Wednesday, December 26, 2012

Spike Lee the Unfavorite

For years I have felt annoyed at the Spike Lee's hate-whitey sentiments disguised as PRO-Negro, ANTI-negro-slavery activism.  Now I feel sick and tired of it.  Let's get clear about this.  Spike Lee's high-order bigotry serves only himself, not the Negro race, and certainly not the human race.

http://www.ebony.com/black-listed/entertainment-culture/spike-lee-calls-django-unchained-disrespectful-981

Case in point:  Lee recently attacked Quentin Tarrantino for disrespecting Negros in the civil-war era Django Unchained.  The film showed a Negro man's retribution against a slave-owning white man for abusing a Negro slave woman.  Lee didn't like the film's liberal use of the word "nigger," to which Lee referred as the "n-word," as though that word has become unspeakable in modern, polite society.

Well, Lee, you bigot, Nigger, the word, has in no sense become unspeakable.  T
ens of millions of Negroes speak it daily in their polite, jivey hip-hoppish conversations in reference to themselves and to other members of their Negro race, AND TO OTHERS.  I once heard one Negro school child say "Obama's the nigger that runs America, and Mao Tse Tung, ain't he the nigger that used to run China.

Now, either those millions of Negroes are bigots for saying Nigger, or YOU, Lee, are a bigot for pretending it has become politely unspeakable or politically incorrect.  Or do you think ONLY Negroes should have the politically correct right to call themselves Niggers?

Now look, Lee, maybe you don't remember Tarrantino's teen-fantasy flick Inglorious Basterds, which burnt all of the worst leaders of the Nazi Party alive in a French movie theater in obvious protest against their murder of Jews.  If you had any common sense at all, you would see Django Unchained as a film of the same genre - a political protest against indignity toward a race of humans.  He used Django to protest the inhumanity of Negro slavery, and Inglorious to protest the inhumanity of Nazi oppression of Jews.  Inglorious characters referred to the Germans as "Nazis" just as the Django characters referred to Negroes as "Nigger."  People everywhere used the same terminology back in the day.   So, where's your beef?

If you have any beef at all, you should express it against Negroes who continue to stereotype "Niggers" and "Niggas" by their daily behavior, and who have ramped it up by a change from the feckless Amos and Andy of 1950's TV to angry, whitey-hating thugs and their quasi-intellectual counterparts like YOU.  You are just an angry Negro with a chip on his shoulder about the inability of Negroes effectively to resist the enslavement process.  You seem unable to compare the plight of American Aborigines to that of Negro Aborigines in Africa.  The red man could not conquer the white man, and refused to serve the white man.  THAT resulted in the virtual annihilation of the red race in North America, didn't it, Lee?  Can you see the contrast between the red man who refused slavery and the black man who embraced slavery?  Can you see that enslavement in America and elsewhere allowed the Negro race to escape extinction and enjoy elevated intelligence?  You should THANK GOD for that enslavement of Negroes in America.  WHERE is your GRATITUDE?

Lee protested against the Django portrayal of the enslavement of Negroes as a spaghetti western instead of a holocaust.  Anyone with a clue about history knows Negroes in Africa created any such holocaust by rounding up the healthiest, most physically robust Negro villagers, slaughtering those who resisted, tying the necks of others to ropes or poles poles and dragging them to the ships, or herding them like cattle for use as FOOD.  Students of history know that upwards of 90% of intended slaves perished in the related warfare or the journey to the slave market, and American slaves became the TOP survivors of that ordeal. American Negroes might start showing gratitude for the hardiness of their ancestors.


Spike Lee, if you want to protest something meaningfully, ...

  1. Protest the fact that over half of Negro children do not, cannot, and could not on their best day, graduate from high school because they are just too stupid. 
  2. Protest the fact that Negro sluts give birth to over 65% of Negro babies. 
  3. Protest the fact that responsible Negroes take zero responsible action to improve the Negro gene pool, except through miscegeny, if you can call that responsible anywhere outside your wildest dreams.
  4. Protest the number of Negroes who commit crimes and welfare abuse to get by, thereby turning productive people of America, whom they mug directly or indirectly, into their slaves.
  5. Protest the origination of American enslavement of Negroes by African Negroes, the projenitors of the rampaging genocidal murderers in Rwanda, the Congo, and elsewhere in Sub-Sahara Africa.
  6. Protest the Negro mating choices that made them, as a race in Africa, TWO standard deviations less intelligent than the white race (I guess you could boast that improved diet and culture of America, along with 18% white genes, have resulted in an intelligence gap of only ONE standard deviation between Negroes and Whites in the USA, but you might also look that as a partial destruction of the white race - you probably ought to consider it a form of genocide).
  7. Protest the fact that so many American Negroes wear the slavery of their ancestors as some kind of badge of honor and look at slave-masters with dishonor when in fact people of all races have become slaves throughout history, and slavery became an economic necessity in many places and times.
In other words, FIX the problem.  Don't just myopically, bigotedly denigrate those who illustrate it in films, books, and commentaries.  Negroes could fix the problem if they had leadership that understood and cared about it.  Smart people (above 120 IQ)  should have plenty of children.  Stupid people should have none.  When can you get that program started?

Meanwhile, just shut up and leave Quentin Tarrantino alone to create the brilliant entertainment for which you lack the talent.

In case you didn't get my drift, you have become one of my most UNFAVORITE people.


(Revised 17 October 2013).


Bob Hurt, Concerned Bob Hurt         Blog 1 2 3   f  t  
2460 Persian Drive #70
Clearwater, FL 33763
Email; Call: (727) 669-5511
Law Studies: Donate   Subscribe
Learn to Litigate with Jurisdictionary

Saturday, December 22, 2012

Re: From the beginning

--
Bob Hurt - 727 669 5511 - http://bobhurt.com
2460 Persian Drive #70, Clearwater, Florida 33763, USA
Click here to email me: http://r.beetagg.com/?48F181
http://bobhurt.blogspot.com; http://bobhurt.wordpress.com
http://twitter.com/bobhurt; http://facebook.com/truhbob



Quoting Cori :

> Hi Bob,
>
> Thanks for your reply earlier. I guess where I am confused is I have
> always made my hot sauce fresh. I want to ensure a long shelf life without
> sacrificing flavor. So I decided to ferment. The internet has so much
> information that I am not exactly sure how to begin. Some say they ferment
> at home in a crock with just salt, other say cook the mash, some say they
> use vinegar, and so on.
>
> I have wide mouth mason jars that are 1L at home. After I chop and prep
> my peppers I have been storing in our mason jars. I place cheesecloth on
> top and make sure the pepper juice is above the cloth. Well I learned
> today maybe not so good, when one was too full........ it blew on me!
> Yikes! Mash everywhere!
>
> I looked on line at buying airlocks, bungs, and reCAP mason jar lids or I
> could buy oak barrels. Not sure which is a better option.
>
> Do I need to refrigerate the mash or can I store in a cool room?
>
> I appreciate your help. I look forward to hearing from you!!
>
> Cori
>
>




Dear Cori:

I would buy a gallon or half gallon GLASS jar with a plastic lid,
sterilize it, and fill it half to 2/3 full of mash consisting of raw
peppers (with or without seeds) pureed in a blender with at least 1%
salt by weight - I would not use more than 3% because even 1% is VERY
salty. I calculate 1% as 1 teaspoon of salt per one full pint of
freshly pureed mash. It doesn't get simpler than that.

Make sure you use clean jars, utensils, a clean blender. YOu can
disinfect them with white vinegar or by boiling them in water for 20
minutes. I put a jar with a little water in it in the microwave and
cook for 3 or 4 minutes. That boils the water and heats the glass
sufficiently in my opinion. Careful, HOT.

YOU COULD let pepper mash ferment in a food-grade plastic bag. You
set the bag in a pan or bowl and seal it with zip lock or tiewrap so
that air can escape. Then you set the bag in a pan or bowl so that
the opening sits way above the mash, and you compress the air out of
it. As the mash starts to ferment, it will rise and the gas can
escape, but you have to shake it every day, and you should leave
headroom for expansion so it doesn't overflow.

If you ferment in a jar or crock, you can put water in a clean food
grade plastic bag, seal it perfectly, then set it on top of the mash,
and let the end of the bag drape over the opening, and screw on the
lid. This will keep the mash under the liquid so the gas bubbles out.

The idea here: KEEP THE AIR AWAY FROM THE MASH BEFORE AND AFTER FERMENTING.

I also sprinkle a little ascorbic acid (vitamin c) on top of the mash
and stir it into the top inch or so to retard mold growth.

If I leave the jar sitting out with a lid on and air in the top space,
sometimes white stuff starts forming or growing on the top. I imagine
that is mold, but I really don't know. So I skim it off and get the
air out and have no further problem.

Also, after a month of fermentation, I refrigerate the jar of mash.
I've had two half gallon jars in the fridge, full of mash, for 7
years. NO PROBLEM WHATSOEVER, tastes very mellow. Thinking of
bottling and selling it for $50 a bottle.


IF I WERE YOU, I'd get interested in fermenting more than just peppers
by juicing or pureeing and adding stuff to the mash. AND DON'T EVER
COOK IT or HEAT IT.

Carrot - keeps the reddish color

ginger - exotic flavor

horseradish - more exotic, earthiness

onion - what aroma, loaded with sulfur

vanilla bean - imparts an exotic flavor.

garlic - more aroma, sulfur - add this AFTER the ferment starts
bubbling robustly because it tends to kill bacteria.

coconut

beet

Berries (seeds removed) - Grapes, cranberry, blackberry, raspberry,
blueberry, cherry, acerola

Fruits (pits removed) - apple, papaya, mango, pineapple, jack fruit, sour sop,

Note on fruits and berries, I would run berries through the juice
extractor repeatedly to extract the find pulp and juice, and leave the
seeds behind. When high-sugar products ferment, they produce alcohol
if yeast exists in the product, which it nearly always does. When you
continue the ferment long enough, the liquid becomes vinegar.
Normally you add apple cider vinegar to pepper mash to create pepper
sauce. So, I suggest that they should ferment together. That way you
select your own vinegar flavor and ferment the vinegar as part of the
pepper mash.

Grape, apple, apricot, raspberry, (and certain other seeds) all have
profound nutritional value, but generally you need to process them as
below.

Almond or apricot kernels and/or apple seeds - To remove enzyme
coating that defeats digestion, you can rinse a cup or two of raw
almonds, soak them over night in unchlorinated water (this will swell
and soften them), then puree them in apple or some other berry juice,
and then use a nylon mesh bag to squeeze out the juice. This you can
add to the ferment. It will contain some almond oil and give it a
unique flavor, plus add protein to it. Apricot kernels put B17 in the
mash. If you have some kind of hydraulic press or rollers you can
crush the seeds to extract oil, flavonoids, nutrients.


Grape leaf - some people use this in pickle recipes. I think you
could include it in pepper mash - put a couple of leaves in each jar
till you bottle some sauce.

You can experiment with any or all of these. You can take some of the
fermented mash and smear it on cabbage leaves, then roll them around
pieces of ginger, carrot, onion, and stuff them in a glass jar, and
store them at 50 degrees (in the north, just bury them in the ground
for a month or so. This makes hot kim chi, a Korean special food.



After a couple of weeks the furious ferment bubbling will finish. If
you have added fruit juice or pulp having a lot of sugars in it, the
ferment will probably produce alcohol. That imparts a dramatically
different flavor. I bake a lot of sourdough bread. The alcohol
dissipates during baking, but the tart flavor from the bacteria
fermentation remains behind, giving the bread its tartness. You can
let bread ferment too long before baking, and that will make it taste
too tart.

I suppose the same is true for hot pepper mash.

So I'd say you should experiment. Peppers have SOME sugars in them
(for example ball peppers, they have a LOT of sweetness), and that
causes yeasts in the product to eat those sugars, producing both gas
and alcohol. That contributes to the ferment, perhaps causing the
whitish stuff on the surface some of my pepper mash in the past.

So if you get a bad result with the addition of fruits and
berries,you'll have some clue why. You can stop the fermentation by
pasteurizing the mash, and dramatically slow it by refrigeration.

I would stick it in the fridge after a month or 6 weeks of
fermentation at room temperature, and test it by drawing off a bottle
of it and leaving that to sit out.

If the liquid and solids of the mash separate, you can add some
xanthum gum (a little goes a long way - test it on a small batch
first). You can buy that at the health food store.


Stay in touch and let me know how it goes

--
Bob Hurt - 727 669 5511 - http://bobhurt.com
2460 Persian Drive #70, Clearwater, Florida 33763, USA
Click here to email me: http://r.beetagg.com/?48F181
http://bobhurt.blogspot.com; http://bobhurt.wordpress.com
http://twitter.com/bobhurt; http://facebook.com/truhbob



>
>
>
>
>
>

Monday, December 17, 2012

Bob Hurt responds to Neil Garfield's blog: Reaching the Boiling Point: Sandy Hook and Wall Street

I just posted this comment in response to Neil Garfield's blog entry about the school shooting.

 

 

 

*************  Bob Hurt's comment *************

 

 

Up to "YOU," Neil?  I guess you have stated the problem.  Maybe you should have said "It's all up to ME."  But then you don't have a plan except,

 

Your echoing of the story of the shooting in the Connecticut school only poses a problem, a traditional liberal scare tactic  You pose no actual solution.  You murmur the tired, effete, insipid liberal sentiment of restricting restrict gun ownership.

 

When people have to give up their dangerous weapons, others will rob and murder them.  Every public school operates under a no-weapons-on-campus rule.  So frustrated, demented bad-asses come into them from time to time and mow down whomever they can.

 

IF those bad-asses knew that every teacher and staff member packs heat, they would not do that, would they, Neil.

 

Our public schools show PRECISELY WHAT WILL HAPPEN WHEN Government disarms a society.  Bad-Asses will rape, murder, pillage, and plunder.  Think RWANDA, Neil.  Think CONGO.

 

I DO have a plan:

 

PART ONE:

 

Arm ALL SCHOOL TEACHERS AND STAFF and REQUIRE them to take periodic competency training with the weapon so they can use it in emergencies to gun down trouble makers (including kids who try to beat them up).

 

Teachers should also carry non-lethal weapons like laser pointers that can blind an adversary or burn the adversary's skin or clothing.

 

Naturally all such weapons should have fingerprint/iris/voice recognition built in to prevent unauthorized persons from operating them.

 

Teachers and staff have a RIGHT to defend themselves, not to run around like the metal ducks at a carnival shooting gallery.

 

PART TWO:

 

Eliminate "bad" (stupid, irresponsible, and criminal) people from our society.

 

1. Stop procreating them - the bulk of welfare and social problems in America come from inferior and defective people.  No law of nature gives stupid and irresponsible people any special right.  The law of the survival of the fittest, "SOF," typically mandates their death.  That becomes unnecessary when we stop procreating them.  When government actually protects them instead, and finds no way to obtain the benefits of SOF, government thereby guarantees their proliferation.  Every state should enact a constitutional amendment that forbids the procreation of children who are stupid or seriously defective in some other way.  That becomes most humanely possible through sterilization of the stupid and defective, and through broad encouragement for smart, able people to procreate large families.. 

 

2.  Stop granting suffrage to them - allowing the stupid and irresponsible to vote guarantees that the city, count, state, and nation will have criminals at the helm of government who rob from the smart and responsible and give to the stupid and irresponsible.  That has made America into a welfare state that enslaved the productive in society so as to bestow largess on the criminal and feckless, both inside and outside of the USA.

 

As a nation we breed, feed, and cultivate the stupid and irresponsible, and we allow them to control government, almost as though we have a sacred duty to do it.  25% of the population haven't the intelligence to graduate from high school.  Another 15% haven't the responsibility to do so.  That MUST stop or the USA will slide ever further year by year into third world status and become the anus of civilization.

 

 

[Editor's note: I would add PART THREE:  legal requirements for training of prospective parents and spouses, and preventing conception by and in all people until married, living with the spouse, and financially stable.  I neglected to mention that in the response.]

 

 

I mean no personal insult here, Neil, but you have proposed a solution for the school shooting  that I find as ridiculous and unworkable as your solution to foreclosures.  Please allow me to explain.

 

You encourage people to hire you and your associates to do securitization audits, loan audits, and fight against the foreclosure process, EVEN THOUGH YOU KNOW that every mortgagor signed the note and mortgage, took the loan, owes payments, and must forfeit the collateral house for failure to pay according to the note's terms.

 

THERE IS NO SUCH THING AS A VIABLE FORECLOSURE  DEFENSE in such a circumstance with a valid mortgage loan.

 

NOTHING the lender/assignee does with the note changes the above facts.  So, using foreclosure defects as a defense merely delays the inevitable foreclosure.  The borrower who fails to pay RIGHTLY becomes DOG MEAT for the lender DOG.  Trying to snatch the dog's meat away from the dog simply wastes resources and increases mortgagor costs and ruins the mortgagor's credit rating further.

 

The ONLY PRACTICAL DEFENSE of foreclosure lies in an ATTACK AGAINST THE MORTGAGE.  Every home mortgagor in the past 10 years should get the mortgage comprehensively examined for causes of action like tortious conduct, contract breaches, and legal errors by the lender and agents.  Such causes of action might VOID the mortgage and garner huge damage awards in litigation, or provide leverage to negotiate a mortgage cram-down (reduction of loan balance to present value of the house).

 

Only rarely (almost as rare as chicken's teeth) can you get anything close to either of those benefits by defending against the foreclosure.  You only get them by ATTACKING THE MORTGAGE.

 

I know the only man in the country who can do a competent  comprehensive mortgage examination.  And that man is not you, Neil Garfield. Sadly, your foreclosure solution is no better than your school shooting solution.

 

 

***

 

Bob Hurt

 

Contact: Email  bh   f       t • 
Blogs: 
1 2 3 • 
Law: 
E-letter Subscribe Donate Learn
2460 Persian Drive #70,  Clearwater,  Florida 33763  •  
727 669 5511

 

 

***

 

 

From: Livinglies's Weblog  
Sent: Monday, December 17, 2012 11:29 AM
Subject: [New post] Reaching the Boiling Point: Sandy Hook and Wall Street

 

Neil Garfield posted: "We all know that there was a tragic shooting at Sandy Hook Elementary School on Friday. It was happening while we were pursuing our daily errands and work routines. I was typing an article on the blog, oblivious to the fact that at that very moment a gunm"

 

 

 

New post on Livinglies's Weblog

 

Reaching the Boiling Point: Sandy Hook and Wall Street

by Neil Garfield

We all know that there was a tragic shooting at Sandy Hook Elementary School on Friday. It was happening while we were pursuing our daily errands and work routines. I was typing an article on the blog, oblivious to the fact that at that very moment a gunman not only shot his way into the school killing the principal and other administrators and educators, but mostly killing children whom he shot, in some cases up to 11 times each. How dead did they need to be before the crazed gunman turned to the next child, aged 6 or 7?

The death toll is placed at 28 by most organizations on the scene. He aimed well with skillful precision having been brought out to the gun range for target practice by his Mother who legally purchased the weapons but obviously left them in a place where the gunman could gain easy access to them. He shot her before he left dressed commando style to commit one of the worst atrocities at a school in our history. And based upon history and human nature, there is no other reasonable expectation but that this will happen again and again with escalating numbers of dead victims.

I've heard comments like "at least it wasn't as bad as Virginia Tech or Aurora." Yes it is just as bad and the numbers of dead victims are barely relevant to the atrocity visited upon the actual victims and their families, the witnesses, and the children and adults who will be scarred for the balance of their traumatic lives.

Yet at the same time this school shooting was taken place, someone was planning a  similar shooting the next day. We live in a society in which there are, on average, 32 murders by gun each year.  Other countries have had incidents, but on balance the number of gun murders in the U.S. per capita, far exceeds the numbers in all other Western nations. On a visual chart it looks like the lines plotted for our country don't even belong there because they are so far out of line with dozens of other countries and have been for decades.

It all comes down to determining our priorities --- is it more important to protect people who have or want guns or is it more important that we protect our citizens, our children, from being targeted by gun violence. That is a fight between ideology and reality. 74% of NRA members are in favor of reasonable gun regulation, about the same as the rest of the population.

The dirty little secret is that the amount of  money being made by NRA leaders, lobbyists and vendors not only gives out the wrong message, but is making them richer, by the day, in opposing any regulation on gun purchases and ownership. In Florida and other states you need to renew your license every three years to use a dangerous instrumentality --- a car. It is deemed a dangerous instrument because cars kill around 40,000 people per year.

I'm a gun owner and I possess weapons requiring a license if I want to leave the house. But I should be subjected to at least license requirements and renewals the same as cars. For those who say that the second amendment should protect them the government knowing their gun ownership and usage, we cannot deny they have a point simply because of the second amendment, which is the law of the land. Taken literally, it would appear that weapons of any kind should be just as available to members of the public as the military.

Yet taken to extreme, this would mean that missiles, cannons and nuclear weapons should be in the hands of civilians. With 32 gun deaths per day, how many times would we read in the newspaper that more missiles and nuclear attacks from domestic terrorists have occurred? There is obviously a tipping point where even the most ardent NRA member would concede that such weapons should not be allowed in the hands of the public. At that point these same anti-government ideologists concede that government indeed plays a rule in keep the playing field level and safe.

Those on the left end of the political spectrum mus realize and accept that the the second amendment actually exists and that some of the measures they propose would eviscerate the rights set forth in that amendment. In the end it is a process of keeping out children safe. We must balance rights perhaps too strongly worded but nonetheless in existence as set forth in the 2d Amendment with he public policy need to regulate the sale, ownership and use of those weapons.

Taking the ultra-orthdox gun owners' arguments at their word, they want to be protected from a government or society gone wild. But a simple mind experiment (or actual experience if you have one) will tall you that even if you possessed the same number and caliber of weapons, you will never have the same number of soldiers that the government controls and that arming every household will only lead to more domestic filing shootings (a primary source of gun deaths) and death by police, in all probability, without enough intelligence to know what was going on or why.

32 gun deaths per day or to put it annually, that would make it 11, 585 per year, more than 3 times the number killed on 9-11. Over the term of a President, more than 48,000 gun related fatal crimes, some including police officers, around the same number of American treasure lost in the entire Vietnam war.

When it is bad enough in a wealthy, white neighborhood, it makes front page news. In the inner city the deaths from young gun wielding people in and out of school has reached daily epidemic proportions. We are numb to violence because it is all around us in reality, on TV, movies and video games.

Like the frog in the pan full of water, we are unaware that the heat has been gradually increasing until we are already cooked. And we reward the ratings of main steam media for continually reporting breaking news that is hours, days or even weeks old. It's not the news that is breaking, it is the news media process that is broken.

It has been the same with foreclosures. Despite the fact that we know the thousands are being foreclosed we are accustomed to hearing the numbers without calculating the shattering of human lives, hopes, dreams and illusions of safety. Like the fanatical gun lobbyists, we rationalize to ourselves that because the homeowner did receive the benefits of a loan, that a stranger to the transaction can simply steal the house without ever have been a creditor, and without ever having pout money at risk for funding or acquiring a loan.

We know about the fabrication, forgery and corruption of title just as we know another 32 people will lose their lives today in gun violence. We know it's wrong to shoot a 6 year old by 11 times with assault-style weapon and we know that something went horribly wrong in the mortgage meltdown.

We are leaving the evidence on the ground --- the forgeries, theft, fabrications and illegal means used to steal homes, but we do nothing. But we steer away from the essential question of why these homes are in danger of foreclosure  and why the banks should receive the benefit of a free house plus a profit that often exceeds the false appraised value of the house used at closing. We don't ask why?

We are at a boiling point in our history allowing 280 million guns and the coup d'etat using money instead of weapons run our country. Are we going to sit there or are we going to let the boiling pot break into our sensibilities and move us us to action.

It's all up to you

Neil F Garfield, livinglies.me

Regards

Neil

 

 

 

 

 

 

 

 

 

 

 

 



I am using the Free version of SPAMfighter.
SPAMfighter has removed 17779 of my spam emails to date.

Do you have a slow PC? Try a free scan!

Sunday, December 16, 2012

Two Gov't Reports Evidence Widespread Mortgage Fraud

FINALLY, A REAL PURPOSE FOR ATTORNEYS
Two Gov't Reports Evidence Widespread Mortgage Fraud, Justify Mortgage Examinations

By Bob Hurt, 16 December 2012

Two salient reports, created at great government expense, detail the manner in which Government colluded with the Finance Industry to create a predatory lending, Mortgage-Backed Security (MBS), and Insurance racket that caused nationwide job loss, realty value collapse, and destruction of homeowner equities.  Mortgagors have NO ability to use such reports to win respect from the courts.  But some attorneys might.  Right now America needs just a FEW GOOD ATTORNEYS.

Incidentally, I intended the title not as a slam against attorneys, but as a suggestion that it does not take much talent to fight foreclosure, drag out the inevitable loss, then lose, leaving the client with a much more massive debt than before, and with no home.  It takes a lot of legal talent to fight and win against the mortgage itself, and the predatory lending that destroyed the client’s home equity.

Reports that Prove Mortgage Lender Racketeering

 From the dates of the reports the reader could surmise that foreclosure court judges have known of these for almost two years.  And yet, we read NOTHING about these reports in the case histories of foreclosure battles.  Why?

I believe these reports, published on US Government web sites, have become self-authenticating evidence of the fraud and racketeering that collapsed homeowner equities and jobs, and made it impossible for many to make mortgage payments.  Every Foreclosure Defense attorney should serve the court with MADATORY JUDICIAL NOTICE OF THE ADJUDICATIVE FACTS which those reports delineate.  As far as I know, NONE do.

One legal expert told me that they might serve as general evidence of fraud in the finance industry, but not as anything specific to any particularly loan.  To that I must agree.  But I believe principles of equity demand that courts heed the reports and use their content to justify loan cram-downs for those borrowers who can afford to make the resulting payments.  And for those foreclosures consummated, the lenders should pay the lost equity to the injured borrower.

How the Financial Crisis Injured Mortgagors


Look at this clearly.  The Finance Industry racketeering that caused job loss and collapsed realty values injured mortgagors terribly.
  • Realty value collapse made mortgagors lose the equity they had accumulated in their homes.  That meant the home constituted an investment.  The lenders knew or should have known that their own behavior would precipitate the equity loss.  But they used the massiveness of injury to widespread mortgagors to cloak the injury to each individual mortgagor.  And the courts let them get away with it.
  • Job loss affected a huge percentage of mortgagors, including those who had invested in rental residences to earn a living.  People who lost jobs could not afford rents or mortgage payments and moved out in a kind of disgrace.  Foreclosure abounded.  Job loss constituted a huge injury.
  • Those who could no longer afford the mortgage had to move out so as to live with relatives or in government or charity housing, or in a far less expensive place. They lost their homes, a terrible injury.
  • Those who could not afford the mortgage got deceived by the lender’s fraudulent inducement into buying the house, only to lose it after discovering they could never have afforded it.  And the loss to foreclosure destroyed their credit rating for years, a terrible injury.



Do NOT try to tell me that NO ATTORNEY HAS THE ABILITY to put these injuries and lender culpability for them into the evidence record of a foreclosure or tort/breach case.

For years I have preached “Attack the MORTGAGE, NOT the Foreslosure.”  I have illustrated how lenders and their agents cheated mortgage borrowers with falsified loan applications, fraudulent appraisals, and various legal errors.  Now I further illustrate the cheating through the evidence in the above two reports. 

ABSOLUTELY NO QUESTION EXISTS as to whether ALL major mortgage lenders over the past 15 years have engaged in predatory lending and related fraud, contract breaches, tortious conduct, and flouting of regulations and laws related to making loans and collecting debts.

So, why don’t foreclosure defense attorneys have the chutzpah to hammer the courts with the above two reports?

For one thing, I believe most are too lazy or overworked to read them, over 630 pages each.

Second, I believe they cannot connect the evidence dots between the generalities of the reports to the specific behavior of lender in question and the mortgage loan in question.  But I believe those dots exist with crystal clarity and any good lawyer should be able to connect them.

How to Show Lender Culpability for Equity Loss


To create specific lender culpability, the attorney must

  • Enter both of the above reports into evidence through judicial notice, but specifically point to the hard, cold, irrefutable fact that the industry and government colluded in predatory lending practices that created the injurious financial crisis.
  • Show that the lender for the instant mortgage belongs to the set of evil lenders in the above reports.  For example, the reports specifically mention WAMU.  Who now owns WAMU’s assets and liabilities?  That lender therefore becomes a generalized predatory lender responsible to compensate the injured for WAMU’s errors.
  • Discover whether that lender made any predatory loans at all in the past 15 years.  This creates a presumption that the lender could have made many.  Court records should reveal this
  • Get the mortgage-related documents in question examined professionally.  If the mortgage fraud examination report shows lender/agent malfeasance, then that proves the lender is still engaged in dirty tricks, part of a sweeping pattern of predatory lending that has endured for at least a decade
  • Examine the record of foreclosures by the lender to discover how many judgment liens exist for large sums resulting from equity loss. Enter this into evidence in order to impugn the integrity of the lender, for it proves equity-related injuries to all those foreclosure victims, particularly when compared to similar foreclosures 15 years earlier
  • Examine the foreclosure records of the instant lender for evidence of robosigning, fraudulent assignments, Pooling and Servicing Agreement or REMIC violations.  These all show a generally scurrilous and abusive character of the lender’s board of directors and operating policy makers.  They prove a pattern of racketeering.
  • Examine compensation plans for the lender and draw a contrast to the borrower abuse such plans led to in WAMU.  That is, show how the compensation plan encouraged executives to make predatory loans, thereby putting the instant lender into the category of lenders known as “predatory”.


A clever litigator could come up with a dozen more means of bringing to the court’s attention the corrupt behavior of the instant lender in the context of the two crisis reports above.  And THAT will prove that the charges levied against lenders in that report APPLY TO THE INSTANT LENDER.

I believe the proper ambition here lies in using the courts to force lenders into cramming down ALL foreclosure-prone mortgage loans to a new balance equal to the actual value of the house minus all paid-in equity. 

Valuation – Appraisal Issues


The above reports do mention widespread appraisal fraud as a factor in predatory lending.  That fraud happens both officially and unofficially.

Officially, the USPAP (Uniform Standards of Professional Appraisal Practice) guidelines fail to include considerations that dramatically affect valuation, resulting in single family homes overvalued by as much as 30%. Unofficially, appraisers try to meet realtor/lender/seller price expectations, and typically overvalue the property, sometimes as much as 10% to 15%.

The estimate of actual value should include foreclosure auction prices and the potential income capitalization if rented out, which appraisers generally never consider.  In other words, the lawyer should make the point to the court (and prove) that USPAP guidelines are essentially fraudulent for failure to include all of these elements in an appraisal:
  • Market Value
    • on the standard retail real estate market through realtors (including commission)For sale by owner market (no commission)Foreclosure sale market (foreclosure sales often bring only 30% to 50% of retail)
    • Income property market (what a rental entrepreneur would pay for it)
  • Income capitalization – what it would bring in rents.  The typical home mortgage payment is 40% higher than the rental income the house would bring, and the owner would have to pay for all management, renewal/refurbishment, and repairs from rental income.  This shows that the typical residence for sale is grossly overpriced.
  • Replacement cost adjusted for the effect of lower interest rates and actual costs of land, labor, and building materials.  Seasonal trends and the effect of interest rates must be eliminated from replacement cost calculation, and the appraiser should consider the cost from the point of view of a contractor, not one who would hire the contractor.  Contractors tend to jack up their prices when interest rates collapse, as they did in 2002, and that falsely inflates replacement cost.


The appraisal industry owes a duty to consumers to show the actual value of real estate, not an exaggerated, overhyped, inflated value that favors realtors, builders, sellers, and lenders, but cheats the buyer/borrower.  A good lawyer has to get the court to agree that USPAP favors realtors, builders, lenders (and appraisers) by failing to consider, weigh, and include in their calculations very important factors in home valuation which I have outlined above.

For example, since the financial crisis started hitting hard in 2007, causing massive joblessness and homeowner equity collapse, the ensuing foreclosures have thrown a glut of houses into foreclosure auctions.  Those auctions have become a palpably real marketplace for buying houses a wildly low prices.  One borrower called me in tears because she attended auction of the house in her foreclosed $128,000 loan.  It brought $28,000.  She said an investor bought and flipped it right away.  THAT shows the actual value of the house, doesn’t it?  Not $128,000, but $28,000.  The appraiser, of course, would value it at $100,000 or more BECAUSE USPAP guidelines fail to include foreclosure auction prices in the appraisal method.

And that means the home-buying public pays unconscionably high prices for real estate, all because of phony appraisals.  A decent lawyer could and should make this point a reality to the court.


My Challenge to the Legal Community Re:  Mortgages


The time has come for lawyers to abandon foreclosure defense as a strategy and belly up to the bar of MORTGAGE ATTACK.  The American community needs more Attorneys with the competence and courage to do whatever they find necessary to hold lenders accountable for
  1.  collapsing realty values,
  2. destroying the mortgage victim-client’s homeowner equity, and 
  3. forcing the client toward or into inability to make mortgage payments.


The Attorney’s FIRST STEP:


GET THE MORTGAGE-related DOCUMENTS EXAMINED for lender/agent

  • Fraud
  • Tortious Conduct
  • Contract Breaches
  • Legal Errors


All of these constitute injuries to the client, and those injuries resulted in damages.

The SECOND STEP


Find ways to connect the mortgage examination report to the two government reports at the top of this article, combining them into a package of evidence that shows obvious and intentional predatory lending practices by the lender. 

Of course if the report shows no causes of action, you can still rely on the two government reports at the top of this article to prove lender culpability for client mortgage woes.  Failing that, you can guide the client to the most painless way to exit from the house – short sale or keys for cash.

The THIRD STEP


Demand restitution such as a cram-down, the house free and clear, and walking money.

  • Negotiate for a settlement for your client, or
  • Sue the lender for the injury and demand awards for compensatory and punitive damages, legal fees, and sanctions against opposing counsel for knowing abuse of the rules or court.


The PERFECT Mortgage Strategy


I have given you the perfect mortgage strategy:

ATTACK THE MORTGAGE, NOT THE FORECLOSURE.

It should go without my saying that you will nearly always lose by attacking the foreclosure on the basis of assignment problems, robo signing, standing, lack of verification in the complaint, etc.  Generally, the Plaintiff will fix those problems, refile or appeal, and win the foreclosure order.  Meanwhile your client wasted money on your fees because the client loses the house in spite of your work. 

Furthermore, the client could reason that your incompetence made him lose the house, and go after you for malpractice.  Why? Two reasons.
  •  Any good attorney knows it’s better to be the plaintiff DOG instead of the defendant DOG MEAT.  Dog meat can never get the house free and clear, a cram down, or any other concession, unless the plaintiff or counsel acts like a complete bozo.
  • Furthermore, if your client says “hey, they say I breached the contract,” YOU should EXAMINE CONTRACT AND ALL THE RELATED DOCUMENTS for causes of action against the lender so you can file a corresponding counterclaim or original tort/breach lawsuit.  That way you make your client the DOG and the bank into the DOG MEAT.


If you fail to do that, but did something else, don’t YOU think you committed malpractice? 

Let’s say a client came to you complaining that some other lawyer gouged him $5,000 to $20,000 and lost the house to foreclosure for breach of contract WITHOUT bothering to examine that very contract for evidence of lender fraud, torts, breaches, or legal errors.  Wouldn’t YOU advise a malpractice action to recover damages from that attorney?

You need to do that exam in self-defense, or HOPE that your client has not read anything I’ve written on the subject.

How the Mortgage Exam Opens Your Practice to a HUGE Client Base


You should carefully consider the Mortgage Examination in light of your own business strategy.  When you help destitute and desperate clients fight a foreclosure, you limit your client base to pretty much broke foreclosure victims who struggle to pay your fees.

But, imagine what happens when you help ALL mortgagors, including those who have excellent income and assets, and no problem paying their mortgages.  YOUR EARNINGS become that much easier to make.  Your client base can include those with the resources to pay your fees, including the examination cost. Many of them can easily afford to litigate.

When the exam reveals causes of action that can let them negotiate a cram-down, that means you can, over a period of years, save them many thousands of dollars with your service.  Furthermore, they might feel very inclined to sue the lender as they realize their house value has dropped way below their present loan balance.

You can rely on the Financial Crisis reports that I named above AND the Mortgage Examination Report to convince the court that the lender injured your client egregiously, cheated the client in the mortgage process, and caused a massive loss of equity in the home afterward.

A competent attorney can win numerous compensatory and punitive damages awards, and legal fee awards for the client base.  Here you will read an example of an attorney who did that for a foreclosure victim.  Take note that lenders just as badly injured many mortgagors who have not faced foreclosure.

Brown v Quicken Loans 
https://archive.org/details/BrownVQuickenLoansOverviewAndCaseFiles

In the above case, attorneys Jim Bordas and Jason Causey won compensatory damages, legal fees, and a $3.5 million punitive damage award from predatory lender Quicken Loans.  Of course, the victim, Ms. Brown, got to keep the house free and clear of any mortgage at all.  Read the case details and imagine how YOU would feel with such a win.  That would put ALL of your foreclosure defense wins to absolute shame, wouldn’t it?

Now, translate that win to your opportunities in the non-foreclosure base of predatory lending victims around your base of operations.  VISUALIZE  plucking overripe fruit from low-hanging branches.  Imagine getting exams done for your present base of clients who suffered final foreclosure judgments.  SEE yourself getting mortgage exams done, then negotiating with or suing  lenders and getting big cash settlements from them.

You can create such a reality.  And the Mortgage Examination makes it possible.

How to Examine the Mortgage


In a word, DON’T.  Not by yourself.  Not without the years of training and education it takes to develop the requisite competence and expertise.  Even with such ability, the typical attorney simply cannot do the examination cost-effectively UNLESS a HUGE punitive damages award waits in the wings to justify it.

However, you can hire a professional examiner to do it for you, and pay less than $5K, usually FAR less.  I do NOT mean loan audit, securitization audit, or appraisal audit here.  I mean a full-blown examination of all the documents related to the mortgage, including note, mortgage, all closing papers, foreclosure complaints, correspondence, loan application, real estate purchase agreement, appraisal, EVERYTHING, sometimes between 500 and 2,000 pages. 

The Professional Mortgage Examination requires that the client fill in a comprehensive questionnaire and non-disclosure agreement (NDA). The client scans in all mortgage-related documents and delivers them with Paypal payment and the NDA via the web. The exam will take 7 business days.  Then the examiner will send you a report that delineates the causes of action and areas that you should investigate further.  

Obviously an irregularity in client signatures might justify further inspection by an expert witness handwriting analyst, and a suspicious note/mortgage might need another forensic expert to inspect the original under a microscope or take fiber samples from the paper for testing and comparison with other actual originals.  Or you might need to hire an expert witness appraisal reviewer to make a comprehensive study of the factors associated with the appraisal, if the initial exam report warrants it.

Why might you need additional experts?  To testify in your local court, of course.

The Professional Mortgage Exam goes into sufficient breadth and depth to show a competent attorney the reasons (in the form of causes of action) to negotiate a settlement or sue.  But it makes no sense to sue if the a settlement can please the client.  And it makes no sense to hire expert witnesses unless you need them to testify, which never happens in a settlement negotiation.

How to Get the Mortgage Exam Report Styled as a Complaint


The Professional Examiner, a competent litigator, can style the examination report as a complaint, ready for filing in a court of the state where the realty sits. The examination firm offers this service only for licensed attorneys. This can become a big help to overworked attorneys.

How to Resell the Mortgage Examination Service


If you decide you want to offer the Professional Mortgage Examination as one of your services to the general public, you can order the report in generic form, WITHOUT the examiner logo or contact information.  In that case you will need to collect all the mortgage documents already scanned in (or scan them yourself), collect the payment from the client, contract for the exam, pay the fee, deliver the scanned documents, and receive the report back for consultation with your client after 7 business days.  You can, of course, mark up the service.

If You Need or Want a Mortgage Fraud Examination…


Contact me immediately  by phone, email, or carrier pigeon.  I will explains all the details to you and put you in touch with the examiner when you get ready to go forward.  I charge nothing for this service.  I do it AS  a public service  to any who ask. 




***
WARNING:  I do NOT function as  law practitioner, lawyer, licensed attorney-at-law, or legal advisor.  Construe my comments ONLY as speculation or general information, and NOT as legal advice for you or anyone else.  Consult a well-qualified attorney (good luck finding one) in all questions of legality or law.

Bob Hurt

Contact: Email  bh   f       t 
Blogs: 
1 2 3 
Law: 
E-letter Subscribe Donate Learn
2460 Persian Drive #70,  Clearwater,  Florida 33763  •  727 669 5511


***




I am using the Free version of SPAMfighter.
SPAMfighter has removed 17608 of my spam emails to date.

Do you have a slow PC? Try a free scan!

How NOT to Shoot Yourself in the Foot with a Loan Mod

How NOT to Shoot Yourself in the Foot with a Loan Mod

Reference Case:  http://docs.justia.com/cases/federal/appellate-courts/ca5/12-50064/12-50064-2012-10-03.pdf

 

Okay, let’s suppose you want a HAMP loan mod so you can stay in your house after losing your job and becoming unable to make mortgage payments.

 

You might like these ways of shooting yourself in the foot

 

1.       Lie on the Loan Mod application by claiming you cannot afford payments when you can.

2.      Take the Trial Payment Plan (TTP) reduced payments, and spend the excess on needed home improvements.

3.      Fail to follow the Loan Mod steps PERFECTLY

4.      Sue the lender for not granting the loan mod when you fail to follow those steps perfectly.

 

Borrowers need to consider some related realities:

 

1.       First of all, a Loan Mod IS A CONTRACT.

2.      Second, the Bank does not have to approve the loan mod except in accord with written, signed agreement.

3.      Third, borrowers still owe principal and interest on the existing loan until they and the bank execute the loan mod agreement

4.      Fourth, a loan mod constitutes a stupid investment for most people because of the hardship the balloon will impose and the percentage of payments that constitute interest.

 

I have attached a USCCA for the 5th Circuit opinion for Case No. 12-50064 (Pennington & Smith v. HSBC and Wells Fargo Bank) with yellow highlighting to illustrate the above points.  The litigants sued the lenders in Texas state court, the banks removed it to USDC, the USDC dismissed it, and the USCCA affirmed the dismissal. 

 

The court pointed out that one appellant stupidly admitted having enough money to make the normal mortgage payment, and another claimed to have spent the excess on home improvements.  That alone justified denial of the Loan Mod because the bank won’t give a loan mod out unless the borrower suffers dire impossibility of making payments.

 

Mortgagors need to understand that they commit a federal crime by lying on a loan application, and that could land them in prison with a hefty fine to pay.

 

Mortgagors need to understand that if they make a mortgage payment 5 minutes after the close of business on the due date, the bank can foreclose on the loan in accordance with the terms of the note and mortgage security instrument.  Lenders don’t have an obligation to give a grace period, even if they charge a late fee.

 

Borrowers cannot validly complain if lenders use foreclosure as a strategy to turn over the loan.  As any student knows, banks want to make money from loans, and they best do that through payment streams, tax benefits, securitization, insurance, origination fees, and keeping the loan “fresh.”  By “fresh” I mean keep the loan new enough so that the vast majority of the payment constitutes interest.  Fresh means less than 3 years old, and certainly less than 5 years old.  Lenders want borrowers to sell the house so a new owner will get a new loan on it.  They want borrowers to refinance and blow the money on luxuries they don’t need.  They want to collect insurance payoffs for their losses when borrowers stiff them.  They want to foreclose so they can get a shill to buy the house for as song at auction and flip it to them cheap so they can make more on resale.  Sure, some lender ambitions backfire and leave them with a ton of real estate in their inventories. But they love fresh loans, and they would never do a loan mod if not financially beneficial to them.  That’s why they require a huge balloon payment on the back end.  They know most borrowers will not have the ability to pay it, and the bank will foreclose on them anyway.

 

The Loan Mod – a SERIOUS MESS, not good for most mortgagors

 

Allow me to put this whole Loan Mod mess in perspective for you.

 

You have mortgage woes and you want the bank to cut you a break.  So you go groveling to the bank for a loan mod, the bank strings you along, you get behind on your mortgage, the bank denies the loan mod because YOU DID NOT QUALIFY, and the bank forecloses on you.  You have NO CLOUT.  You cannot negotiate your way out of a paper bag.  Your rainbow at the end of the tunnel becomes a firestorm from hell.

 

You sue the bank for stiffing you in the loan mod, and the court throws you out, minus several thousand for the cost of the lawsuit.

 

You hire a foreclosure defense attorney who bilks you $10K to $20K to keep you in the house a while longer.  But you lose the house anyway because you cannot convince the court or the trustee that you don’t owe the money.

 

You get NO MERCY.  Pardon the expression, but YOU become the attorney’s BITCH, the servicer’s BITCH, and the Bank’s BITCH.  You got ZERO respect and you still lost a fortune.  You became DOG-MEAT and the bank became the DOG.  And your foreclosure defense LAWYER fed you to that DOG.

 

All because you failed to follow a workable, sensible strategy.  You probably think no such strategy exists because if anyone could win for you, those foreclosure defense lawyers could.  If never occurs to you that you became a victim of legal malpractice in that failing foreclosure defense.

 

Key to Winning:  Professional Mortgage Examination

 

But I have GOOD NEWS for you.  A winning strategy DOES exist.  It will put YOU in the driver’s seat of your mortgage.  It will make you the BIG DOG.  It will let you turn the lawyer into your bitch, and the bank into DOG MEAT.  The winning strategy is:

 

GET YOUR MORTGAGE EXAMINED FOR TORTS, CONTRACT BREACHES, and ERRORS.

Walk from the house if the exam shows no causes of action – you will lose it anyway

If the exam shows causes of action, NEGOTIATE OR SUE FOR SETTLEMENT

 

Do you SEE?  That’s as easy as 1-2-3:  Exam, then walk or settle.

 

What does the exam do?  It lets you NEGOTIATE FROM A POSITION OF STRENGTH.

 

When the bank sees that the exam uncovered fraud in the loan application or appraisal (typical), its officers will prefer to settle with you through a loan cram-down – a reduction of the balance to the value of the house, and a refinance at the going rate for 30 years with NO BALLOON.  Now THAT is a sensible mortgage you can probably afford.

 

Furthermore, the bank knows that if you sue, the court might award you PUNITIVE damages as well as compensatory damages.  That realization will incline them toward giving you the house free and clear to avert the lawsuit.  And if you actually have to sue, a competent attorney might obtain a substantial cash settlement for you, as in this case.

 

Maybe You Should WALK from the House

 

Mortgagors who rush into a loan modification desperately want to stay in their homes.  They feel comfortable and at home there, like the house has become another arm, leg, or vital body part.  In reality the house IS just a house, whether or not you consider it home, and you can easily make another house or an apartment your home.  You will soon feel at home there and become accustomed to it.

 

Consider also that memories of a house and the family activities in it ARE NOT REAL.  They are only memories of times, places, and events that no longer exist.  So you have no need to treat them as though they are real.

 

Most families have out-grown their houses.  They have added or lost family members and either have too much or not enough living space.  Too much means you waste money on utility bills and maintenance.  Not enough means you get in each other’s way.  Either way, you need to economize and MOVE TO ANOTHER HOUSE.

 

Furthermore, many houses become run down and need tens of thousands of dollars in repairs and refurbishment – new roof, lawn, shrubs, tree trimming, paint in and out, gutters, pool deck, awning, carpets, windows, curtains/blinds, appliances, plumbing, etc.  Some houses become infested with mold or termites or other pests, and unsafe for human habitation.  If you have a hard time affording payments, you certainly cannot afford all those improvements and repairs and you should MOVE TO ANOTHER DWELLING.

 

Worst of all, houses have become very bad investments as values have plummeted to 2/3 or ½ of their former values.  Most mortgagor owe more than the actual value of the house, and you should MOVE TO ANOTHER DWELLING and get out from under your bad investment.

 

Most banks will cooperate in short sales or keys-for-cash deals that actually conserve your credit rating somewhat.  Most people could make such a deal and leave the house broom-clean, then qualify for a government-sponsored mortgage after two years of good credit reports.

 

Consider these factors.  Maybe you should just walk from your house for the above reasons.  It will take a huge load off your mind.  By contrast, a loan mod will simply put a huge load on your mind.

YOU:  the Dog or the Dog-Meat?

 

I don’t feel certain that you grasp the simplicity and importance of the exam.

 

When you face foreclosure, that means YOU INJURED THE BANK by failing to make the mortgage payment.  And the trustee or court will force a sale of the house to pay off the debt.  And these days you’ll probably get stuck with a huge judgment lien against you that will last 20 years unless you can discharge it in bankruptcy.  And you will have RUINED your credit rating, so it can take 10 years before any lender will trust you again.  The FORECLOSURE ALWAYS HAPPENS when you don’t make your mortgage payments, and no foreclosure defender can stop it for long.  Sure, exceptions exist, but statistically the foreclosed borrower ALWAYS loses the house.

 

The mortgage exam shows WHERE THE BANK INJURED YOU.  And when you can prove the bank injured you, your lawyer can attack them in court and the court will rule in YOUR favor, possibly voiding or rescinding the loan and awarding you a lot of money to compensate for your injury and punish the rotten, corrupt, greedy bank.

 

Without the exam, you become the dog meat.

With the exam, you become the dog.

 

You choose:  Dog Meat, or Dog – which one will you become?

Why Attorneys Should Love the Mortgage Exam

 

Foreclosure Defense attorneys love to get your money, and they love to do loan mods because they collect commissions.  Unfortunately, they must wait until AFTER the borrower and bank execute the loan mod contract before they can get paid their cut of the commission AND the borrower’s fee to the attorney.

 

But IF the attorney gets the exam done, the attorney can collect the money up front.  And then the attorney can negotiate the settlement with the lender, or sue the lender.  In the end, the attorney can negotiate a brand new loan for the borrower with better terms than the loan mod.  So in effect, the attorney can negotiate a loan mod of a different kind, but get paid up front for it, and not have to abide by a law that makes him wait for payment.

 

See this from the attorney’s perspective.  They always want up-front payment because they know they cannot trust clients to pay them after they deliver the service.  Why?  Because with respect to mortgages, they always lose when defending a foreclosure because the borrower has NO VALID DEFENSE for failure to make mortgage payments.  So foreclosure defense lawyers have to PRETEND they win when the court dismisses the case without prejudice because (for example) the plaintiff failed to verify the complaint, or assigned the note after filing the complaint.  THAT constitutes only a temporary setback, NOT A WIN.

 

The mortgage exam provides attorneys THE ONLY POSSIBLE AVENUE TO WINNING a cash settlement or the house free and clear for the foreclosure victim or mortgage victim.  And this remains true even for mortgagors who have an underwater loan but don’t face foreclosure. ONLY A COMPETENT MORTGAGE EXAM can provide the necessary tool for actually WINNING a substantial monetary award in lawsuit against or settlement negotiation with the lender.

 

Most foreclosure defense attorneys seem to HATE the mortgage exam idea because of their scheme for taking money from their frightened, desperate foreclosure victim clients.  Instead of saying “Pack your stuff and get out of that house because I cannot prevent the foreclosure,” they say “Pay me $500 to $1000 a month for as long as I can keep you in the house, and by the way, I’ll need $2000 retainer to get started on your defense.”  Then they cookie cut their old pleadings and to minimal actual work on the case documents.

 

The exam actually gives those lawyers a path to hard core wins for their clients, and to up-front payments for loan mods, but few seem inclined to embrace the exam.

How to Get Your Mortgage Professionally Examined

 

If you want a professional examination of your mortgage, appraisal, securitization, and foreclosure, contact me right away.  I will explain everything you need to do and how the exam works, and how to use it to get the lender’s respect.  I do not charge any money for any service I perform.

 

However, the professional examination company’s employees have to eat, and maintain an office and web presence, so it charges money for the examination.  You will deal with them, not me, for the examination, and you will receive your exam report within 7 business days after you provide the documents and payment.

 

It costs you nothing to investigate this opportunity to put yourself in control of your financial situation.  If you have mortgage that you contracted within the past 10 years, especially if you face the need for a loan mod, or you face foreclosure, send me your contact information or call me.  I’ll orient you free of charge, and put you in touch with an examiner if you decide you want a mortgage exam.  It can bring an end to your suffering and anxiety.

Conclusion

 

In conclusion, I believe almost EVERY mortgagor who contracts a loan mod under typical terms with the big balloon toward the backend effectively shoots himself in the foot with a BAD BUSINESS DECISION.

 

The only practical way to get a bank to modify a mortgage consists of getting a mortgage examination done, and taking the causes of action to the lender with a DEMAND for a cram-down loan for the present value minus paid-in equity fixed at the going interest rate for 30 years.  Or to sue for compensatory and punitive damages if the lender becomes recalcitrant.  THAT is a loan mod that make sense:  the house free and clear and no loan balance at all.  Let me know if you find a foreclosure defense attorney who can give you that without a professional mortgage exam.

 

  

***

WARNING:  I do NOT function as  law practitioner, lawyer, licensed attorney-at-law, or legal advisor.  Construe my comments ONLY as speculation or general information, and NOT as legal advice for you or anyone else.  Consult a well-qualified attorney (good luck finding one) in all questions of legality or law.

 

Bob Hurt

Contact: Email  bh   f       t • 
Blogs: 
1 2 3 • 
Law: 
E-letter Subscribe Donate Learn
2460 Persian Drive #70,  Clearwater,  Florida 33763  •  
727 669 5511

 

***

This Microsoft colortag contains my contact info for your smart phone:

 



I am using the Free version of SPAMfighter.
SPAMfighter has removed 17456 of my spam emails to date.

Do you have a slow PC? Try a free scan!