Thomas Cox | The Destruction of a Foreclosure Lawyer’s Faith in the Justice System

“If the courts can’t address clear instances of fraud and injustice, how can they protect our citizens?


The Destruction of a Foreclosure Lawyer’s Faith in the Justice System

My faith in our courts’ willingness to protect individuals against what the Maine Supreme Court itself called the “fraudulent” and “unethical” conduct of the nation’s fifth largest mortgage loan servicer (which is also largely owned by the American people — Ally Financial, the parent of GMAC Mortgage, is 76 percent owned by taxpayers) is broken. Two days after this unfortunate decision, and exactly one and a half years after exposing this fraudulent and unethical conduct, I, as a lawyer who spent his entire career believing in our justice system, am left with a deep sense of despair and a lot of questions. If we could not succeed in obtaining justice in this case, what more can we possibly do? What will it take to cause courts to stand up to and halt this “serious and alarming lack of respect for the nation’s judiciaries” by America’s largest financial institutions? Is my continuing effort to try to help homeowners in foreclosure really worthwhile? How can I possibly tell clients to believe that our justice system will protect them against the depredations of America’s financial industry? Why should I continue my volunteer efforts to expose injustice when the courts will not take decisive measures to sanction it and bring it to a halt when we provide such clear and convincing proof of such fraudulent conduct?

I have devoted my career to the legal system and to seeking justice for my clients. I believed in the integrity of the judicial system and its capacity to prevent fraud and injustice. It is sad to be nearing the end my career with that belief so deeply shaken.

Read article in full here…

Thomas Cox is a retired bank lawyer in Portland, Maine who serves as the Volunteer Program Coordinator for the Maine Attorney’s Saving Homes (MASH) program. He represents homeowners in foreclosure, and assists and consults with other volunteer lawyers in providing pro bono legal services to these Maine homeowners.


7 Responses to “Thomas Cox | The Destruction of a Foreclosure Lawyer’s Faith in the Justice System”
  1. sherell Talley says:

    I live in Fort Worth, Texas and I’ve been trying to fight my foreclosure with GMAC. This started in June of 2011. I’ve sent number of lettlers to them. The first Qualified Written Request for my documents went out June 23,11. Second QWR was sent 07/13/11 for documents giving them 10 more days to reply. On 07/29/11 they reply saying they are not the owners that US. Bamk Trustee. GMAC is not who my loan started with in 2001, My lender was Mortgage Edge, after my first payment was sent to Mortgage Edge I got a call form GMAC that I was to send my payment to them, I told them that I had sent the payment to Mortgage Edge to this date I’ve keep the copy of payment just in case this came back unpayed. Mortgage Edge is now out of business.

    I’ve sent paper for a modification in 2007 I was told that I didn’t meat the requirements, due unemployement( TRA) and try when I had a job. On April 25,11 I got a lettler Congratations my request loan modification after over 4 years later my application was approved NON-HAMP LOAN MODIFICATION AGREEMENT I only have 2 day to get the paper work back by the dead line. ” the Borrower acknowledges that ” Lender” is the Legal holder and the owner, or agent sevicer for the legal holder and owner, of the Note and Security Instrument and further acknowledges that if “Lender” transfer the Note, as amended by this Agreement, the transferee shall be the “lender” as defined in this Agreement. This is how this agreements started and no ware does it Stat anything about Us. Bank Trustee. I’ve been paying who I thought was the owners of my loan. No were in this agreement shows US. Bank, It’s ask me to acknowledge GMAC Mortgage. The letter head is GMAC. This information came for the first time in 07/29/11 why was there name in this Modication in April.

    I need help at this time I have no Attorney working on my case to prove what they have done is not legal foreclosure on 12/06/11 they still has not answer to my request to how they got my loan. I need help before me and my two children is out on the street I’ven been in my home for 10yrs. on this 20 year loan with only 10 yrs. lift on my loan my children or honor student and was born in ths home. This my homestead home, and would like to keep my children in the school ISD were they are doing outstanding. I was not one of them homeowner who got more then they could handle. I’m in this because the company I worked moved to Mexico 12/30/06 KImberly Clark for 15yrs. Shift leader $19.02 hr. In 2008 I started working for Stealcase thay to moved to Mexico . Working as Zone lead at $18.00 dollars a hire. American greed by these big Banks and the largest Company has killed the American dream for me and my children. I’m looking foward to speaking to someone for help my email adress contact me @ # 817-884-7935 in Fort Worth,Texas

  2. Kathleen Burt says:

    Please don’t give up the fight, Mr. Cox. Thousands of us around the country stand by you and support your work. This was a very disappointing, loss, but the war goes on.

  3. lvent says:

    Well when you have attorneys telling you things like, Don’t even go to court, don’t even answer the complaint…your not going to win with or without an attorney….. your chances of winning are like winning the lottery…they are going to steal every house back….complete communism is coming to America…If things get any worse it won’t matter who is not paying the mortgage, it will be anarchy…the banks own the judges…if a judge gets too sympathetic towards homeowners they replace them…I asked an attorney if this was a Hitler Plan? and he said, if Barney Franks plane goes down, you will know it was a Hitler Plan…Now I don’t know about that because I think Barney Frank was all in on this…But, when you are hearing things like this coming from attorney’s, you know things are seriously corrupt and it is time to take our country back…..The truth has to get out the masses..

    • Fury says:

      this what is such a mindscrew!
      there is no such thing as “your day in court.”

      it does not exist. period.

      thomas cox’s latest article was so sad to me and rang so true.

      my family has had horrible experiences in court.

      i spoke last night w/ a friend who lost her whole life savings fighting eviction.

      the judge wouldn’t let her speak and her lawyer sold her out and became a simpering fool
      before the judge. this was 20 years ago and she thinks of it every day.

      this is just not right!

  4. Eugene Villarreal says:

    It’s not over!

  5. I feel his pain! It is dispairing to realize we are up against a corrupted beyond means judicial system. Justice will not be done until the perpitrators are all brought to justice and all the home owners, their children, their pets and their toys are back in their homes stolen by the crooks and their incomes lost remedied to them.

  6. I can show you a multitude of cases and the years of injustice coming from our corrupted system. The most severe in recent years is We The People v USA which denied the Citizens the Right to Redress of Grievences as protected under Article I. Gone; another Consitutional right. A three Judge Apellate Court stated that the Goverment was not required to answer questions related to the enforcement and other actions of the Federal Government and/or it’s Agencies. The Supreme Court Refused to hear the case. – Our only hope.

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