I can appreciate your position here are a few mysteries I am looking for answers to:
(1) Why when banks get bailed out big time, do they act like no homeowner deserves a decent bailout?
(2) Why in all of my cases where I find a bona fide Truth in Lending (”TILA”) violation, does the lender always either (a) deny that the violation exists in the face of attached documentary evidence, or (b) refuse to even respond to a TILA rescission letter?
(3) Why do lenders/loan servicers routinely fail to address the question of who actually owns the loan? Or provide proof of such?
(4) Why do loan servicers routinely fail to respond, or fail to respond in a timely manner, to legitimate qualified written requests under RESPA?
(5) Why are lenders refusing to do short-sales at or near fair market values only to find that they get less at a foreclosure sale?
(6) Why are lenders/loan servicers routinely making blatantly false declarations under California Civil Code Section 2923.5?
(7) Why is California Civil code section 2923.6 routinely violated?
(8) Why do “lenders” continue to try to collect payments where the loan in question was already paid off via insurance, bailout money, etc.?
(9) Why is it that MERS continues to try to pretend it is a beneficiary and foreclose on people?
(10) Why are so many substitutions of the trustee are invalid and the resulting Notice of Default invalid and not in compliance with California Foreclosure Laws?
(11) Why is it that other lawyers who represent banks (who are making out pretty nicely for their efforts) complaining about other lawyers who are fighting for Clients who want to keep their houses and exercise legal rights that they clearly have?
(12) Why won’t attorneys for lenders/investors be honest about sale dates? Is there truly something to hide or is it a total lack of respect for attorneys who represent deadbeat homeowners?
As a lawyer, I am sure you are aware there are two sides of the coin here. It is not a black and white issue. Can you send me proof of who the owner of this loan is in the form of an indorsed promissory note that your client is in possession of? I have not seen any proof. Seriously, do not fault us for fighting for the rights of homeowners who are often facing a severe financial hardship (usually for reasons out of their control – like a bogus economy), and who are fighting to keep a roof over their head, and using the legal rights the law affords them to fight the system that was set up to defeat them.
To your malpractice claim assertion, it is malpractice NOT to identify, stand-up, and assert my Client’s legal rights – whatever you may think of them.
If you do not want to be straight up and inform us of the new sale date, and if foreclosure is inevitable, why not just tell me there is nothing that is going to be done, and the sale will occur whenever your Client feels like it. I can live with that if you want to be honest. If that is the truth let’s talk honestly about it. I can handle the truth!
(parts omitted due to client confidentiality)
You are a beneficiary of this system partially created by your Clients, so I would not be flabbergasted by what you are dealing with.
This is a typical day in the life of dealing with big banks and fighting for our clients using every law that we can think of that may help in the fight to save a home from foreclosure.
Going hand in hand with this article, here is another post we posted discussing other reasons we work so hard to battle these banks:
