Friday, December 30, 2011
Wednesday, December 28, 2011
Once Again National Media Outlets Blame the Homeowner
CNN Money published an article that states that many homeowners are staying in their homes without paying. The overall tone of the article is that Homeowners facing foreclosure have taken advantage of technicalities to stay in their homes for free. Once again the Media blames the Homeowners.
I find it amazing how such things as the burden of proof, evidence, and due process are called "technicalities" when Homeowners require Banks to follow these essential rules. Maybe it is because Homeowners are not well organized, do not have Lobbyist, or do not own many of the National Media outlets.
The majority of Homeowners are willing and able to pay their monthly mortgage payments that they have missed. The Banks however will not accept these payments. Instead the Banks demand fees and expenses that have not been earned or incurred. Only if the Homeowner is willing to pay the missed monthly payments, plus interest, and additional fees and expenses (that often are several times greater than the actual missed payments) will the Bank accept the Homeowner's money. No national media outlet has ever mentioned the fact that many Homeowners had payments returned to them. many Homeowners were told that they had to enter into a Loan Modification program before payments would be accepted. No national media ever mentions that the modification programs appear to purposely delay the application for many months. During this time additional expenses and fees, which have neither been earned by the Banks or incurred by the Banks, are added to the amount alleged to be due.
So long as 90% or more of all foreclosures go undefended or Homeowners attempt to defend the foreclosure complaints themselves, the Foreclosure Crisis will continue. These national Media Outlets will continue to write articles reminding everyone that it is the Homeowner's fault. This will keep the majority of Homeowners facing foreclosure quiet. Those Homeowners who are willing to fight will be ridiculed.
People do not talk about their financial struggles. While you are rotely reciting the talking points of "they just want a free house", or "I wish someone would make my mortgage payments for me", someone within listening distance is probably quietly suffering through a foreclosure of their own. These issues are not mere "technicalities", and Banks should be required to prove their complaints. By forcing the Banks to prove their ase Homeowners facing foreclosure can begin to negotiate on a level playing field.
If you find yourself facing foreclosure do not quietly suffer contact an attorney to defend your rights.
http://finance.yahoo.com/news/delaying-foreclosure-borrowers-keep-homes-102300544.html
I find it amazing how such things as the burden of proof, evidence, and due process are called "technicalities" when Homeowners require Banks to follow these essential rules. Maybe it is because Homeowners are not well organized, do not have Lobbyist, or do not own many of the National Media outlets.
The majority of Homeowners are willing and able to pay their monthly mortgage payments that they have missed. The Banks however will not accept these payments. Instead the Banks demand fees and expenses that have not been earned or incurred. Only if the Homeowner is willing to pay the missed monthly payments, plus interest, and additional fees and expenses (that often are several times greater than the actual missed payments) will the Bank accept the Homeowner's money. No national media outlet has ever mentioned the fact that many Homeowners had payments returned to them. many Homeowners were told that they had to enter into a Loan Modification program before payments would be accepted. No national media ever mentions that the modification programs appear to purposely delay the application for many months. During this time additional expenses and fees, which have neither been earned by the Banks or incurred by the Banks, are added to the amount alleged to be due.
So long as 90% or more of all foreclosures go undefended or Homeowners attempt to defend the foreclosure complaints themselves, the Foreclosure Crisis will continue. These national Media Outlets will continue to write articles reminding everyone that it is the Homeowner's fault. This will keep the majority of Homeowners facing foreclosure quiet. Those Homeowners who are willing to fight will be ridiculed.
People do not talk about their financial struggles. While you are rotely reciting the talking points of "they just want a free house", or "I wish someone would make my mortgage payments for me", someone within listening distance is probably quietly suffering through a foreclosure of their own. These issues are not mere "technicalities", and Banks should be required to prove their complaints. By forcing the Banks to prove their ase Homeowners facing foreclosure can begin to negotiate on a level playing field.
If you find yourself facing foreclosure do not quietly suffer contact an attorney to defend your rights.
http://finance.yahoo.com/news/delaying-foreclosure-borrowers-keep-homes-102300544.html
Saturday, December 24, 2011
Interview with a Blogger
On December 23, 2011, Mandelman Matters, a blogger on the West Coast and OhioFraudclosure,a blogger in Ohio, conducted a live Radio interview regarding the events surrounding a recent Delaware County, Ohio set-out. The Homeowner's name was mentioned a few times. The Attorney was referred to as only "the Attorney". Once during the interview the attorney's first name was mentioned. Throughout the interview the attorney is described as though he was merely a puppet reacting to the tugs and pulls of the involved blogger.
The interview demonstrates the fallacy of eyewitness testimony. To demonstrate the problems with eye witness testimony law school professors recount the experiment in which a man storms into an evidence class. Afterwards, the students are asked to provide a statement of what occurred. Few if any noticed the man dressed in a gorilla outfit who walked across the front of the classroom. The Ohio blogger was directly involved in the prevention of the Delaware County set-out. Many of the details are correct. However, many of the details or facts were distorted by the interview. Witnesses, especially witnesses who come forward, will remember their involvement in a slightly altered manner. I was directly involved in the Delaware County set-out and therefore my recollection may also suffer from the same fallacies.
I recall reading an e-mail from my client; contacting the Sheriff's office, and negotiating with the Lender's attorney. I knew the law and was familiar with the legal proceedings, and therefore I could intelligently discuss the situation with those in the Sheriff's office and the law office. I had been involved in the legal proceedings for approximately a month and had filed pleadings in the case before the Court. And Yes I spoke to the Ohio blogger, and he was in contact with Occupy Columbus.
I was dissappointed with the interview on many levels. Trying to be aware of my own flaws, I know that I was dissappointed because my name was not mentioned and therefore I did not receive the free publicity and advertising. I was also disappointed in the language used. The use of profanity was offensive, and was harmful to my testimony and the Ohio blogger's testmony as Christians. The use of profanity was unprofessional and will be used to continue to label Homeowners facing foreclosure and the Occupy movement as deadbeats and lunatics.
I was most disappointed by the interview's focus on the "blog's" ability to stop an eviction. Homeowners need information and the bloggers are doing a great service to Homeowners by providing Homeowners with information to fight foreclosures. However, the interview's emphasis on the role of the blogger will only continue to encourage Homeowners to fight foreclosures on their own; without the assistance of counsel. On December 8, 2011, the Homeowner who was the subject of the Delaware County set-out was interviewed, and the most profound statement he made was that he wished that he had retained an attorney much earlier instead of trying to defend himself.
The interview demonstrates the fallacy of eyewitness testimony. To demonstrate the problems with eye witness testimony law school professors recount the experiment in which a man storms into an evidence class. Afterwards, the students are asked to provide a statement of what occurred. Few if any noticed the man dressed in a gorilla outfit who walked across the front of the classroom. The Ohio blogger was directly involved in the prevention of the Delaware County set-out. Many of the details are correct. However, many of the details or facts were distorted by the interview. Witnesses, especially witnesses who come forward, will remember their involvement in a slightly altered manner. I was directly involved in the Delaware County set-out and therefore my recollection may also suffer from the same fallacies.
I recall reading an e-mail from my client; contacting the Sheriff's office, and negotiating with the Lender's attorney. I knew the law and was familiar with the legal proceedings, and therefore I could intelligently discuss the situation with those in the Sheriff's office and the law office. I had been involved in the legal proceedings for approximately a month and had filed pleadings in the case before the Court. And Yes I spoke to the Ohio blogger, and he was in contact with Occupy Columbus.
I was dissappointed with the interview on many levels. Trying to be aware of my own flaws, I know that I was dissappointed because my name was not mentioned and therefore I did not receive the free publicity and advertising. I was also disappointed in the language used. The use of profanity was offensive, and was harmful to my testimony and the Ohio blogger's testmony as Christians. The use of profanity was unprofessional and will be used to continue to label Homeowners facing foreclosure and the Occupy movement as deadbeats and lunatics.
I was most disappointed by the interview's focus on the "blog's" ability to stop an eviction. Homeowners need information and the bloggers are doing a great service to Homeowners by providing Homeowners with information to fight foreclosures. However, the interview's emphasis on the role of the blogger will only continue to encourage Homeowners to fight foreclosures on their own; without the assistance of counsel. On December 8, 2011, the Homeowner who was the subject of the Delaware County set-out was interviewed, and the most profound statement he made was that he wished that he had retained an attorney much earlier instead of trying to defend himself.
Thursday, December 22, 2011
The Day After the "Day of Action"
The Occupy Movement announced December 6, 2011 as a Day of Action and determined that the spotlight would be focused on the Foreclosure Crisis facing our nation. Across the United States there were a number of events planned to bring attention to the people facing foreclosure and the families facing the prospect of being removed from their homes. The traditional media outlets ignored these events for the most part, and the bright light apparently grew dim.
On December 7, 2011, the Banks were back to business as usual. I arrived at my office and an e-mail was waiting "The Sheriff's Deputies are beating the crap out of my door, help." Not wanting to be the target of any Occupy event on December 6, 2011, the Bank scheduled the "set out" for the following day, December 7, 2011.
I do not believe that it would be appropriate to discuss the details of the litigation or the stage of the proceedings. I can tell you that I was involved in negotiating with the Law Firm representing the Bank to reschedule any potential set out. The Law Firm had been on the telephone with it's client the Bank for nearly 30 minutes. The Sheriff's Office had only given us 15 minutes, and while the Judge was willing to cancel the set out, he needed the Bank to agree.
The Law Firm did not seem too optimistic that the Bank would agree to cancel the "set out". At that moment, the Law Firm learned that Occupy was about to arrive at my client's house. Suddenly, the Bank agreed and the Sheriff's Deputies left. Victory !! A small one, but a victory no less. This was only a temporary solution and my client still faces an uphill battle in his foreclosure action.
Shortly thereafter I was asked to take part in two radio call ins, a newspaper wanted to do a story, and other social media carried the story. Momentarily, I felt as though Homeowners would be informed, learn that there was hope and attorneys willing to help.
Now, 15 days later, Christmas is upon us; the traditional media has found other stories to follow; and the talking points that blame the irresponsible Homeowners have returned.
On December 7, 2011, the Banks were back to business as usual. I arrived at my office and an e-mail was waiting "The Sheriff's Deputies are beating the crap out of my door, help." Not wanting to be the target of any Occupy event on December 6, 2011, the Bank scheduled the "set out" for the following day, December 7, 2011.
I do not believe that it would be appropriate to discuss the details of the litigation or the stage of the proceedings. I can tell you that I was involved in negotiating with the Law Firm representing the Bank to reschedule any potential set out. The Law Firm had been on the telephone with it's client the Bank for nearly 30 minutes. The Sheriff's Office had only given us 15 minutes, and while the Judge was willing to cancel the set out, he needed the Bank to agree.
The Law Firm did not seem too optimistic that the Bank would agree to cancel the "set out". At that moment, the Law Firm learned that Occupy was about to arrive at my client's house. Suddenly, the Bank agreed and the Sheriff's Deputies left. Victory !! A small one, but a victory no less. This was only a temporary solution and my client still faces an uphill battle in his foreclosure action.
Shortly thereafter I was asked to take part in two radio call ins, a newspaper wanted to do a story, and other social media carried the story. Momentarily, I felt as though Homeowners would be informed, learn that there was hope and attorneys willing to help.
Now, 15 days later, Christmas is upon us; the traditional media has found other stories to follow; and the talking points that blame the irresponsible Homeowners have returned.
Friday, December 2, 2011
The Reactions to the 103 Year Old Woman's Eviction
In Atlanta, Georgia, Deputies arrived to evict the individuals occupying a home that had been foreclosed. It turns out that the occupants were a 103 year old woman and her 80 some year old daughter. The story has been carried recently by Ohiofraudclosure and a number of other groups attempting to fight foreclosures throughout the nation. Today, I received my electronic edition of the ABA journal, which ran the story along with a comment section. The comments mirrored those that I have heard throughout the halls of the Courts; "they spent their equity", "they are playing the blame game", "when did they last make a payment", "they just want a free home".
These educated professionals are clueless. Someone should take just a moment to think about who convinced this elderly woman to borrow against her equity?, was she targeted because or her age or race?, was she improperly placed in a high risk adjustable rate mortgage with interest only payments?, did she qualify for a conventional loan with a low fixed interest rate?
Who is generating these talking points blaming the homeowners for borrowing too much and being irresponsible? The Banks. Do not look at all the outright fraud committed by the Banks, just blame the entire economic crisis on individual homeowners who purposely signed up to lose their life savings; wasted their time, efforts and energy to make their homes nice for their families, all to live in the house only for as long as they could play the Court system. Really ????
If the ABA truly believes the above, then I have to seriously question the current admissions standards to the practice of law.
These educated professionals are clueless. Someone should take just a moment to think about who convinced this elderly woman to borrow against her equity?, was she targeted because or her age or race?, was she improperly placed in a high risk adjustable rate mortgage with interest only payments?, did she qualify for a conventional loan with a low fixed interest rate?
Who is generating these talking points blaming the homeowners for borrowing too much and being irresponsible? The Banks. Do not look at all the outright fraud committed by the Banks, just blame the entire economic crisis on individual homeowners who purposely signed up to lose their life savings; wasted their time, efforts and energy to make their homes nice for their families, all to live in the house only for as long as they could play the Court system. Really ????
If the ABA truly believes the above, then I have to seriously question the current admissions standards to the practice of law.
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