Foreclosure Defense

25 Jan 300 California law firms investigated for mortgage modification scams

As a Florida foreclosure defense attorney who personally meets with 25 new distressed homeowners every week, I am often the second lawyer consulted about the foreclosure. The first lawyer is usually a California lawyer promising a mortgage modification, and the outcome is always the same: My clients complain that they got absolutely nothing for their money – often thousands of dollars are lost. California has had it rough. It has skyrocketing unemployment and is the home of the Option ARM foreclosure wave. In this climate, it is no wonder that California boasts the largest number of lawyers committing fraud on the Middle Class through the operation of illegitimate mortgage modification scams. In a recent article by Fresno Bee reporter Barbara Anderson, The California Bar Association is fielding an alarmingly high number of complaints from clients who say their lawyers illegally withheld settlement money or charged them for work they didn't do — especially those who promised help modifying mortgages.
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19 Jan Fighting Foreclosure – Keep Meticulous Notes Of Conversations

As a mortgage foreclosure defense attorney, I get asked quite a few questions about the foreclosure process. Fighting Foreclosure is one of the hottest topics in the legal world today. The best part of fighting foreclosure is the great facts that we hear from our clients. The best cases are the ones where the clients keep meticulous notes of their conversations with the mortgage companies. In Florida, we have Judicial Foreclosure. This means that the lender must file a lawsuit and use the judicial process to foreclose out the homeowners interest by obtaining a final judgment of foreclosure.
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30 Dec Does Fannie Mae or Freddie Mac own my loan?

As a Florida foreclosure defense attorney, one thing I’ve learned is that mortgage servicers don’t want homeowners to know who owns their loan. In about half of all foreclosure complaints I see, the servicer is the plaintiff, and the identity of the owner is not revealed in the pleadings. Generally speaking there are 4 owners of mortgage notes: the originator (the rarest of cases), a securitized trust (known as a REMIC), Fannie Mae (Federal National Mortgage Association) or Freddie Mac (Federal Home Loan Mortgage Corporation). If your foreclosure complaint is filed by an entity other than the exact originator named in the mortgage note (the note should be attached to the complaint), you need to determine whether the plaintiff is the servicer or the alleged purchaser of your home loan. If the plaintiff is the entity who normally accepts your payment, such as Wells Fargo, Bank of America, Citi, Chase, etcetera, you can bet it is not the owner. The plaintiff may admit as much in the pleading, with a statement like, “Plaintiff, as the servicer for the owner, has the right to foreclose on behalf of the owner and holder of the note and mortgage.”
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29 Dec Foreclosure Rescue Scams Deluge Homeowners

If your property goes into foreclosure, you will find your mailbox (and sometimes even your phone, e-mail, and front oor) full of offers to "help" you. You may wonder how they know to contact you. The answer is simple--they data-mine the court files or any other public record created when a foreclosure is begun. You may have some offers from legitimate housing counselors, but you may also have offers from less legitimate outfits--everything from sophisticated sales pitches to those who strictly prey on fear of losing a home, and even those who try to convince you that they operate in some official capacity with your lender or even the court.
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