Garfield claims there have been “tens of thousands” of wins by homeowners. Would be interested to see evidence of Garfield winning any of these “tens of thousands” of cases. The facts are, the only cases where Garfield was involved were terrible losses.
Just recently, we’ve been alerted by several homeowners about Fraud Stoppers videos and literature that contain lies and disinformation. For example they claim that the Supreme Court of the State of Kansas stated in LANDMARK NATIONAL BANK v. KESLER that “the splitting of the note and mortgage creates an immediate and fatal flaw in title”. The alleged quote posted by Fraud Stoppers doesn’t exist, most scammers make up quotes in an attempt to back up their ridiculous arguments. Moreover, courts around the country have held that a deed of trust ” ‘split’ from the note through securitization, DOES NOT render the note unenforceable. JOHNSON V. HOMECOMINGS FINANCIAL, 2011 WL 4373975, at *7 (S.D.Cal. Sep.20, 2011); CERVANTES V. COUNTRYWIDE HOME LOANS, 656 F.3d 1034 (9th Cir. 2011) (The “split the note” theory has no sound basis in law or logic.).
To make matters worse for unsuspecting homeowners, a federal court found a homeowners arguments supplied by Fraud Stoppers to be “meritless:”
“Plaintiffs apparently learned their securitization theory from http://www.FraudStoppers.org, as nearly half of the Complaint is verbatim from this website.” https://scholar.google.com/scholar_case?case=5570767654066104797&q=%22fraud+Stoppers%22&hl=en&as_sdt=20006
They’re also disseminating other nonsense: https://www.youtube.com/watch?v=gyppH6r2YYo Real facts regarding the Daly case can be found here: http://mandelman.ml-implode.com/2013/01/are-mortgages-fraudulent-the-case-from-credit-river/
Sadly, homeowners have already succumbed, or will succumb to Fraud Stoppers slick marketing campaigns, but Mortgage Fraud Examiners will continue to expose these scammers, and others like them, to warn the public, and unsuspecting homeowners that may be facing foreclosure.
Randy Kelton a known scammer and legal illiterate of Rule of Law Radio infamy, who rips off homeowners by teaching them how to lose their homes, got spanked by the court for using his foolish arguments: Kelton v. DEUTSCHE BANK NATIONAL TRUST COMPANY, Dist. Court, ND Texas 2014 Kelton v. WELLS FARGO BANK, NA, Dist. Court, ND Texas 2016
Washington, DC — (ReleaseWire) — 04/05/2016 — When asked how the mechanism works, Bradford explained: “It’s very simple; appraisal fraud, other tortious conduct, contract breaches, errors, setoffs, statutory/regulatory violations, etc., underlie over 90% of mortgage transactions. These abuses give homeowners leverage to beat the banks. When we examine mortgage transactions (contract) and find misconduct, our clients use our analysis to draft and send a contractually mandated ‘grievance letter’ to the Servicer, which mandates they take ‘corrective action.’ Since the damage has already been done, the only “corrective action” they can take is to settle with the homeowner.”
“Most homeowners and attorneys aren’t even aware that the standard Fannie Mae/Freddie Mac mortgage security instrument requires homeowners to send a ‘Notice of Grievance’ putting the lender on notice of any, and all misconduct.” Moreover, the government requires servicers to have processes in place to handle these grievance letters, so now you have the government looking up their behinds.”
“In order to present the strongest argument for the Servicer to take ‘corrective action’, it is a must to have an analysis of the entire mortgage transaction (contract) to identify errors, breaches, omissions, fraud, statutory violations, and/or predatory/unfair lending practices. Moreover, Servicers know that the government comes down hard on them if they don’t cooperate. And they know they will lose if the homeowner sues for damages from injuries resulting from their discretions. So they will usually settle quickly in a way that satisfies the homeowner. The majority of lucky homeowners have reversed their fortunes, obtaining settlements in negotiation, or won monumental damage awards in litigation.”
When asked why homeowners even with lawyers keep losing their homes, Bradford gave a haunting reason: “Most supposed ‘foreclosure defense’ attorneys are giving the homeowner false hope, because their only strategy is making refuted arguments and filing useless pleadings to drag out the inevitable foreclosure. Moreover, these legal charlatans charge their hapless victims tens of thousands for the privilege of losing their home. Unfortunately, legal incompetence and legal malpractice is one of the major reasons so many homeowners have lost their homes.”
Some industry pundits muse over whether foreclosure defense lawyers commit legal malpractice by failing to examine the mortgage transaction. Bradford explained the issue: “Bar ethics counsel has made clear that attorneys commit malpractice by failing to examine contracts when there is an allegation of breach. A foreclosure is basically an allegation the homeowner has breached the contract by their failure to make timely payments. The servicer sends a notice of default and accelerates the loan pursuant to contract. Doesn’t it make sense for the foreclosure victim’s attorney to examine the contract and related documents to determine whether the lender breached first, there are any errors that may void it, and/or fraudulently induced the homeowner into the contract? Common sense dictates that attorneys should be checking whether the mortgage is even enforceable before tackling a foreclosure.”
Thomas K. Plofchan, Jr. an attorney specializing in foreclosures and employs the services of Mortgage Fraud Examiners explains as follows:
“Mortgage Fraud Examiners is the ‘go to’ firm if you want your lender to negotiate on your terms not theirs. They provide a meticulous analysis of the whole mortgage transaction, identifying breaches, errors, and/or fraudulent conduct, which helps me prepare a legal strategy to force a financial settlement and in some of our cases, free title to the property.”
Bradford concludes: “There really are many options available to homeowners, regrettably most of which are worthless services or worthless arguments. Undeniably, the only established procedure for a homeowner to obtain a financial settlement or their home free & clear is through an in-depth analysis of the mortgage transaction. Regrettably, everything else is just wishful thinking or a scam.
If you want to try and reverse your fortunes, consider an examination of your mortgage transaction by contacting Mortgage Fraud Examiners for a free private consultation.
Mortgage Fraud Examiners, the investigative firm who warned the public about loan modification scams, the “criminal loan modification trap,” “securitization/forensic audits,” scams and the “Mortgage Elimination” scam is now warning that foreclosure “pretense” attorneys may be cheating homeowners out of victory by ignoring contract breaches and tortious acts underlying their mortgage transaction.
Washington, DC — (ReleaseWire) — 03/30/2016 –When foreclosures started arriving in mass many attorneys chose an easy method of making money. This method is ignoring any real dispute and analysis of the mortgage transaction and instead filing copycat generic defenses that have no merit and may not even delay a foreclosure. Most of these copycat defenses involve “standing,” “MERS,” “securitization,” “assignment,” or other stall arguments. This is the most profitable way for an attorney to defend a foreclosure. Pay 5 cents a page for a copy machine formulaic defense, which does nothing to help the borrower, while lining their pockets with thousands the borrower paid, basically to stall the foreclosure. Because this is the most profitable way for the attorney to defend a foreclosure, this is what the majority of blitz advertisements and “stall” attorneys you will find doing.
“If homeowners had a choice of stalling the foreclosure or getting a monetary settlement, does anyone really believe homeowners would choose to stall? And yet, many do because they were misled. Some of these lawyers bill their clients anywhere from $1500.00, to $5000.00 or more upfront, followed by monthly fees until foreclosure. In the end, the client not only loses their home, but wasted upwards of $40,000.00 on arguments not designed to win, but to line the pockets of some greedy lawyer, who knew or should’ve known that attacking the contract is the ONLY approach that wins cases.” So says Storm Bradford, Founder of Mortgage Fraud Examiners.
“The fastest way to sort these attorneys out is to simply ask them for a copy of their last three filed defenses and look at them side by side. When they are more or less identical, and ignore any detailed disputes or events, you will know in advance what type of attorney it is and likely how that attorney will prepare your defense. Or, ask them how many homeowners they’ve represented received financial compensation and/or free title to their property. This is a lot faster when time is a concern than hiring the attorney and finding out months later that a copy machine defense was given in your name. Courts generally only give you a single chance to present your case, so be careful about having an attorney waste it.”
Bradford adds: “It appears misleading homeowners is quite common amongst the “stall” crowd. There’s an attorney who claims to have had millions come to his blog, and declares he’s won hundreds of cases. Regrettably, we couldn’t, nor could others, find one foreclosure case where a homeowner received financial compensation from a bank, or free title to their property. However, what we did find was all losses. Another attorney, who has his own radio show, and claims to have won hundreds of foreclosure cases as well, when asked: “provide me any cases that prove your client received financial remuneration and/or free title”—his answer, “I only wish I had the time to accommodate you.” So, when you hear such claims like these, to include “I’ve saved thousands of homeowners their homes,” it’s time to grab your wallet and run to an attorney who is willing to have your mortgage transaction thoroughly examined.”
“Matter of fact, we haven’t been able to find one case where a homeowner received financial compensation and/or free title to their property, where their attorney argued, securitization, MERS, standing, produce the note, assignment, or the other many arguments they’ve concocted to stall. Conversely, homeowners and their attorneys who have followed our methodologies of thoroughly examining the mortgage transaction for contract breaches, errors, setoffs, statutory/regulatory violations, fraudulent appraisals, and other fraudulent conduct, depending on the egregiousness of the misconduct identified, have won dozens of multi-million dollar awards, free title to their property, and every conceivable settlement one could imagine.”
This brings up a pressing question. How often do attorneys miss valid defenses that may help homeowners? A Federal Deposit Insurance Corporation report found that of the nearly 2,000 financial institutions they assessed the previous year, 1,607 (or 83%) received citations for “significant” compliance violations. The FDIC also examined appraisals and found out of the 259 appraisals reviewed for accuracy, only SEVEN fully complied with professional standards. A whopping 194 of the 259 contained “multiple egregious violations” of regulations and industry standards. See, Staying Alert To Mortgage Fraud.
Homeowners need to understand a promissory note; mortgage/deed of trust is a contract—Period! Foreclosure defenders should be identifying contract breaches, errors, setoffs, statutory/regulatory violations, fraudulent appraisals, and other fraudulent conduct, which cause most mortgages to be legally problematic. In most cases the homeowner has over a ninety percent chance or better of having something viable that puts them in the proverbial driver’s seat. Most often the demonstration of a strong cause of action will lead the bank to ask for a settlement. If not, a lawsuit could result in getting the house free and clear, and/or money for the foreclosure victim, plus fees and costs for the attorney. See, WV Judge Grants Homeowner Damages.
About Mortgage Fraud Examiners
Mortgage Fraud Examiners provides services for attorneys and their clients who face foreclosure and for homeowners who suspect problems underlie their mortgage transaction. They discover appraisal fraud, loan application fraud, other tortious conduct, contract breaches, errors, set offs and a myriad of other violations systemic in these mortgage transactions. They provide a report of the findings within 7 business days, and, as a service to attorneys, may provide it styled as a complaint ready for filing or for settlement negotiations.
“The first line of action for any homeowner or attorney should be the examination of the mortgage transaction first. There really are many legal options available to homeowners facing foreclosure,” Bradford concludes. “However, the only process that works is to find a REAL legal dispute such as contract breaches, tortious conduct, errors, set offs, etc. Every mortgage transaction has unique facts, every claim has different applicable law, and only by properly examining the mortgage transaction is one going to find the answers.
Mortgage Fraud Examiners
Congrats Bob, you finally got it done after me badgering you for the last year.
Unlike Garfield’s blog, there will be comments and posts from individuals and attorneys that are, and have been successful in defeating foreclosure. Now, homeowners will have access to verifiable methods and causes of action to help them stay in their homes on their terms, not the banks’.
We’ve created a “safe harbor” for homeowners to come and see what arguments actually work, and to forget the witless arguments desperate homeowners find on blogs like Garfield’s, and the other blogs that follow his misinformation.
Thanks again, for creating light within the darkness.