRIENDS
Fight Foreclosure Blog
ROSH HASHONAH marks the end of the old year and the beginning of the next for Jews who observe this tradition. For people of other faiths, their New year starts at other times, so you can view this post as a running start on whenever your observance begins of a New Year and a new day.
Last year at this time there were very few Judges, government officials or people in the media who recognized the plight of the homeowner, the housing market and our economy. Very few people, mostly some lone economists “on the fringe” realized that this was no ordinary recession. Last year at this time you hardly find a single lawyer who wouldn’t tell you that a deal is a deal and that the fact you made a bad deal was your own fault — a message heard by borrowers and investors alike.
A year can make a big difference and it has, although not to our liking. The fundamental weakness of the housing market is still left unattended: both the houses (and the attendant loans) and the mortgage bonds were sold at prices that did not come close to their true value. An action for fraud at the core of these transactions has yet to be fully tested. Progress has been slow but dozens of decisions have been rendered by an increasing number of Judges who “get it.” Lawyers are now competing for business to represent borrowers, to represent investors and to represent junior lien holders who see the opportunity to re-establish their equity or security.
It is happening and you are making it happen. The children of this generation will know that their parents stood up for the roof over their heads, for the right to rely on true justice when money is made by way of lies, and that living in truth is a better model than living in lies.
submitted by reader
them, and who are not around too much when you don’t need them.
May the clothing styles of yesterday come back so you can wear all that
stuff that you don’t have the heart to throw away.
May those old fashioned expressions “thank you”, “pardon me”, “after you”,
and “you look lovely”, come back into use. And may the expressions “you
know”, and “like”, and “whatever” be retired forever.
May we sing songs that are singable, that have lyrics that are
understandable.
May your hair, your teeth, and your stocks not fall. And may your blood pressure, your cholesterol and your mortgage interest rate not rise.
May the world enjoy a year that is free of hurricanes, earthquakes, fires,
drought, and political speeches, which produce the most wind of all.
May you have a spouse, or a child or a friend, or a grandchild, who loves
you, even though they really know you.
May you learn that giving love away freely without strings is the surest way of receiving it in return.
May your insurance pay whatever your doctor charges, without insisting on
any further investigation, and may the IRS also accept whatever you pay,
without insisting on any further investigation.
May you receive a good report, from your dentist, from your ophthalmologist,
from your dermatologist, from your cardiologist, from your
gastro-enterologist, from your podiatrist, and ultimately, from your G-d.
May there be peace this year between the Jews of Israel and the Arabs, and
may there also be peace between all the Jews of Israel, which sometimes seems
almost as difficult to achieve.
May your bank statement and your budget both balance, and may they both
include generous amounts for charity.
May you have enough to give you contentment, and may you have enough left
over, so that you can be generous.
May we keep rage off of the freeways, and out of the workplace, and out of
our homes, and direct it instead at racism, at poverty and at all the evils
that we politically tolerate.
May we learn in this new year that what really counts the most is not the
years but the days, not the machines we have in our lives, but the people we
have in our lives, not how much we can accumulate but how much we can share,
and with whom.
And may we have peace in the world for all to enjoy.
And may G-d continue to always be with you and may you always know it!
L’ Shana tova! Best wishes for a happy, healthy, sweet New Year.
Filed under: foreclosure 
fight-foreclosure-blog
INCREDIBLE VICTORY IN IOWA: JUDGE VACATES 2005 SUMMARY JUDGMENT ENTERED AGAINST BORROWER AND REQUIRES PLAINTIFF TO PROVE ISSUES AS TO OWNERSHIP OF NOTE AT TRIAL
INCREDIBLE VICTORY IN IOWA: JUDGE VACATES 2005 SUMMARY JUDGMENT ENTERED AGAINST BORROWER AND REQUIRES PLAINTIFF TO PROVE ISSUES AS TO OWNERSHIP OF NOTE AT TRIAL
Fight Foreclosure Blog
In a stunning decision, an Iowa District Court Judge has issued a 4 page written opinion vacating a 2005 summary judgment which had been entered against the borrower in favor of Wells Fargo. The decision also vacates a July 7, 2010 Order which reaffirmed the 2005 summary judgment.
The borrower retained Jeff Barnes, Esq. in 2009, who began questioning the decision in view of prior pro se filings of the borrower in which she stated that Wells Fargo had previously told her in 2004 that her loan was owned by Lehman Brothers. The 2005 summary judgment was entered on an Affidavit of a representative of Wells Fargo which stated that the affiant had read the foreclosure petition and motion for summary judgment and that the statements therein were true, one of the statements being that Wells Fargo was in possession of the note.
Shortly after Mr. Barnes was retained, the case was set for trial. Mr. Barnes, together with local Iowa counsel Christine Sand, Esq., propounded discovery upon Wells Fargo, which was not complied with as of the time of the original trial. Wells Fargo’s counsel simply dumped a pile of unsegregated documents on counsel table on the day of trial without even a formal response to the discovery request. To date, the subject discovery (which seeks, in part, the evidence as to ownership of and chain of title to the note and mortgage) has not been fully complied with. The trial was reset to late September, 2010.
On July 21, 2010, Wells Fargo filed a Motion to Substitute Plaintiff in which it stated that “it has been determined upon information and belief that pursuant to a Servicing Agreement between Wells Fargo and Lehman Brothers Bank FSB, an assignment is required and will be executed and recorded. The holder of the note and mortgage is Lehman Brothers Bank FSB.” As those of you who read foreclosure defense websites know, Lehman previously filed for Bankruptcy.
Note that Wells Fargo states that the assignment “will be recorded”. The borrower first challenged Wells Fargo’s ownership of the note in 2004, and now, some time in the future, Wells Fargo is “going to do” an assignment?! Further, it now comes out, in 2010, that what the borrower said in her 2004 pro se filings was 100% correct.
The matter becomes even more complicated and uncertain. The Court’s opinion notes that on August 19, 2010, an affidavit was filed by a representative of Wells Fargo stating that “the original copy of the note has been lost”. In the opinion, the Court states that it premised its [prior] summary judgment ruling on Plaintiff’s possessing the note. The Court then went on to state “The validity of that premise having become increasingly doubtful, and the Plaintiff having chosen to offer nothing as to when Lehman Brothers Bank FSB became the “holder” of the note, when the note was lost, the circumstances surrounding Lehman Brothers Bank FSB becoming the “holder” of the note, or the circumstances surrounding the loss of the note, the orders granting partial summary judgment and reaffirming that judgment should be vacated and the plaintiff should be required to prove its case at trial”.
We characterize this decision as a justice delayed (through no fault of the Court or the borrower) but not denied. We hope that more members of the judiciary scrutinize foreclosures this carefully, and laud this Jurist for his diligence.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com
fight-foreclosure-blog
VICTORY IN VENTURA: PRELIMINARY INJUNCTION ENTERED FOR WELLS FARGO’S VIOLATION OF SECTION 2923.5, CALIFORNIA CODE
VICTORY IN VENTURA: PRELIMINARY INJUNCTION ENTERED FOR WELLS FARGO’S VIOLATION OF SECTION 2923.5, CALIFORNIA CODE
Fight Foreclosure Blog
September 7, 2010
A Ventura County, California Judge granted the borrower’s Motion for a Preliminary Injunction today stopping a Trustee’s sale scheduled for this Thursday, September 9, 2010. The borrower is represented by FDN’s Jeff Barnes, Esq. and Kenneth Meyer, Esq., both of whom attended the hearing. Mr. Barnes prepared the papers which were filed with the assistance of Mr. Meyer, who argued the Motion.
The borrower’s Motion highlighted that Wells Fargo had failed to comply with California Civil Code section 2923.5 which requires a foreclosing party to take certain actions prior to instituting foreclosure proceedings. Recent appellate decisional law from California issued in June of this year provides that a borrower has a private right of action for violation of the Code provision, and that noncompliance with the provision warrants the cancellation of a Trustee’s sale until the foreclosing party complies with 2923.5.
Our thanks to Mr. Meyer, Esq. for his diligent efforts in obtaining this result.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com
fight-foreclosure-blog
Sewer Service + False Non-Military Affidavit = Soldier’s Home Foreclosed and Sold While Serving Abroad
Sewer Service + False Non-Military Affidavit = Soldier’s Home Foreclosed and Sold While Serving Abroad
Fight Foreclosure Blog
FLAGSTAR BANK F S B vs. GARCIA, TANIA et al.
(Actually it was Fannie Mae v Garcia)
SARAH MARIE BARBACCIA of Ben-Ezra and Katz is the attorney of record for the plaintiff.
I am having someone pull this file for me because it has some interesting entries on the docket that need to reviewed in more depth…
Such as..
Affidavit for Diligent Search
Affidavit of Non Military Service
Original Note
Assignment of Bid
FEDERAL NATIONAL MORTGAGE ASSOCIATION; sent to Recording
Certificate of Title
FEDERAL NATIONAL MORTGAGE ASSOCIATION; sent to Recording; doc stamp exempt
Not only do we have false affidavits and another incident of sewer service, we have another assignment of bid in where the plaintiff really wasn’t the plaintiff…
As soon as I get these files, I will put them up…
I’ll bet the Attorney Generals Office is gonna love this one.
Soldier’s home foreclosed while she was serving abroad
“I couldn’t believe it,” Capt. Tania Garcia said. “I was in shock.”
Excerpts from the report…
Army Capt. Tania Garcia said she was on active duty in South Korea when she got the news.
“I couldn’t believe it,” Garcia said. “I was in shock.”
More shocking news was ahead. Court files from the foreclosure showed an affidavit had been filed that stated Garcia was not in the active military and that the notice of foreclosure was served on her husband.
Two problems: Garcia said this week she was on active duty — and she is not married. Now, Garcia is fighting to win back the home she thinks was taken from her unfairly.
Garcia’s condo initially was bought back by Flagstar Bank and then resold… (No, it was Fannie Mae!)
Garcia’s real-estate broker, Celia Ruiz of Casa Latino Real Estate, said she worked with the bank during the short sale, in which the lender allows a home to be sold at a price often far below the amount owed on the mortgage. She has e-mails from a bank employee stating the sale was approved.
Five days before the scheduled sale, Ruiz said, she received the bad news. Ruiz was flabbergasted.
“I’ve done a lot of short sales,” Ruiz said. “I have never seen a property go to foreclosure while we are working on a short sale.”
The “non-military affidavit” included in the court file attested to the fact that Garcia was not in the active military, and a military status report from the Department of Defense was attached, stating: “Based on the information you have furnished, the DMDC [Department of Defense Manpower Data Center] does not possess any information indicating that the individual is currently on active duty.”
If a person is on active duty, the military must be served notice of the foreclosure to make sure the person is aware of it, Kaufman said. Garcia said there was “no way” that the bank could claim to be unable to contact her.
Still in the service, Garcia shipped off to Iraq on Friday with the legal battle serving as a constant distraction in a place where, she said, distractions cost lives.
“When I was not in this country, I was working to protect my country,” she said. As she prepared to leave again this week, Garcia was hopeful that she would return to find the situation resolved.
Read the article in its entirety here…
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4cloureFraud.org
fight-foreclosure-blog
Mortgage Electronic Registration Systems, Inc.: A Survey of Cases Discussing MERS’ Authority to Act
Mortgage Electronic Registration Systems, Inc.: A Survey of Cases Discussing MERS’ Authority to Act
Fight Foreclosure Blog
NORTON BANKRUPTCY
LAW ADVISER
Monthly Analysis of Important Issues and Recent Developments in Bankruptcy Law
Link to entire 25 page PDF file below…
INTRODUCTION
As the mortgage meltdown has spread and deepened nationwide, courts must grapple with challenges to efforts to recover on defaulted mortgages. The challenges involve a complex mix of legal concepts and principles. Everything from contract law, state statutory foreclosure law, negotiable instrument law under the Uniform Commercial Code agency, standing and real party in interest issues, to evidentiary and civil procedure issues have been implicated in recent cases. What follows is a survey of the cases analyzing the legal authority of Mortgage Electronic Registration Systems, Inc. (MERS) to act for its constituents in enforcing rights under defaulted mortgages.
CONCLUSION
MERS is a construct of the mortgage finance industry created and implemented to facilitate the sale of promissory notes and servicing rights in residential mortgage transactions. But, the architects of MERS did not simply create a modernized system of keeping track of loan transfers. They also adopted untested, novel terminology for the most important documents that protect lenders and investors claiming liens on real estate—the mortgage/deed of trust and assignments. Then they decided that the execution and/or recording of assignments was unnecessary unless foreclosure needed to be filed.
Historically, the effectiveness of mortgage language and assignments of mortgages were rarely questioned. Time outran the MERS system, and now state and federal courts across the country are struggling to give meaning to the terminology used in the standard MERS mortgage—including the ubiquitous “acting solely as nominee.” And bydesign, MERS assignments are not created until default has occurred. As a result, assignments are often not executed and/or recorded until bankruptcies, motions for stay relief or foreclosures have commenced. And MERS assignments sometimes state that they are effective years before the actual date of execution.
The MERS language and assignment policies present courts with a complex bundle of procedural and substantive issues: standing to seek relief from stay and/or to sue; contingently necessary party status; agency; equitable and beneficiary ownership vs. legal title or bare legal title; note holder and non-holder status under the UCC; delay in execution and recording of assignments; perfection; noticing issues; as well as the interpretation of language not ordinarily used for the purposes and results intended or not intended. MERS and its assignees have repeatedly taken contradictory positions—sometimes arguing that MERS is only a tracking system with no lending or servicing powers; other times contending that MERS has the right to hold notes, assign or foreclose mortgages; and still other times, MERS and its assignees say that it acts on behalf of its own property interests or simply as the “nominee” and/or the agent of another. These interpretive problems and inconsistencies have provoked some courts to determine the worst possible fate for secured loan buyers—that their mortgages were not effectively transferred or even that the mortgages have been separated from the note and are no longer enforceable.
How did so many different banks and investment companies sign on to using this standardized but unusual mortgage language and nonrecording system? Perhaps for the same reason that the marketing and securitization of subprime loans happened. The original lenders—the actual scriveners of the mortgages—no longer retained, serviced and depended upon the viability of the loans they created. They made their fees and sold the loans to others—often immediately after creating the loans—and the new buyers in turn sold to other buyers for yet more fees. The lenders and the next-in-line loan owners weren’t concerned if the borrowers would be able to make the payments nor apparently if the language of the mortgage was valid. Conservative banking and long tested legal principles were disregarded.
As Professor Peterson notes in his soon-to-be published article147 describing the formation and evolution of MERS, the MERS system was not tested in court nor approved with legislation before being propounded so effectively by MERS. Credit rating companies simply agreed that the conveyances of mortgage loans without recordation and notice would not be subject to contest by subsequent purchasers. Rating companies, of course, also gave AAA rating to the same securitized loans that were originated with MERS documents and tracked in the MERS system. One must question if the reasons for the MERS system approval were the same for the AAA approval given the securitization of subprime loans supposedly secured by this “system.” In his article’s conclusion, Professor Peterson points out that the MERS system should be acknowledged as one “important cog in the machine that churned out the millions of unsuitable, poorly underwritten, and incompletely documented mortgages that were destined for foreclosure.”148 As another author noted, the machine that turned the U.S. housing market into a system of “‘Ponzi finance.’”149
Whether the MERS construct holds water is being robustly tested in a variety of contexts. Given the pervasiveness of MERS, if the construct is not viable, if MERS cannot file foreclosures, and, perhaps most importantly, cannot even record or execute an assignment of a mortgage, what then?
Already, legislation has been proposed in attempts to rectify the problems caused by MERS. In Kansas, House Bill 2613 would amend Rule 60-219 in the Code of Civil Procedure and make a person a contingently necessary party in a civil law suit if the person is “a party or nominee with whom… a contract has been made for the benefit of another.” FannieMae has recently announced (Servicing Guide Announcement SVC-2010-05 issued March 30, 2010) that MERS will no longer be named as the plaintiff in any foreclosures of FannieMae mortgage loans.
Over half the nation’s mortgage loans are now recorded under MERS’ name. The CEO of MERS has declared that MERS’ mission is “to capture every mortgage loan in the country.’”15150 How ironic that the banks too big to fail who created this system and the investors who relied upon them now argue as one defense to attacks on MERS’ mortgages that the system is too big to be allowed to fail.
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4closureFraud.org
fight-foreclosure-blog
Comments Posted to Our Daily Business Review Article on The Housing Meltdown
Comments Posted to Our Daily Business Review Article on The Housing Meltdown
Fight Foreclosure Blog
Hello All,
I just wanted to let you all know that the comments on our article Housing Meltdown over at the Daily Business Review have posted…
Thank you all for the kind words…
If you haven’t made a comment on the article yet, please take a minute to do so…
LINK – Housing Meltdown – Grassroots effort leads to attorney general probe
This is your chance to be heard on a national level in a major legal publication…
According to the editor over at the DBR, it was the most read story yesterday…
Let’s make it the most read story of the year by sending it to everyone you know!
Here is what has been said so far…
Reader’s comments
Sirley Jones said: Thanks for finally focusing on this issue and affects everyone in the state of florida – hope there is a followup with information on how homeowners can help themselves in their areas
Jacqulyn Mack said: Thank you for highlighting all of Mr. Redman and Ms. Epstein’s considerable contributions to millions of American families who are facing foreclosure.
Alina said: Excellent article. Thank you Ms. Iuspa-Abbott for writing this piece. As a homeowner who fought with my servicer for approximately 3 years, I can tell you that getting this information out to the public is extremely beneficial. The amount of fraud present in every single foreclosure action is overwhelming. Michael and Lisa are doing a bang-up job in bringing this fraud to the forefront. They have dedicated themselves to exposing the truth about origination fraud, securitization fraud, servicer fraud, foreclosure mill fraud, etc. It has been through their tireless efforts that a coalition of attorneys and homeowners are united in exposing the truth about foreclosure fraud.
Chick Dante’ said: True, it was unfair for the government to bail out the banks but to provide so little help for the homeowner. But, that does not excuse the failure to make the agreed payments. I am amazed at how anger over the 2008 TARP program, proposed by Paulson in the Bush administration, has spilled over to the Obama administration and how so many folks use this misdirected anger as justification for returning Republicans to Congress all over again. This doesn’t make much sense to me. I understand the anger but cannot fathom voting back in the scoundrels who caused the problem in the first place. The mischief perpetrated by the foreclosure mills is also inexcusable.
Michael O. said: Great article: it’s amazing what two people can do to make a difference. The banks can spend their bottomless pit of taxpayer money on PR and lobbying but the truth still comes out. No matter how much they force us to borrow — money borrowed from our kids to leave those same kids homeless — they can’t overcome that this whole mess comes from incompetent, dishonest, deadbeat bankers who refuse to accept personal responsibility for the losses they’ve accumulated lending money they knew the borrowers couldn’t repay. Keep up the great work Lisa & Michael (no — a different Michael) and others .. lend a hand. History is in the making; nothing less than the core fabric of our economic and judicial system is at stake.
Kathy P. said: I am trying to duplicate Lisa’s success in getting the attention of my own state’s AG office. I have fraudulent documents and I am trying to spur an investigation in our state. As the foreclosure victims organize throughout the nation, we are pushing for all of us to take our findings to our state AG. Good for Lisa for taking the fight viral!
Diana Fuents said:It is about time somebody wrote about this stuff – we all see foreclosures in every neighborhood – makes sense what this article says.
Catherine said: I read the Article with much enthusiasm, and sadness. The Families being destroyed, ripped out of their homes, while big government bailouts protected the banks. I stand behind Lisa, and Michael. They’re great sources of Inspiration, Information, and the Voice for the ones who remain Silent. Thank You for a Great Article!
Pam said: Thank you so much for writing this article. It is critical that the public be informed in this issue. I would like to follow this important topic. I hope to see more on the subject.
Rachelle Roach said: I am in foreclosure with my home in Tampa, FL. I feel financially raped by “my bank,” Wells Fargo! EVERYTHING that Lisa & Michael have uncovered & said in this article is TRUE! I have seen it and pers. experienced it as well! There is SO much more to this story!!! To think that our own (so called), US banks et. al are STEALING from their own people is beyond criminal! The whole truth needs to come out! God bless both Lisa & Michael to expose this! I am behind them 100%— This should never, ever happen again!
Arpad said: God bless both of you! Thank you for your dedication, time and effort! You are a huge help to every single homeowner how are fighting the foreclosure mills. Thank you! Arpad
Stupendous Man said:I consider these two, Lisa and Michael, to be among the most important players in the state of Florida, and even on the national “foreclosure defense” stage. Their research and efforts are spot on accurate, voluminous and extremely deep. When I began my own journey down this rabbit hole there were very, very few resources I could turn to. I am in a different state so their work doesn’t apply to me and my case directly, but… Many of the same bad actors are involved all over the country and they are engaging in the same illegal, unethical and aberrant behavior everywhere. The deep research Lisa and Michael have done is an aid to ALL OF US!!! As well, when I began my own journey, there were very few defense attorneys that had any idea the extent of the fraud involved, or the potential defenses available. Through their hard work, and repeatedly knocking on the door of the Florida legal community, a network, a cadre even (or perhaps in the minds of foreclosing plaintiffs and counsel a band of evil henchman), of defense attorneys has been awakened and enlivened. This cadre of defense counsel are still utilizing the work of Lisa and Michael, even coming to rely on materials they provide and their opinions, which at this point have likely risen to the level of being qualified experts. It cannot be overstated how important it is for media around the country to research for themselves what is occurring in Florida courts (and other jurisdictions as this pattern is consistent all over the country) in re foreclosures, and to make the populace completely aware of the flaws, frauds and outright thefts that are occurring in broad daylight, in record numbers, EVERY SINGLE DAY!! Because our courts are failing to enforce the rules of procedure, the rules of evidence, are failing to grant defendants in foreclosure cases their rights to due process, both procedural and substantive, to accept clearly defective and fabricated documentation as legitimate, to disregard clear and obvious facts contrary to any plaintiffs allegations, to have done this so consistently, in so many cases, and for so long… I fear the willingness of our courts to so systemically and systematically act with such disregard for the rules and the rights of defendants may even indicate the courts knowing complicity in the fraud and theft. Such a stench in the nares of Lady Justice. That scares the living XXXX out of me. Justice cannot effectively be dispensed if the rules don’t apply to all parties, and at all times, or when contrary evidence is willfully and intentionally suppressed and disregarded. A Court of Law is the last bastion of protection for victimized people. If we can no longer look to our courts for justice, and for protection from bullies, then we will, out of necessity, have to find it for ourselves. That also scares the living XXXX out of me. Lisa and Michael, you both have my deepest respect and admiration, and I dare to say even my undying affection. The work you have done, and continue to do, is of the most vital importance. I would also like to express thanks and gratitude to Paola Iuspa-Abbott. Giving voice and coverage to these issues, which she has done on numerous occasions, is also of vital importance. Surely as more layers of these frauds and more numbers of these thefts occur, as more of these substandard and constitutionally violative court proceedings unlawfully steamroll over defendants, depriving them of that most important of basic necessities – shelter – media across the country MUST AWAKEN from their cognitive dissonant day dreams and begin to inform the public of the travesties that have supplanted justice. Most sincerely, Stupendous Man – Defender of Liberty, Foe of Tyranny
Linda said: The Florida Bar should do something about the Rocket Docket Court and the fact that the Senior Judge did not take time to hear the lawyers and the homeowners. This is violation of our Constitutional Right for day of court.
TNL said:This is a great article that brings to the forefront the battle that many are fighting quietly while they are suffering in depression and despair. Never were people told that their home’s Mortgages would be traded as Bonds on Wall Street and then Hedged against default 20 to 30 times using companies such as AIG for the Hedge. It was a gamble with the American Economy that paid off very well for the Goldman Sacs, JP Morgans, Wells Fargo, etc of the World. After profiting from the trading of the AAA Bonds,they further exploited the system and were made whole on their Hedges with the help of Timothy Geither, Hank Paulson, Ben Bernake and other high level officials while the hard working Americans were used as their pawns. Many people’s homes have lost up to seventy percent of their value during this debacle. Lisa and Mike are to be commended for all of the hard work and countless hours that they have worked to help unearth and expose the corruption and fraud that has and is now still taking place during this terrible and pre planned transfer of wealth and dignity. The Politicians and the Wall Street Fat Cat “Bankers” should be ashamed of themselves for the tragedy they have imposed on the American public.
Ronald Scott Kaniuk said:As a foreclosure defense attorney in South Florida, and with partners in the Tampa area, we hear lots of the same horror stories described in this article. Michael and Lisa are helping all of shine a light on the problems, but the legislature and judiciary have been slow to help find solutions. And the lack of information–and the amount of misinformation–is unbelievable.
Tammy said:It is because of Lisa, Michael, and all the outspoken activist that these issues are finally being recognized by others, including our judicial system. When our elected officials turn a deaf ear to all the complaints that have been filed who else will listen and produce results of these situations – only those that are experiencing this kind of situation. Our desire truly comes from frustration. There are thousands of families that are being victimized by the accounting ‘errors’ of a mortgage servicing company, threatened with foreclosure, and then are (sometimes) wrongfully evicted from their homes due to fabricated documents that are submitted to our courts by foreclosure mills. These hard working Americans are forced to take their families to the streets. I know, we are one of those families. I have gained much knowledge and support from others that have been wronged by this crisis. I, too, rallied in Tallahassee, and I also am fighting for my home. No, we are not ‘deadbeat’ homeowners. We were not in default. Our servicer not only messed up our account by applying payments where they should not have been, they even advised us to NOT make payments. This was after they charged us escrow for our non escrowed account – not once — twice! Then came the foreclosure papers. I believe we have fabricated documents in our case. Yet, at this time, I am unable to secure proper representation. Mainly due to the lack of knowledge that our local lawyers have on this crisis. We are currently Pro Se, but are considering cashing in our retirement annuity to hire a lawyer. Why and how did this come to where we are. All we wanted to do was raise our family in a loving home and enjoy our lives. Now, we are living a life of despair and unbelievability of why our government will not help to stop this. I was taught to be a moral and ethcal person. I have lived my life that way. Yet, to be wronged by big banking institutions and their greed, what am I to do? It is hard to walk into a court room or judge’s chambers and try to tell him/her why you should not be foreclosed upon when the courts will only give you 10 minutes or less for your hearing. Thank you to Lisa, Michael, and ALL activists and homeowners that are speaking out. Keep speaking!!!
Matthew Weidner said: Lisa, Michael and the Daily Business Review deserve our sincere thanks and gratitude for continuing to shine the light on the tragedies that are playing out in our courtrooms every day across this state. This is a national tragedy that threatens to destroy the very core of our nation. To all involved…keep up the great work.
Susan Kerr said: I have a foreclosure in Volusia County and the Judge allowed a telephone conversation with the lawyers even after I sent a motion to object due to my right to face my accuser. The Judge denied my Motion to Dismiss against Florida Default Law Group who also submitted an affidavit. I also sent a letter received from the servicer stating who the owner of my loan was which did not match the plaintiff in my case. I have filed all my documents directly to the judge’s chambers but apparently he also doesn’t honor our rights nor the laws. Thank you for all you do. Any suggestions would be appreciated. S. Kerr
Robyn Singer said: The work that Lisa Epstein and Micheal Redman are doing is a huge public service. The average person, myself included, knows that Florida has one of the highest foreclosure rates in the country. I had now idea there were so many shady practices going on against the homeowner. This article is very informative, and I will be passing it on to homeowners in foreclosure situations. Thank you Lisa and Michael.
So head over to the Daily Business Review by clicking the link below to post you comments…
LINK – Housing Meltdown – Grassroots effort leads to attorney general probe
Again, THANK YOU!
Michael
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4closureFraud.org
fight-foreclosure-blog
Accolades From Our Friends at FloridaForeclosureFraud.com – Redman and Epstein, “We need about a thousand more just like them.”
Accolades From Our Friends at FloridaForeclosureFraud.com – Redman and Epstein, “We need about a thousand more just like them.”
Fight Foreclosure Blog
I would like to thank our friends over at FloridaForeclosureFraud.com for their greatly appreciated commentary on our DBR article…
Keep up the fight Mike!
Foreclosure fraud investigations came from hard work of consumer advocates
by Mike on September 7, 2010
Demanding foreclosure accountability
Michael Redman and Lisa Epstein didn’t take their foreclosure cases sitting down -they fought back, and fought back hard. Now, in part due to their hard work and tireless advocacy, the Florida Attorney General’s office has launched investigations into four of the largest foreclosure plaintiff’s firms in Florida.
Epstein and Redman had somewhat different motives for taking up the fight. Epstein started as a way of saving her own home, but soon found that the problem went much deeper than she imagined:
Initially, we were mortified, outraged and grieving over the eviction of millions of Americans from the only home that they had. Shelter was chosen as the basis for a Wall Street gamble. Wall Street lost and got bailed out while the average family was evicted onto the streets.
For Redman, the house he fought for wasn’t even his own – it belonged to his fianceé. He started to review various court documents to compare the “evidence” submitted by the banks – and noticed something very suspicious: I began noticing patterns of the same people signing assignments [of mortgage] for 20 different banks but their signatures never matched.
In other words, the documents were faked.
Providing much-needed information for non-lawyers (and lawyers alike)
Both Redman and Epstein have extremely well-read websites that are a key resource for anyone trying to fight a Florida foreclosure: Epstein at Foreclosure Hamlet and Redman at 4closurefraud.org.
My friend and colleague Lynn Szymoniak heaped praise upon them both:
It is strange, but they have the most ready and easy to access information for defense lawyers. They are a huge resource tool for us. On their sites, I can find depositions that would take me hours to get. Some of the most helpful information comes from them.
Right now, the problems plaguing our foreclosure cases are very well known to foreclosure lawyers – but all too few non-lawyers know what’s really happening out there. People like Lisa and Mike make it possible for non-lawyers to learn about, and understand, why our judicial system is so screwed up when it comes to foreclosures. We need about a thousand more just like them.
For more about Mike Wasylik and his Foreclosure Defense practice, check out FloridaForeclosureFraud.com…
As I agree with Mike on the importance of non-lawyer awareness, I also like to believe that Lisa and I teach attorneys representing homeowners a thing or two about Foreclosure Defense, but I know they will never admit to that. 
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4closureFraud.org
fight-foreclosure-blog
