I have been an attorney for over 25 years. I have been practicing foreclosure defense law for two years or more. I am just as passionate about protecting the rights of the homeowner today as I was when I started. I have often asked myself why. The answer is here.
Congress acted to break the laws down that provided protection against “banks gone wild”. The Banks schemed to make billions of dollars through the process of securitization of mortgage loans. The result was a collapse of the American economy and those around the world. But for us on the ground it led to the loss of our jobs, the loss of our savings and the loss of our homes. The impact has also lead to stress on marriages and the breakup of families and a fundamental distrust in government. The latter is well deserved.
However, it has also caused the break down of the judicial system. It is for this reason that I fight the fight.
I have always told my clients that the law is logical. That is no longer true! Judges now rule in order to clear their dockets. Judges violate the principles of law, which form the backbone of our country, in order to clear their dockets, not to follow the law. The end result of this breach in the judicial responsibility to administer the laws fairly and evenly reaches all of us — whether or not we are in foreclosure, close to foreclosure or contemplating foreclosure.
I still remember the first time I argued a motion to dismiss before a judge in Broward. I was sure I would win. I had discovered that the Assignment of Mortgage was not only created by the Plaintiff’s law firm but signed by one of their senior partners (a common event). This is fundamentally a breach of a lawyer’s ethical code of professional conduct. The Plaintiff’s attorneys are creating the very evidence that the Plaintiff needs to take — unjustly – the property of an American Citizen. This was only one of the many points of law that I pointed out to the judge — it was the most egregious. Or so I thought. The judge – one who likes to think out loud for long periods of time — actually said to me that he saw nothing wrong with the plaintiff’s attorney creating and signing an assignment of mortgage as a vice president of a company whom the attorney has no connection, which also represents a conflict of interest. The Judge said that an attorney could hold two positions at one time. I was astounded and silently looked at the judge in silence. The actions of the Plaintiff’s attorney is a fundamental conflict of interest and a fraudulent creation of evidence.
Welcome to “Foreclosure Law”!
All complaints must state a cause of action. None of these complaints filed by the Banks/Lenders/Trusts state a cause of action. What does that mean?
If Joe signs a contract with Bill whereby Joe agrees to build a bathroom for Bill and Bill agrees to pay Joe $10,000, that contract can be sold. Say Joe sells his interest in the contract to Simon for $3000. Now Simon sues Bill to enforce the terms of the contract. Simon alleges in the complaint that Bill agreed to pay him (Simon) $10,000 in exchange for Simon building a bathroom for Bill. Simon attached to the complaint the contract between Joe and Bill. Bill’s attorney will move to dismiss the complaint because the allegations in the Complaint conflict with the Contract, which is only between Joe and Bill. The court should dismiss the complaint for failure to state a cause of action because the exhibit (i.e. the Contract) conflicts with the allegations in the complaint (that Bill agreed to pay Simon $10,000 for building the bathroom).
The principle of law here is that Exhibits rule over the allegations in the complaint. This is logical because the contract was made before the law suit was ever contemplated; therefore, the contract would be the best evidence of the agreement between the parties. Obviously Bill does not know that Joe sold his rights to the contract to Simon. Bill may not even know who Simon is. So Simon must amend the complaint to include the assignment of the contract that Bill signed with Simon when the rights to the contract were sold. Once amended, the complaint now has the contract and the assignment attached as an exhibit which completes the complaint.
In this new judge carved out area called “Foreclosure Law” allegations rule over the exhibits. Thus, American Citizens are losing their homes because the Plaintiffs say they own and hold the mortgage and note to the loan but the contracts (i.e. the mortgage and note) attached to the complaint say otherwise. This may be a minor point except that a fundamental principle of law is that the Plaintiff must prove the allegations in the complaint. So saying that you own and hold the note must be backed up by evidence. Evidence would be proof that you obtained possession of the note; transmittal receipts; payment receipts; a purchase and sale agreement containing a list of the loans which are being purchased — just for starters. Because these documents do not exist, the Judges are allowing the Plaintiffs to make their own evidence — assignments of mortgage, for example – and then allowing these entities to take our homes with documents created by the Plaintiff’s attorneys. Often the Defendants (American Citizens) are not given any chance to defend, which would require the judges to force the Plaintiffs’ to produce the documents, wire receipts, chain of transfers, and other evidence proving that the Plaintiff owns the loan in question.
I don’t know about “foreclosure law”. I only know about Florida Law, Florida Procedural Law and the Constitution. What I see is a constant violation of those laws by Judges who are sworn to administer those laws in a fair and even way. I am joined in that fight by a small group of attorneys who fight this fight with integrity and passion. I like to think of us as Warrior Lawyers. I am proud to be part of this group. How do you identify us?
You know a Warrior Lawyer by the passion in their voice. When a Warrior Lawyer speaks it is usually with a conviction that escapes all the other foreclosure defense attorneys, who merely seek to delay the process of foreclosure. Warrior Lawyers have this fundamental belief that we can Win! I know it sounds crazy but we hate the Banks, the Lenders, and the Foreclosure Mills. We are fundamentally disturbed by how the Judges in Florida are ruling against the law causing thousands of homeowners to lose their houses when the Plaintiff Banks/Lenders/Trust have not proven ownership of the loans. We understand that the break down of the judicial system has far-reaching consequences beyond the here and now.
Warrior Lawyers understand that going up against JPMorgan, Wells Fargo, Bank of America and any number of Wall Street Trusts and the biggest law firms that money can buy requires a level of expertise and knowledge that can only be gained by sharing with each other information, pleadings, and legal expertise gained from years of practice.
I am part of a group of Attorneys I call Warrior Lawyers because we see ourselves as fighting for a justice system gone awry by being immovable forces in court — never backing down and never giving in. At the same time we maintain our integrity by being well prepared and forthright in front of Judges who have little patience for the work we do.