to JA

there is a federal law that helped me file a legal complaint to the federal govt without filing in court.

it is an administrative legal complaint that may end up in federal court.

the law is under the Fair Housing Act of 1964.

it provides for mortgage discrimination which predatory lending has been ruled by HUD and the federal court i in baltimore, md. last July ruled that predatory lending is reverse redlining and discrimator violation of the Fair Housing Act. this law provides for private counsel and attorneys fees to be paid t o the homeowners private attorney by the lender.

not very many homeowners are using this law or know anything about it.

you can file a complaint through any state housing agency but be sure and do it in writing and get a receipt for your submittal . no phone complaints .they may disappear.

I am not giving any legal advice . contact carol for that . i m just relating my own experience that may work for me.
best regards
David B.

2nd attempt. there is a hole in the federal code that we homeowners may be able to use to get restitution.

it provides for full restitution and attorneys fees at the federal level and fines against the lenders.

I tried calling ms asbury at her office and left a message to see if she could help us with this and left my number.

the bottom line is that homeowners are not filing complaints at the federal level using this law that does not require filing in federal court right away to start getting some justice. it is an administrative action that might result in the federal govt taking the lenders etc and their compatriots to federal court on behalf of the homeowners.

so far there are very few homeownes that know about this federal law and how to use it or how to file. it is available in ever y state in the country and it is a civil complaint as in civil fraud which one does not have to prove intent only misrepresentation.

this law relates to the original loan itself with the following actions like foreclousre being a prima facie evidence ot “bad faith ” by the lender mortgage servicers and foreclosure agent.

powerful stuff . if interested I think one should contact carol NOT Me I am NOt an attorney but I have filed my complaint and being stonewalled so that may be a good indication that I am heading in the right direction.

these state and federal courts do NOT want our cases and only one in seven class actions get certified to continue on and are otherwise dismissed. that already happened in my case against my servicer.

these guys own everybody. but there is still hope JA

David B.

I thought this report offered good incite and some remedies using the state Unfair and Deceptive Trade Practice laws already on the books . Thanks to the brave attorneys standing up to the robber barons !

there is a hole in the federal law for we homeowners to fight the big bad banks on their own turf at no expense to us and not have to go into federal court. the process is known as an administrative process before going into federal court. the homeowner does not need an attorney but if they want one, the law provides that the federal govt at the lenders expense will provide for payment to a private attorney to handle the case.

that is just the beginning of the relief

I tried to call Carol and leave a message to see if she could help us.

this is a powerful law but no one is complaining to the federal agency that has jurisdiction.. no one means there are some but certainly not millions like it should be because no one is teling the homeowners about this federal law.

i suggest we call carol and talk to her about this. i left a message for her under my name here to call me back.

I might be wrong here but I have researched this for three years and it is good path for some of us.

we all need to unite and keep complaining and petitioning the federal and state govts. never give up and carpe diem

David,
I agree that it should be possible for us to get relief in federal courts, but I think we need at lease one fearless, sharp attorney to lead that charge. I am not a licensed attorney. Though I represented myself pro se in my foreclosure proceedings and fought off the great beast known as the Florida Default Law Group for 11 months, they eventually wore me down. That was in June 2008. I need to spend my time working, as I am a freelancer, and if I take time in my life again to do all that legal legwork, my earnings will suffer.

Just waiting for one of the fantastic attorneys who post here (and I mean that literally, not sarcastically) to lead the charge for us. If I were one, I would have already done so.

This is one of the best posts I have seen yet

I too agree with you and will be working hard this year to expose this crime and attempt to restore justice in our court system. I am a pro se litigant who has been fighting this ponzi scheme for the past 4 years with minimal success in my own cases, however I recently wrote a Writ of Mandamus to the Second District Court of Appeals addressing many of the issues all Homeowners and Defense Attorneys are faced with in their pursuit to find justice. I realize a Writ of Mandamus is only used in an extraordinary situation, however in my particular case I was left without a remedy, thus the reason for the Writ of Mandamus. I also realize that nearly 75% of all Writ’s filed never make it past the first 30 days, much less see an order to show cause, or mandamus response, but I am pleased to say that my writ has made it through so far. The respondents have until January 17th of 2011 to respond, and I am hopeful for a favorable opinion, an opinion that may very well help many Homeowners and Defense Attorneys through out the state of Florida, especially in Lee County.

Here is a link to the Writ of Mandamus –
http://www.scribd.com/doc/44363252/Petition-for-Writ-of-Mandamus

As well all exhibits are also uploaded to my Scribd page labeled as – exhibit 1, exhibit 2, exhibit 3 and so on as it relates to the Writ of Mandamus. In addition, I will continue to update all responses and opinions moving forward.

Keep up the good fight,
Larry

hello Carol and JA.

that is what the bad guys want i .e . that you think you have no hope. that your righs are gone and the gov is in the bad buys pocket .

well. there is HOPE and there is a solution. that solution in my view is staring all of you in florida right in your own back yard. I had my taste of florida courts and I said they were a civil rights disaster with fraud and corruption rampant while the citizens slept in their beds.

It is not proper to go into that here but the point is that perhaps this housing crisis there is a blessing in disguise about how much is needed in the area of reform of the entire state government there and the courts especially the lower courts. I suppose most FLORIDIANS dont know about Gidian case there years ago.

Gidian vs. The State of Florida with Gidian represented by the Stetson Law School in St. Petersburg. that case changed florida for the better forever but it didnt get the job done.

There is relief for all floridan homeowners and me included even though I dont live in florida but I am getting hassle by Chase. I dont think I need to say more. The play rough like real rough

with the white house announcing that the new chief of staff is from Chase says it all abuot how much control these banks have over our state local and national govts is beyond belief.

there is relief in my opinion for all of you there . in my view,

I am not a lawyer and few agree with me but I do believe there is relief in federal law for all ofyou and a path for full restitution of all of your legal fees and mortgage payments on those predatory loans.

best regards
David