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(VERY IMPORTANT UPDATE)
Sunday – December 27, 2015
What Every Homeowner Needs To Know About Foreclosure Defense Attorneys: Why They Remain An Endangered Species And What If Anything Can Be Done About It
A year ago The Foreclosure Hour explained why homeowners nationwide were having such great difficulty finding a knowledgeable foreclosure defense attorney and suggested ways of remedying the problem.
Yet, if anything, as those presently facing foreclosure well know, rather than becoming easier, it is actually even more difficult anywhere to find knowledgeable foreclosure defense counsel.
Apart from the factors we identified causing the problem discussed on last December 27, 2015’s Show, making the situation still even worse, there has been an increase in Bar regulatory “targeting” of foreclosure defense attorneys.
The ignorant but widespread popular judicial belief that a homeowner who is behind in mortgage payments is not entitled to any defenses, itself discouraging attorneys from entering or staying in the field, an even more disturbing, parallel attitude has emerged among Bar regulators nationwide seemingly convinced that if an attorney attempts to defend a homeowner behind in mortgage payments that attorney must be a crook trying to take money from vulnerable consumers having no defenses whatsoever.
State Bar Regulators have, for instance, been circulating memos among themselves urging disciplining of foreclosure defense attorneys.
That trend, for instance, was clearly in evidence in Hawaii last year.
Whereas there has been only a handful of attorneys in Hawaii defending residential foreclosure cases, in 2016 almost all of them (5 and maybe 6) were disciplined, resulting in disbarment, suspension, or voluntary loss of their license.
Not being familiar with the facts of those cases, I am unable to evaluate whether or not those disciplinary actions, paralleling what is taking place nationally, were justified or not.
But I can confirm that by “targeting” I mean that a grievance filed against a foreclosure defense attorney gets much more serious and immediate superficial attention from Bar regulators than the same type of complaint made against a non-foreclosure defense attorney would, akin to the hysteria fueling the search for witches in Salem, Massachusetts centuries ago.
Of course, foreclosure attorneys who submit false and forged loan documents in Court on behalf of pretender lenders are rarely if ever disciplined by Bar regulators, the mind of man runneth not to the contrary.
Meanwhile, homeowners in protracted foreclosure proceedings are understandably usually emotional wrecks, sometimes prone to strike out against their own counsel if they have one, justifiably confused or outraged by the unfairness of the system, of which their attorneys are often ultimately seen to be an integral part.
Under such circumstances, one can understand the reluctance of potential consumer defense attorneys to touch foreclosure cases, let alone their attempting to learn how to protect residential mortgage borrowers unless having the rare courage of those applying for acceptance into military Seal Teams.
That discriminatory view possessed by Bar regulators is completely unjustified. Attorneys are vitally needed to protect the legal rights of homeowners.
And those rights can be protected in our experience as reflected in our “thank you” and “our appeals” lists posted on our foreclosure website.
In one of our cases just last week, for instance, we even had the foreclosure complaint dismissed with prejudice for good cause, our client earning and deserving so far the proverbial “free house”.
Meanwhile, foreclosure defense attorneys will continue to be an endangered species, especially unless the Bar pushes back against incompetent and misguided Bar regulators.
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