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.
Saturday, December 24, 2011
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.
Monday, November 28, 2011
OHIO FRAUDclosure: Huge Pay & Bonuses for Fannie & Freddie Executives...
OHIO FRAUDclosure: Huge Pay & Bonuses for Fannie & Freddie Executives...: In an attempt to "cover-up" the insidious and outrageous bonuses they had planned to award themselves, a Fannie Mae insider was told to leak...
Wednesday, November 23, 2011
Occupy Our Homes
The Occupy Wall Street Movement is making a concerted effort to focus the attention on the Foreclosure Crisis in America. It will not take the Standardized media long to attempt to marginalize this effort as "people who just want a free home"; "deadbeats", and "people who bought more house than they could afford". On December 6, 2011, there will be National Day of Action.
See, http://occupyourhomes.org/ and http://ohiofraudclosure.blogspot.com/
Regardless of what was the initial stumbling block for the Homeowner; a Homeowner misses a payment on his mortgage. As a result, the Homeowner is at the Bank's mercy. The entire balance will be accelerated and considered due and owing if the Homeowner does not pay the full amount declared by the Bank to be due. This amount will include late fees and various charges that raise the amount required to bring the account current to an amount that is just slightly out of the Homeowner's reach. If they struggle to make that payment; there's a good chance the next month's payment will be a struggle also. As a result, the Homeowner is now involved in a constant struggle to make the monthly payment.
Eventually, the Bank is able to accelerate the entire amount due and owing. Shortly thereafter, a foreclosure complaint will be filed. In a rush to clear the overcrowded court dockets, the rights of Homeowners are steamrolled. To date I have become involved in a number of cases after the Foreclosure Decree has been issued. In those files, I believe that there have been numerous mistakes made by the Courts. Each and every mistake has been to the advantage of the Bank.
The part that is not clearly understood is "why would the Banks want to force a foreclosure?" Don't the Banks lose money when a property goes to Sheriff's Sale? No. Through Government Guarantees and PMI the Bank will be paid the amount of the mortgage over a period of less than three years instead of over a period of thirty years. Why do you think that TARP funds can be paid back so quickly?
While I do not agree with each and every position taken by the Occupy Movement, I do believe that much more attention must be given to this issue. If the Occupy Movement can bring attention to the issue, then I support their efforts.
See, http://occupyourhomes.org/ and http://ohiofraudclosure.blogspot.com/
Regardless of what was the initial stumbling block for the Homeowner; a Homeowner misses a payment on his mortgage. As a result, the Homeowner is at the Bank's mercy. The entire balance will be accelerated and considered due and owing if the Homeowner does not pay the full amount declared by the Bank to be due. This amount will include late fees and various charges that raise the amount required to bring the account current to an amount that is just slightly out of the Homeowner's reach. If they struggle to make that payment; there's a good chance the next month's payment will be a struggle also. As a result, the Homeowner is now involved in a constant struggle to make the monthly payment.
Eventually, the Bank is able to accelerate the entire amount due and owing. Shortly thereafter, a foreclosure complaint will be filed. In a rush to clear the overcrowded court dockets, the rights of Homeowners are steamrolled. To date I have become involved in a number of cases after the Foreclosure Decree has been issued. In those files, I believe that there have been numerous mistakes made by the Courts. Each and every mistake has been to the advantage of the Bank.
The part that is not clearly understood is "why would the Banks want to force a foreclosure?" Don't the Banks lose money when a property goes to Sheriff's Sale? No. Through Government Guarantees and PMI the Bank will be paid the amount of the mortgage over a period of less than three years instead of over a period of thirty years. Why do you think that TARP funds can be paid back so quickly?
While I do not agree with each and every position taken by the Occupy Movement, I do believe that much more attention must be given to this issue. If the Occupy Movement can bring attention to the issue, then I support their efforts.
Monday, November 14, 2011
Tuesday, November 8, 2011
Office of Comptroller of Currency and Independent Foreclosure Review
There are a number of articles discussing the OCC and the Independent Foreclosure Review so I recently viewed the Office of Comptroller of Currency's website and some of the consent orders that were entered into by the Banks. The Consent Orders are nothing more than settlement agreements. The Consent Orders list numerous items of wrongdoing that have been discovered in one or more files, but it is not determined to be an industry-wide occurence let alone the standard operating procedure for those involved in the foreclosure process. Further, by signing the consent decrees the Banks do not admit to any wrongdoing.
An article recently suggested that the OCC consent orders could be used offensively in State Court proceedings by Homeowners who have suffered from fraudulent activities involved in their mortgage/ foreclosure. However, the Banks have not admitted to doing anything wrong and have merely settled in order to avoid the cost of litigating and defending themselves against cease and desist orders. Any attempt to use the OCC and the Consent Orders offensively by Homeowners, will most likely be met by arguments that the Homeowner's loan file has been reviewed and found to be in order.
The OCC and the various consent decrees should be seen as nothing more than a warning sign. The foreclosure process is ripe with mistakes, errors, and outright fraud. Homeowners should aggressively defend the foreclosure. Do not be lead astray. HAMP, the OCC, as well as, any government program that seems to be assistance to the Homeowner, is merely an attempt to whitewash the Foreclosure problem. I suspect that the OCC Independent Foreclosure Review will have defenseless Homeowners sign up to have their file reviewed by someone who needs the system to work.
Previous governement programs have created a system of professionals who understand the loan modification process, the HAMP application procedure, the Catholic Charities or the Save The Dream application process. But the professionals who are supposed to assist the Homeowners through these application processes do not object to the fees, costs, or charges added to the Homeowner's loan. The programs have essentially turned Homeowners facing foreclosure into miniture account representatives for the Banks. The government would like to give the Bank $Billions but what account should the Bank apply these funds to .....
................... (imagine Bank executives and Government officials confering) .......................................
The Bank will apply these funds to the account of whichever Homeowner succesfully navigates the program before the money runs out. Minus, of course, fees paid to the Bank for completing the application on behalf of the Homeowner.
................... (imagine Bank executives and Government officials confering) .......................................
And the program will have to be just embarassing and degrading enough that not all Homeowners will apply.
An article recently suggested that the OCC consent orders could be used offensively in State Court proceedings by Homeowners who have suffered from fraudulent activities involved in their mortgage/ foreclosure. However, the Banks have not admitted to doing anything wrong and have merely settled in order to avoid the cost of litigating and defending themselves against cease and desist orders. Any attempt to use the OCC and the Consent Orders offensively by Homeowners, will most likely be met by arguments that the Homeowner's loan file has been reviewed and found to be in order.
The OCC and the various consent decrees should be seen as nothing more than a warning sign. The foreclosure process is ripe with mistakes, errors, and outright fraud. Homeowners should aggressively defend the foreclosure. Do not be lead astray. HAMP, the OCC, as well as, any government program that seems to be assistance to the Homeowner, is merely an attempt to whitewash the Foreclosure problem. I suspect that the OCC Independent Foreclosure Review will have defenseless Homeowners sign up to have their file reviewed by someone who needs the system to work.
Previous governement programs have created a system of professionals who understand the loan modification process, the HAMP application procedure, the Catholic Charities or the Save The Dream application process. But the professionals who are supposed to assist the Homeowners through these application processes do not object to the fees, costs, or charges added to the Homeowner's loan. The programs have essentially turned Homeowners facing foreclosure into miniture account representatives for the Banks. The government would like to give the Bank $Billions but what account should the Bank apply these funds to .....
................... (imagine Bank executives and Government officials confering) .......................................
The Bank will apply these funds to the account of whichever Homeowner succesfully navigates the program before the money runs out. Minus, of course, fees paid to the Bank for completing the application on behalf of the Homeowner.
................... (imagine Bank executives and Government officials confering) .......................................
And the program will have to be just embarassing and degrading enough that not all Homeowners will apply.
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