Tuesday, September 17, 2013

Legal Malpractice BOOMING in the Foreclosure Defense Industry

Here's a twist on legal malpractice and foreclosure that NOBODY but I wants to report.

The Malpractice Scheme:  Hundreds if not THOUSANDS of attorneys around the USA, including prominent lawyers in YOUR CITY vigorously promote their foreclosure defense services.  They get foreclosure victim clients by promising to "keep you in the house as long as possible."  They charge $1500 to $3000 retainer (a downpayment gift) and $500+ a month till the foreclosure becomes final.  Meanwhile they file cookie-cutter pleadings they copied from other attorneys complaining about "show me the note," bifurcation of note from mortgage, securitization, wrong track of ownership of note, lack of standing (wrong plaintiff), vapor money (lender deposited borrower's note and used that to fund the loan), and other nonsense.  This delays the foreclosure, but the foreclosure inevitably goes through anyway and the client loses the house.

BUT, the lawyer never bothers comprehensively examining the mortgage, note, and all related documents for evidence of torts, breaches, fraud, and legal errors.  Some lawyers sell or promote useless services like securitization audits and loan audits.  In the end, to avert the otherwise inevitable foreclosure, some lawyers con the client into a short sale, deed in lieu of foreclosure, keys for cash, or an onerous loan modification that leaves the client owing double to triple the value of the house, and facing a huge balloon the client cannot pay.

How does this constitute LEGAL MALPRACTICE?  Well, the bank accused the foreclosure victim of breach of contract.  So, the attorney should take these steps:

1.  Say "give me the contracts and all related documents, letters, lawsuits, etc.," then
2.  Search for the causes of action in them against the lender or lender's agents, then
3.  Attack the lender and agents through settlement negotiation or lawsuit, then
4.  WIN compensation for the mortgage victim's injuries.

You see, historically, lenders and their agents have cheated NINE OUT OF TEN mortgagors.  Settling or suing on the basis of those causes of action can get financial compensation for the mortgagor.

Thus, the mortgagor can fight one of two battles:

1.  The foreclosure, which the borrower statistically always loses.
2.  The mortgage, which the borrower statistically always wins.

Which battle makes most sense to you?

Our problem lies in the fact that no MORTGAGE ATTACK legal industry exists.  Foreclosure Defense Lawyers focus on the easy money of defense for $300 to $500 a month and the mortgagor loses the house after paying the lawyer upwards of $10,000 to $30,000 for doing virtually no work on the case.  They do this KNOWING the mortgagor will lose the house.  Those lawyers have not learned how to examine mortgages for causes of action, and I believe most have become too lazy and incompetent to serve the real interests of the client.  Many such lawyers ballyhoo claims of winning when the court temporarily dismisses the foreclosure complaint for lack of standing because the wrong plaintiff sued.   The plaintiffs nearly always correct their paperwork, get standing, refile or appeal the case, and win.  Then the court sells the property and orders the mortgagor out of the house.

The net issues:  mortgagors cannot find competent lawyers to examine their mortgages. And, the mortgagor with an examination report showing causes of action in hand cannot find a lawyer to attack the mortgagee over those causes of action.

Herein lies a huge opportunity for lawyers and mortgagors.  Mortgagors do have a mechanism available for negotiating with the lender to obtain a reduced loan balance and payments they can afford, or financial remuneration for their injuries.  They can simply contact the lender and demand a solution.  If the lender balks, the mortgagor can contact Government regulators and report the lender for violating regulations.  That usually brings a quick remedy.  Severely injured borrowers might even get the house free and clear WITHOUT NEEDING the services of a lawyer.

The public needs to know about this technique and opportunity.  I can connect people with a competent mortgage examiner, and I charge nothing for my service.  You can read numerous articles I have written on related subjects at http://bobhurt.blogspot.com.  Many people come to me for help.  Some go on to ignore my encouragements, and lose their house.  Others get their mortgages examined, and I help them discover how to proceed from there.

If you want to learn more about this, and don't want to read my articles, contact me.  I have retired from the computer industry and have the time to help people free as my way of giving back to the community.  I have no business obligation to any company.

Before deciding NOT to contact me, ask yourself what YOU would do with a mortgage exam report that showed causes of action against YOUR lender.

Bob Hurt
727 669 5511
Clearwater, Florida
Click to E-mail Me (http://r.beetagg.com/?48F181)


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Adam Baldrick said...

It is nice to see an article dedicated to this important topic.Thank you for sharing.
If you are facing with foreclosure and personal injury cases,then it is important to take legal advice from attorneys.They will guide you from starting to ending of your case.Mortgage modification lawyer NJ

Brian said...

We have long said that many of the lawyers advertising "foreclosure defense" are either opportunists or bankruptcy lawyers. While there is a time and place for bankruptcy, it often shouldn't be your first option.

Our take is a bit different from Bob's, although we don't disagree with his comments.

One of the best ways to fight big banks and lenders is through the False Claims Act, a Civil War statute that allows ordinary people to bring whistleblower lawsuits on behalf of the government. Since the FHA, VA, Fannie Mae and Freddie Mac are all backed by Uncle Sam, when most residential loans go south, taxpayers wind up footing the bill. If you are a bank insider and want to clear your conscience, call us.

Whistleblowers with inside information about bank fraud can receive a large cash award for reporting bank wrongdoing. By doing so, you are also helping homeowners who are often the victims of these banking schemes.

Want more information? Contact us through www.mahanyertl.com. Never a fee to listen and discuss whether or not you have a claim. Whistleblowers are the new american heroes.

Burton Adam said...

Very nice and interesting article.Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower, who has stopped making payments to the lender.
Essex County Foreclosure attorney

Jockson Rick said...

Nice information keep going like this.I am an experienced attorney offering high-quality civil litigation skills, combined with good business judgment and open communication.Foreclosure attorney NJ

Katie said...

Any foreclosure legal malpractice attorneys you would recommend in CT. The law firm actually admitted that we have a case and that this is why they have insurance.

Bob Hurt said...

Anybody needing help with foreclosure or with attacking the injurious parties in the loan transaction visit Mortgage Attack web site and fill in the contact form. Or call me at 727 669 5511. I'll give you immediate attention. I don't hide. I'm not a lawyer, and I don't give legal advice, but I'll show you how foreclosure pretender defenders rip you off, how to prove a legal malpractice case against them, and what works historically to compensate you financially in an attack against an appraiser, mortgage broker, lender, creditor, title company, servicer, or other party connected to the loan transaction.