THE FACTS DONT LIE… !!!!! OFF WITH THEIR HEADS!!!

I would think lawyers stepping up to the plate would find it much more appealing to not have them go to jail and bust the crap out of them from a monetary standpoint????

The problem is that no one is going to prison. And until that happens nothing will change.

@john b

I saw where NY is also setting in place a court just for hearing these cases and that each person will have counsel available to assist them. God Bless NY at least it is a step in the right direction.
You are right, it is an area of law that is relatively new and still evolving. I believe that many of them are missing the bandwagon as there are many legal avenues with which to travel and make money. I am not convinced that many are opposed to jumping in based on the “deadbeat” theory. It’s ashame. We have been good contributors to society for a long time, we obey the laws, have worked hard and never prior to this horrific mess ever missed a house payment even on our rental property. However, I have become used to now being referred as a “deadbeat” and should have become one a long before we blew through our savings trying to stay current under the false pretenses of a modification. If that does not meet the legal criteria of unjust enrichment, false and misleading fraud by the inducment; along with a host of others I could sit here and name; nothing does. It violates every aspect of basic contract law in addition. Sorry that the attorneys out there have no interest in helping prosecute those that have ruined our economy and housing market, left many millions unemployed, and are too lazy to learn how to prosecute and defend these fraudsters. If more stood up and the courts started ruling by the law, it would indeed make a great area of practice for some time to come. I am done ranting now !

You’re right bankruptcy is not for everyone. However, some bankruptcy courts offer a loss mitigation program. Bankruptcy judges in NYC are very good. The Supreme Court judges are also very good. I’m certain everyone is familiar with Judge Schack. He’s a home owner’s best friend. Knows just how to give it back to the banks. The problem with getting other law firms on board with foreclosure defense is it’s a specialized area of law. It’s not something one can “dabble”in. Most firms just aren’t interested. (att’y advertising)

@ see

I am going the BK route. Mine is a judicial state. I understand your point about not being able to afford the home, however, I hope that you came out with something. I have managed to fend them off for a year. When they did not file for a lift stay I went on the attack and filed an adversary proceeding. It is a war and I don’t know how I will end up making out but the trial is not scheduled until the end of this year. I knew nothing about this stuff, had no legal experience and am flying literally by the seat of my pants but I do believe you can fight them. This is the sad part that there is no help for people to get advice. These sites are great and they gave me lots of ideas that I could then take and research to get started fighting them. The problem is that while each case has many similarities, most cases have differences also. I am no brainiac and if I have been able to fight this far there are many more that can too. I hope that you have been able to pick up the pieces and are now doing better as I know it is like living a nightmare day in and day out.

Fiing BK is not going to save your home. The minute you file Bk, the banks laywers immediately petition to lift the BK stay. In my state, if you think for one minute that the BK judge gives a crap, then you believe in the tooth fairy. Banks play by different rules because there are not enough attorneys who will take the foreclosing attys to the mat and even if they did the judges could care less. I took my fabricated docs to an attorney–in a nonjudicial state–showed him that the NOD did not follow the laws of my state. He said good luck with that because no attorney will help you. They can’t afford to and what I think the real reason is they don’t have the guts to help. After all that damn deadbeat homeowner didn’t pay their mortgage.

John, if you are truly helping homeowners who are victims of the banks, then I say thank you. What you need to do is get more attorneys to help with this injustice. I will say that there was no way we could afford our home after we lost our buiness, because we lost our main source of income. With that said, we did not deserve to loose our home with the illegal way the foreclosure was brought and the fabricated documents presented to the BK court.

I understand your frustration. It’s unfortunate that the banks get to play by a different set of rules than you and I. I also do not know any attorneys that I could refer you to. Have you considered bankruptcy? My reason for asking is in New York’s Eastern District Bankruptcy Court they have a loss mitigation program. Bankruptcy court judges have a much stronger say. Something to consider. Best of luck!