I have to apologize to Mr. Martinez as I normally do not post full content unless it is one of those post that you must read without being navigated to another place or distracted. Please visit the link below as it is a great source from an insider stand point.
FORECLOSURE DEFENSE ATTORNEYS…TIME TO TAKE OFF THE GLOVES!!!
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Ok I get it… ….Attorney’s are to hold themselves to a higher standard…professionalism…professional courtesy…courtroom edicate…yada yada yada! I get it I really do! But my fellow legal advocates…it really is time to take off the gloves.
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In hearing after hearing I’m seeing these defense attorneys walk in with the same timid attitude of sorts trying to be nice, trying to maintain their professionalism while across the table I’m seeing these foreclosure mill runners (I call them runners because they’re not even the attorney on the case just the runner appearing before the judge on behalf of the foreclosure mill) being extremely flagrant, arrogant and flat-out bully like to a large degree. And what I’ve noticed is that the moment they get tripped up by the more aggressive defense lawyer, they tend to quickly tell the judge how they’re not the attorney assigned to the case and how they’re just present for the hearing and will have to check back or ask for a continuance or make the defense feel like they’ve won something by postponing the sale. Amazing how on the fly these runners are making decisions for their clients about postponements without making a call.
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Quite frankly for those who know me personally I give you what you dish out. If you act like a bully I’m going to treat you like a bully. I personally don’t like these foreclosure mills and what they stand for on a moral and ethical front. I believe that any attorney that can stomach putting families in masses in the street for money is morally challenged and any lawyer that’s willing to commit fraud upon the court doesn’t deserve my professional courtesy. Defense attorneys need to stop treating these foreclosure mill attorneys as their equal brothers and sisters of the profession and start treating them like enemies of the state. That may seem a bit harsh but for every homeowner that seeks our assistance does so with a passion unseen or felt by our profession. We need to harvest that same passion, translate it into legal argument and bring it right into the courtroom. We cannot allow for families to lose their home as a matter of course through runners! RUNNERS!!! Are you kidding me! We should be kicking their ass’s right out the courtroom down out to the street and we aren’t. We are giving them professional courtesy.
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I think it’s time to get aggressive and outright scary in these courtrooms. Why should a judge take us seriously when we’re not bringing the passion and seriousness of the issues to the forefront? I walk into courtrooms and see judges laughing, I see lawyers talking while waiting their turn and a hearing is going on. I see judges making jokes and then saying your motion to dismiss is denied. I am nothing short of AMAZED at how unimportant kicking a family out of their home is. Let me tell you that it’s one thing to see an adult client in front of you but it is something completely different to visit their home and see a child 4 or 5 holding a toy or a 12-year-old ask you if you’re going to save his family. I recently traveled to New York on another case and let me tell you that in these judges courtroom, intimidation is not the word. NO ONE is talking in the courtroom. These judges in New York are not playing and neither are the defense attorneys. I see great passion and argument and I see judges looking squarely at the merits of the case. So why is this not happening in Florida courts?
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When I see my legal associates like Matt Weidner put up a post of frustration and fear that we are losing the battle I get angry and begin calling members of my legal team to have a strategy session and figure out new ways to take back the momentum. Defense attorneys need to silence the courtroom with their passion and sound legal arguments. They need to create the platform in which judges and other defense attorneys stay quiet to learn. We need to own the room when we’re in it and speaking and we need to spank these little foreclosure mill runners and make them run back to daddy Stern or daddy Watson. Walk into court every time knowing they’ve committed fraud. Stop being so scared to say it and use every other word you know to describe it. Say it loud…FRAUD FRAUD FRAUD!!! Move for sanctions! They’re crooks…treat them like it! Stop treating them like your equal, stop giving them professional courtesy and start treating them like they deserve to be treated!
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TIME TO TAKE OFF THE GLOVES!!!
Source: DISCOVERY TACTICS
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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
I admire you as one of the few with passion for seeing the right thing done. I always attend the hearing for my sellers. Recently, the attorney representing a well known foreclosure law firm was there waiting in the hallway. My customers had a brief stint with unemployment, quickly recovered, but no loan mod granted to them. We told the judge the bank said they lost thier paperwork, thier check was lost,. With this bank it was a comedy of errors. Months of no returned phone calls while processing their short sale. They were denied an extention. The wife was in tears, the killer was that the husband, usually strong was as well crying. The attorney TOLD US THAT HE UNDERSTOOD. HE TOLD US HE KNEW HOW BADLY THE SYSTEM WORKS. HE TOLD US THAT THE BANKS DO THIS WHEN THERE IS CONSIDERABLE EQUITY. From that day forward I know that the reps are just there for the paycheck. I appreciate his sympathy, but it was an eye opener that everyone really knows what’s going on. Nobody wants to step up.
Finally someone says the truth… The emperor has no clothes!
I am tired of dealing with attorneys that walk into the courtroom without being prerpared and treating the other side as if they were the only ones that merit the courts jurisdiction. I was recently represented by a team of supposed “Jedti Knights” or otherwise known as George Gingo of Gingo Law. The attorney representing us was not able to make the hearing so he sent his colleague instead. This supposed attorney was so unprepared he shocked me, when the judge asked him to expain to her why there should be an evidentiary hearing, he turned to me and wispered in my ear: “in 15 seconds tell me why we are here and what is the argument” IN 15 SECONDS. Apert from the fact that he had an expert witness affidavit that spoke fraud all over it, apart from the fact that the motion that was being addressed explained the details of the fraud with full legal specificity, and apart from the fact that the case law provided to the court by Michelle K Mason (liar for Stern) was not even related to fraud upon the court but to intrinsic fraud, this attorney just stood there looking like a total idiot and giving some nonsensical diatribe about how the trust had nothing in it. Suffice to say that the judge just looked at him and denied evrything in my motion.
After that, this same “law Firm” just abandons my case and leaves me stuck with the mess they created, of what should have been a powerful evidentuary hearing that both Michelle Mason and Stern feared, to instead become a surrender of all our power material issues of facts remaining in our case. All together, Mason said just 20 words, that was enough to shut up the Jedti Knights! Some times I look at some blogs and I read about poeple saying just how great these attorney’s are simply because they have an appeal in the 5th DCA, and which they lost by the way, and it just makes me mad! I am very disspointed with pansie attorney’s and in our site we will only allow those that are willing to get involved in a fight or else we will find someone from out of state that is.
I’ve said it many times and I will say it again, this is fraud! If your attorney is scared of using these words, then fire them and find someone that is not scared to get up in the court room and call the deceit by its name! Also, find an attorney that is not scared to tell te judges that they may be guilty of misprision of a felony! If a judge has been provided with expert witness affidavit evidencing fraud, if you have provided documents to the court evidencing fraud, if you have noticed the court of fraud on the court through motion after motion and the court simply ignores you and instead protects the offender from further scrutiny, then that judge is GUILY OF MISPRISION OF A FELONY. Stand up and tell the judge that in his face ON THE RECORD! If your attorney can not do that, then find someone with the intestinal fortitude that will, because it is simply a fact of law!
What led to the client having to face foreclosure to begin with? How many times is it posted all over the Web everyday, about Clients who have refused to pay on their mortgage for TWO YEARS, because they are saving for a new house, or another house, somewhere else??? Because they KNOW that the process can take so long and drag on? Yet, then run and cry in the news, because they DELIBERATELY failed, or failed period, to meet their obligations?? How many LIED, on their applications, and bought MORE house than THEY COULD AFFORD, KNOWING that if they had just ONE unplanned doctors visit, they would be on the street???
This is a 2 way street….so, don’t cry foul now, when you get caught with your hand in the cookie jar!!!
Great post, as always. I have a saying that sums it all up for those that are still crying, “Deadbeats, pay your bills.” Yes, there are deadbeats. There are also people who are being used as cogs in a giant machine to manufacture money in a grand scheme that was concocted that has NOTHING AT ALL to do with homeowners or borrowers. They were simply the vehicle. There are people that commit terrible crimes who GO FREE on a technicality, but it is BECAUSE of these technicalities that INNOCENT PEOPLE are unlikely to be jailed. It’s not perfect, but it’s all we have. Not punishing the guilty few is THE COST of protecting the innocent. It’s how justice works friends… and it makes this country the best on earth, WHEN THE LAWS ARE ENFORCED. The money machine is counting on your ignorance and your arrogance and ENVY of someone not paying their mortgage for a few months or even a couple of years. Until you have endured the emotional RAPE that happens and destroys your life when you are VICTIMIZED by this fraud, your family and your world (and IT DOES) you have NO CAUSE TO JUDGE. The sooner we stop the fraud, the SOONER WE SNAG THE DEADBEATS. Kick their sorry butts onto the lawn, but until then, we must stop hurling entire COMMUNITIES into ruin and destroying our nation. It will cost us a few losers living for free for a LIMITED amount of time. WE CAN AFFORD THAT. But it will RESTORE our nation to something that MIGHT live into the next decade.
Now my saying: “Ignorance breeds arrogance, arrogance sustains ignorance.”
If you are arrogant enough to think you know it all, then you are doomed to be stupid. One day, you will find that your world has been very small indeed, and that you haven’t fooled anyone. Ignorance radiates out of an arrogant person like the sun, and the arrogant blissfully think they are fooling everyone. They aren’t. Don’t mistake my lack of comment on ignorant utterances like “Deadbeats are the reason we are in this mess.” I simply don’t care to expend the energy (most of the time) on hopeless arrogance. It’s not worth my time. Arrogant people RARELY have a big impact on the world anyway, they self-destruct invariably, so I just leave them to it.
We have to get this thing fixed, and that won’t be by focusing on a few deadbeats. Try focusing on the fact that only 400 people hold nearly HALF of the wealth of this country, if you aren’t too ignorant to do that. Buy a calculator. It’s called Banana Republic darling, and that’s why your kids’ teacher is getting a pink slip in May.