And sometimes, folks, I could almost cuss.
~ David Randolph Milsten Oklahoma poet, author of Howdy Folks the Oklahoma State Poem
“This is fun but dangerous work. We’re attacking people with deep pockets and they’re not real happy with us and the body of work we’ve presented. ” ~ Phillip Taylor 2012
My name is Phillip Taylor. I am an Attorney who lives in Tulsa, Oklahoma. I’ve been a resident here for over 25 yrs. Originally from Richmond Va with a “home” territory that spans from Ocean City Md to Vero Beach Fl and all points in between.
I hold a BA in Behavioral Psychology from the University of GA (1983), and a law degree from Tulsa University (1992). I have been involved in the real estate industry since 2000 ranging from speculative investor, homeowner, mortgage broker, I’ve helped establish net branch mortgage lending operations, I’ve generated title opinions as an attorney, and I somehow – by default – landed in my current position as a foreclosure defense attorney (which has been my niche specialty since Oct. 2008). I’m about the only guy in these parts defending homeowners from the fraudsters and I actually receive referrals from attorneys and staff who work at the local foreclosure “mills” – which is kind of interesting and quite a compliment.
The State of Oklahoma is quite conservative although we have strong roots in music and the arts. Unfortunately, our Judges have been held hostage by the mill firms who have somehow convinced the Judiciary that whatever the mills submit is true, accurate, and correct – which is a load of horse hooey. The mills have been lying, stealing, and cheating the courts since the late 90’s so the behavior has become somewhat ingrained and “trusted”. When I came along, the world of foreclosure changed. The mills became overly aggressive and uncooperative, the judges became stiff and unwilling to listen to our arguments relating to black letter law such as standing, proper party in interest, statutory language, the UCC, etc. . Needless to say it’s been a long uphill and tough battle.
Last week we earned TWO major victories from the OK Sup Crt on the same day. I’m not sure that’s ever happened before. One lawyer – two wins – same day – highest state court. It was a real game changer and it put the mills in a new frame of mind. They’re on their heals right now and confused. We’re seeing withdrawals, dismissals, and non-appearances at disposition dockets en masse. They’ve been so accustomed to having their way that they’ve all but given up. This is HUGE for homeowners who need help. Where does this take us? Obviously, we’ve broken through. We have the Courts’ attention when it comes to such issues as standing, endorsements, and proper assignments. They’re starting to educate themselves about the robo-signing debacle and false affidavits. The game is getting interesting. Our strategy right now is geared towards making the banks submit to unconditional failure and withdrawal. Hopefully, we can begin performing Quiet Title Actions following request for curative documents (mortgage releases, cancellation of notes already paid by insurance, etc.).
This is fun but dangerous work. We’re attacking people with deep pockets and they’re not real happy with us and the body of work we’ve presented.
A review of the note showed no indorsement. In its brief in support of motion for summary judgment Deutsche Bank attached a document entitled “Assignment of Mortgage.” This assignment of mortgage was acknowledged and stamped as being recorded with the County Clerk of Tulsa County on January 26, 2010–over one month after the filing of the foreclosure proceeding. The trial court granted summary judgment in favor of the bank, and the Byrams appealed, arguing that the bank failed to demonstrate it had standing to bring the foreclosure action.
…there is no indorsement whatsoever…It is a fundamental precept of the law to expect a foreclosing party to actually be in possession of its claimed interest in the note, and have the proper supporting documentation in hand when filing suit, showing the history of the note, so the defendant is duly apprised of the rights of the plaintiff.