I am an attorney so I decided to sue my lender…

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20 Responses to “I am an attorney so I decided to sue my lender…”
  1. Readdocs says:

    It’s probably going to take a complete collapse of the financial system before there’s relief from the mortgage fraud. And people who cnsistently blame the home owners will be hung by their own picard.
    It’s beginning to look as though being a home owner will go back to paying cash or not buy. The fraud has been
    laid in a well placed plan, and when it goes up in smoke, there will be those who will walk away free and clear to do it again somewhere down the line. The rest will be blessed if there’s anything left behind to pick as pieces.
    We’ve been hit by one F5 financial tornado after another.

  2. Richard M. Fernández esq. says:

    I am an Oregon lawyer working in foreclosure defense. You can sell the note without also executing a separate assignment of the mortgage/deed of trust. Long-standing cases in virtually all jurisdictions hold (and UCC 9) hold that negotiation of the note automatically effects an assignment of the security instrument (i.e., the mortgage/deed of trust). That argument will certainly fail. However, I was impressed by the overall complaint.

    • Echelon says:

      negotiation of the note automatically effects an assignment of the security instrument

      MERS is never a party to the note, is never involved in negotiation of the note and is rarely even mentioned in the note. MERS is a bankruptcy-remote and does not hold assets (including notes and mortgages). Moreover, MERS is in no position to assign anything to anyone without proper and lawful assignment to it.

      “I wish the reality of our profession, ­at least as viewed by the people we purport to serve­, could be seen as a ‘glass half-full.’ I am afraid, however, that because lawyers view justice differently than non-lawyers, we are drinking from different cups. For too long, we who are in the system of justice have insisted that those outside defer to our point of view. I think it is time we look at ourselves through their eyes.”

      “If the non-lawyers in our society truly expect that we are interested in justice (as the majority of people understand it to be), we first must accept the fact that we are not now, and quite possibly never have been, viewed by our community as the professionals we claim to be. Instead, we are viewed (in many ways rightly so) as the educated and wealthy elite, making our living by helping the legally illiterate maneuver through the procedural waters of the law that we have created and that cannot be navigated without us. It is an unfortunate reality that those who are not educated in the law are required to navigate these waters as a condition of their membership in this society.”

      – Attorney ­David L. Geislinger, What Price Justice? Why Was Amendment 40 Even on the Ballot?, 36 Colo.Law. 5 (May, 2007) at 77.

      “Under the English common law with its complicated forms of action and veritable maze of writs and confusing procedures, the right to retain counsel in civil proceedings became a necessity. By the middle of the thirteenth century, lawyers so monopolized the courts in London that the King was forced to decree that, except for a few special causes, litigants were entitled to plead their own cases without lawyers.”

      – Iannaccone v. Law, 142 F.3d 553 (2d Cir. 1998) (citing The Right to Counsel in Civil Litigation, 66 Colum. L. Rev. 1322, 1325 (1966)).

      “Woe unto you also, ye lawyers! for ye lade men with burdens grievous to be borne, and ye yourselves touch not the burdens with one of your fingers. Woe unto you! for ye build the sepulchres of the prophets, and your fathers killed them. Truly ye bear witness that ye allow the deeds of your fathers: for they indeed killed them, and ye build their sepulchres. Therefore also said the wisdom of God, I will send them prophets and apostles, and some of them they shall slay and persecute: That the blood of all the prophets, which was shed from the foundation of the world, may be required of this generation; From the blood of Abel unto the blood of Zacharias, which perished between the altar and the temple: verily I say unto you, It shall be required of this generation. Woe unto you, lawyers! for ye have taken away the key of knowledge: ye entered not in yourselves, and them that were entering in ye hindered.”

      – Jesus (Luke 11:46-52)

    • Laura Goldman says:

      Thanks for reference to UCC9. I will try to make sense of it as a layperson.

      Florida Supreme Court ruled there must be verification:

      http://www.floridasupremecourt.org/decisions/2010/sc09-1579.pdf

      Florida Bankers Association also has admitted (page 4) to destroying notes as standard procedure:

      http://www.scribd.com/doc/33631481/Florida-Banker-s-Association-Lost-Notes-09-1460-093009-comments-Fba-1

      So it does seem that banks have a problem. No?

    • Bryan Hufford says:

      Well Done. I it a shame the courts continue to support the Banks in their all out attempt to rape our Nation.
      Sorry to see the outcome.
      Many Americans entered into loans with great credit and large down payments, and due to this economy created by the Banks and Mortgage securities are now unemployed and are losing their homes to foreclosure.
      I say take the thieves to Guantanamo Bay and let them live with their own kind !

      • Hank Dennemann says:

        You know, you don’t have to take out a mortgage to buy a house. You can save up and pay cash, and up until 1920 or so this was very common.

        Just because a contract doesn’t work out the way you want it to doesn’t mean that it shouldn’t be enforceable. If your employer decided at the end of the year to pay you $20k less than agreed because you weren’t as productive an employee as they thought you would be, would you support that decision? Or would you direct the same indignation toward your employer that you exhibit toward the banks here? I bet I know the answer…

      • Bryan Hufford says:

        Hi Hank
        I know all about responsible money management, in 2009 my FICO score was in the high 7’s. It took years to get to where my wife and I were. We chose like all others in this country to invest in our home. We had allot of our own money, as well as sweat equity when we built our home. Our jobs/ income had not changed in over 10 + years.
        point is when my wife and I lost both jobs in about 60 days apart, we continued to be on time with our mortgage, until we entered into a government program called HAMP.
        Thats when we cashed in and paid the IRS 30* withdrawal fee. this was done because, because we believe in paying our bills on time…..
        Here’s my point, the Bank has allowed us to pay a modified payment while promising a mortgage modification. We were told we had it 9 months into it and 5 months later they claimed they don’ have any paperwork from us although we notarized these docks and to what end, we are 11 months behind broke and without any response from Chase
        Go somewhere else a preach your Pay Cash to someone who cares……….

      • MASLAW says:

        Apples and Oranges. The banks ruined the economy, securitized the good mortgages with the bad mortgages and claimed they were A rated. Where I come from this is fraud. Not just a contract gone bad. The value in the land is gone. The peoples ability to earn a living is gone. This was caused by the Wall Street banks and the lenders. The indignation is at the very institutions trying to now collect who have perpetrated a fraud on the American people and the borrowers.

        In other words the contract did not work out as a direct result of the fraud of the lending institutions and Wall street bankers.
        Pretty simple.

  3. SLP says:

    This is beautifully articulated. I am dying to know the status or decision rendered; please share!

  4. james says:

    Is there an update to this case? It’s been over a year since it was filed.

    • rick says:

      Ditto on what james says says.

      • james says:

        A bit of research has revealed that the Mills case was dismissed. To learn more about the outcome google the Plaintiff’s names. Bottom line if you want to see the original note you essentially have be foreclosed on otherwise you’re posing theoretical positions that the TN court doesn’t buy into.

  5. Karen Boening says:

    I totally agree….we need a bank holiday lasting for months . I say shut em down no more mortgage payments to any of them as it would serve them right. Everyone needs to stop paying payments and save their money. We will all be losing our homes soon enough anway.

  6. pacific_waters says:

    You go guy! I own my house free and clear but am all for you bringing and winning a case that stops the fraud.

  7. Lit Gant says:

    Well, what was the outcome? I am waiting to hear.

  8. T. Thndr says:

    We pay taxes. Our taxes help bail out the banks. Now the bank cannot or will not provide documents upon request and who suffers? Amazing!

  9. Maria Montes says:

    Very good excelente mente bueno I, whish he is here in California Mr Mills

  10. Julie says:

    Awesome Stuff! Good For You! The people of America need to get with the program and collapse the banks, since our almighty president/lobbyists and others in control gave the banks the idea that they are too big to fail and bailed them out by the supposed Federal Reserve. Why can’t everyone just not pay anything to any bank at all! Then what will happen? It would be interesting to say the least.

  11. zurenarrh says:

    Nicely done! The writing was clear, concise, and to the point. I wish this guy was licensed in Mississippi!

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