It's perfectly understandable that many people don't know what to believe anymore, after all, what we've seen happen all around us could drive anyone a little batty. But, understand that holding onto something that's not true isn't going to... (Continue reading)
Apparently, Orange County Superior Court Judge William H. Monroe is not only a judge and a lawyer, but he's a READER too! And one might think that lawyers all over California would be popping open the champagne... or at... (Continue reading)
So here we are a year later. Like a runaway train, the State Bar is moving full speed toward a unstated goal that is inconsistent with the public interest: no lawyers available for borrowers who need assistance.... (Continue reading)
Over time, I hoped, as people came to understand what had actually happened, they would let themselves off the proverbial hook, and once not bound by shame, they would speak out and when in great enough number, our leaders would... (Continue reading)
New Jersey foreclosure defense attorney Bruce Levitt on this Mandelman Matters Podcast tells you what's working and what's not... and how he thinks you are most likely to save your New Jersey home from foreclosure.... (Continue reading)
The recent decision by the state bar court now effectively prohibits the charging of fees by lawyers even AFTER services have been completed. Yes, you read that correctly... lawyers can't take advance fees, nor can they be paid after... (Continue reading)
If you receive a solicitation that looks or says anything like what you see below, DO NOT RESPOND TO IT... IT IS A FRAUD... IT HAS NOTHING TO DO WITH THE ATTORNEY GENERAL OFFICE. ... (Continue reading)
LPS also reports that as of September, 3.7 million loans were at least 30 days delinquent, but not yet in foreclosure.... and 1.53 million loans were at least 90 days delinquent, but not yet in foreclosure. Almost two million... (Continue reading)
Using the combined resources of federal, state and local law enforcement, the initiative targeted perpetrators both criminally and civilly, and led to 285 federal criminal indictments and another 110 federal civil cases, and criminal charges were filed against 530 defendants.... (Continue reading)
I'm not saying it'll be enough, or it'll be fair... but it will be something. No amount of money can truly compensate you for what you lost... but maybe just the acknowledgement by the Settlement Monitor and AG's office... (Continue reading)
By understanding the truth of what happened and why at these two pivotal moments in time, everything else will fall into place, for it was these two moments that set the course for a global economic downturn that, if history... (Continue reading)
Back in April of this year, they were granted 180 days to get their servicing operations ready to comply with the new standards, and as of yesterday, they'll be held to the 304 new rules for addressing the needs of... (Continue reading)
Per the settlement agreement, Smith will be testing the servicers adherence to the new rules using 29 defined metrics to assess such breaches as improper trustee sales, wrongful denial of modification, the use of fraudulent affidavits in the foreclosure process,... (Continue reading)
why would Smith publish a report whose only meaningful certainty was to scare even more homeowners away from paying attention to Bank of America's borrower outreach efforts? BOA and its peers were already having a hard time reaching... (Continue reading)
Don't have time right now? MAKE TIME RIGHT NOW. Read this and DO SOMETHING.... (Continue reading)
Anyway, so that's the deal... $500 to $125,000... PLUS EQUITY! It makes it sound like the worst you can do, assuming you get past the qualifying round, is the $500, right? Five hundred's not bad, I suppose. ... (Continue reading)
Your state assembly representative and state senator needs to hear from you on this issue. You should care a great deal that you have access to legal counsel should you decide you want or need it... no matter what...... (Continue reading)
What the state bar is left with are not the lawyers that SB94 was intended to address but a target nonetheless because of SB 94's overly broad and possibly unconstitutional remedy... lawyers simply caught up in the loan mod dragnet.... (Continue reading)
I'm not saying that HAMP is the best solution I could come up with, but under the circumstances, I don't see anything better... or frankly anything close as far as keeping people in homes. I end up helping a... (Continue reading)
If someone has told you that I am involved in a loan modification law firm or any other type of operation, asking that you pay him or her money to get your loan modified, it is a SCAM. ... (Continue reading)
This newly renovated version of HAMP has been touted as being a major improvement to the HAMP program, and in many ways it is significantly better. ... (Continue reading)
I'm never going to claim that I'm perfect, and I know that not every home can be saved. But I can tell you that I would never lie to a homeowner at risk of foreclosure. And if I... (Continue reading)
Homeowners should take great care when hiring a lawyer for any reason. And I HATE it when anyone gets ripped off for anything, especially when their home is on the line. But this article is a blatant attempt... (Continue reading)
Jay Patterson teaches lawyers how to use the SEC Edgar database, among others, in order to find out who owns a loan. How to identify the trust a loan is in and find the Pooling and Servicing Agreement. how... (Continue reading)
Wells Fargo "stepped up" with a $22,000 "gift." Is that how that should ideally be phrased? I suppose it's fine. But, having spent the last few days writing and talking about Norm Rousseau, who took his own... (Continue reading)
I for one am glad to see that this country is finally taking the foreclosure crisis seriously and that my tax dollars are being put to good use, and I really do hope that everyone take advantage of the new... (Continue reading)
For one thing, filing quiet title did work out well for Denise Saluto, and since I would never have predicted it happening in her case, I'm certainly not going to tell you it won't happen again in yours, because as... (Continue reading)
Iceland's mortgage write-down program happened as a result of thousands of its citizens taking to the streets demanding that something be done about the debts the people had incurred buying homes during the bubble at what turned out to be... (Continue reading)
Originally posted in May of 2009… why it’s still a question in our society is beyond me. As a citizen of the United States, I think you have a right to legal council and representation. That right is enumerated... (Continue reading)
Zanides estimates that the bank has spent a significant amount already on legal fees and now is certain to spend a whole lot more. Patricia Martin's home is worth no more than $275,000. How can it be worth... (Continue reading)
First of all, I realize that I wasn't there. And I understand that the guy had a beer in one hand and a gun in the other. But he was obviously thinking pretty clearly... after all, a couple... (Continue reading)
Last week, Hawaii homeowners at risk of foreclosure had reason to be pleased. Not ecstatic… not jubilant… and certainly not electrified, as other bloggers have intimated might be appropriate. The decision is not cause for any of those emotions… there’s... (Continue reading)
The video below puts you in the courtroom to watch as both sides of the debate present oral arguments related to MERS' involvement in the foreclosure process in front of the nine justices of the Washington State Supreme Court.... (Continue reading)
California State Senator Vargas has introduced SB 980, which would extend SB 94 through 2017.... (Continue reading)
Plus, in Massachusetts, do you know how they do it? They auction the home off right on the soon to be ex-homeowner's front lawn, for all to see. I'll tell you what... that is some 17th century nonsense... (Continue reading)
Ooops, you did it again! Yes, it's true... Wells Fargo contacted Tom and Jeneane up in Granite Bay, California mid-day today to let them know that their SALE DATE of February 3, 2012 HAS BEEN POSTPONED. ... (Continue reading)
DOERS... you did it again. That's 7 out of 7 DOERS... we really are DOING it and making a real and very meaningful difference not only for the homeowners whose homes we've saved by helping them get sustainable loan... (Continue reading)
By mid-day on Tuesday, Bank of America had responded to say they were looking into it... and by 4:30 PM that same day Bank of America DID THE WRIGHT THING, and gave Mr. Dale Wright his home back... from a... (Continue reading)
Even some of the people involved in the drafting of California's Senate Bill 94 ("SB 94") back in 2009, recognized that it wasn't going to fix or stop the problems it was addressing, and there's no question that it was... (Continue reading)
The man's wife passed away in 2006. They were married for 53 years. Your bank explained that a request for postponement went in on the 23rd of December 2011 on a loan which Bank of America agreed to... (Continue reading)
Consider this... bankers say that they've been overwhelmed by the millions of homeowners unexpectedly seeking loan modifications and that's why applying for a loan modification has been such a nightmare. But, what about the number of foreclosures occurring in... (Continue reading)
So, below is a video that Marco just put together. It's dramatic... disturbing even. It includes footage of the sheriff coming to evict a family, obviously without notice... or at least without adequate notice. Marco put the... (Continue reading)
ALJAZEERA: "If you want to find out about this story of the year and years past, in all of its disgusting detail, you can't just trust major media. You have to read Matt Taibbi in Rolling Stone, a music magazine,... (Continue reading)
Fannie and Freddie actually had a policy stating that they didn't want to receive the physical "notes?" This "policy" was created by Freddie and Fannie and clouds who actually has legal title to the property (i.e. mortgagee) and who... (Continue reading)
In this edition you'll find: 1. Robo-signing KILLS... 2. OCC proposes credit rating duties go to banks - A real conversation with a banker-friend of mine. 3. PMI Files Bankruptcy - Regulators step in and take over yet another mortgage... (Continue reading)
MEMO TO BANK OF AMERICA... Why do you do these things to me? I was just sitting here minding my own business, perfectly content to write about Chase or Wells or anything else for that matter... but no, you... (Continue reading)
At the California State Bar Association's 84th Annual Meeting, September 17, 2011, Susan Anderson presented what she said is the bar's official interpretation of SB 94, precluding a lawyer from being paid for services related to a loan modification until... (Continue reading)
I'm not sure what to say to that, now that I've read Zach's article and been shown more of what went on behind closed doors at the Obama White House. That mistakes were made is abundantly clear, but even... (Continue reading)
Even Edward J. DeMarco, acting director of the independent Federal Housing Finance Agency says his fix will be more of a tune-up than an overhaul, with reduced "frictions" and "enhancements."... (Continue reading)
As shocking as it may be to some, apparently if you start with MERS, mix in some robo-signing, have total disregard for the PSA, and entirely ignore each and every law along the way, well... you end up destroying the... (Continue reading)
Since then, we've been bubbled into financial ruin. We bought high and sold low, until our 401(k)s turned into 201(k)s, and then we doubled down on shares of Pets.com, never bothering to question how the company planned to deliver... (Continue reading)
Let's hit this one out of the park for Cynthia in Knoxville, shall we? Come on... did you have a frustrating day? Me too. So, here's something to take all that frustration out on, what do you... (Continue reading)
BUT... the odds are that they won't win their lawsuits, their legal arguments will not prevail and ultimately they will lose their homes to foreclosure. Many arrive in court having not made a mortgage payment in several years, and... (Continue reading)
We plan to release the final film by the end of this calendar year. This is an election year. We can't afford to wait. Please help me change how this country views the tragedy that is the... (Continue reading)
Max Gardner, along with his faculty of expert guest speakers, will be delivering two specially designed in-depth sessions each one laser focused on the topic of the UCC's impact on mortgage securitization - and each of the seminars is specifically... (Continue reading)
While in Phoenix filming a documentary on the foreclosure crisis, I got a call from NBC Channel 12 reporter Melissa Blasius who said she had heard I was in town and wanted to feature what I was doing in one... (Continue reading)
As a result, homeowners who begin the process of obtaining a loan modification with expectations largely set by the President, are likely to be disappointed at the outcome, regardless the outcome. ... (Continue reading)
Retirees and the handicapped experience higher living expenses, including home maintenance, spiraling healthcare costs, utilities, and other expenses associated with age, disability, and/or deteriorating health. That fact progressively reduces their disposable income and ability to make mortgage payments. ... (Continue reading)
A Guest Post by Chicago attorney, Rick Rogers of Rogers Law Group. Rick and I met last year when we attended Max Gardner's Boot Camp in North Carolina last year; we actually shared the Riverview Cabin on Max's ranch... (Continue reading)
If that's the case, and I have no reason to believe that it isn't, then I would only like to suggest that perhaps some of the millions eligible for withholding could have been withheld prior to paying them the $560... (Continue reading)
Okay, so Mr. Marques is nothing if not persistent, apparently, and God bless him for that, because this time out... his third time at bat... he hits one out of the park! ... (Continue reading)
The new law makes mediation prior to foreclosure MANDATORY if requested by the borrower, and requires mortgage servicers attempting to foreclose to submit to the mediation board, 14 days prior to mediation, proof that the chain of title is intact,... (Continue reading)
My heartfelt thanks goes out to Rep. Herkes and Sen. Baker... the people of Hawaii are very lucky to have you serving in their state's legislature. My sincere hope is that you will be recognized for your work so... (Continue reading)
It's official! Just hours ago, the Great State of Hawaii's legislature has passed the nation's toughest foreclosure prevention bill, SB 651. The bill proved to have overwhelming support, with the senate voting to pass the bill, 23 to... (Continue reading)
Inside this month's Museletter: 1. FDIC Sues 3 Top WaMu Executives. 2. American Banker Reporting "Lack of Leadership" is the Problem. 3. Video by North Carolina Realtor Says it All About BofA. 4. New Report Should Be... (Continue reading)
Of course, there are times when more stuff happens to more people, and today is obviously an example of such times. The economic conditions that we're experiencing today are causing more foreclosures than at any time since the 1930s. When... (Continue reading)
We're not people who simply decided to skip out on our mortgage. We did everything as upright and by the book as we were instructed to do by Chase yet we still lost our home. On the day they took... (Continue reading)
So, Citi's lawyers filed a new proof of claim... and Ricki Walker's attorney, Mitchell Abdallah, filed a new objection, so Judge Sargis will once again have a chance to uphold the rule of law and change the playing field for... (Continue reading)
This report will compare the Net Present Value (NPV), of standard Home Affordable Modification Program (HAMP), modifications with Principal Reduction Alternative HAMP (PRA HAMP) modifications. If the mortgage principal balance on a home exceeds 115% of its market value,... (Continue reading)
Laurie, as "the architect" of the HAMP program, are you aware that these servicers you're pandering to at the Mortgage Bankers Association conference, have been nothing short of torturing America's homeowners relentlessly, mercilessly, and without rhyme or reason for three... (Continue reading)
The only reason this bill is being pushed through the Arizona legislature is that one of that state's senators actually tried to rescind her own predatory loan and found out first hand what it's like to have to deal with... (Continue reading)
You know... I've been wondering when the Hawaiians were going to get into the game on this loan modification foreclosure thing and there you have it... and they brought Valentine's Cards and sang a song. ... (Continue reading)
You see, it's a very well thought out no-lose proposition, this new California foreclosure rescue program... because if the banks refuse to participate in it, which would kill the whole principal reduction aspect of the plan, it's really not a... (Continue reading)
SB 94 is simply a law written by the Senate Banking Committee to make it next to impossible for a homeowner to hire a lawyer when at risk of foreclosure. I bet the banks wish they could have passed... (Continue reading)
Tomorrow is call your Attorney General Day nationwide. I need you to take action here... it's time to be heard. The foreclosure crisis must be stopped and servicers must be held accountable for their crimes.... (Continue reading)
1. California's ex-AG, Governor Jerry Brown Settles Countrywide Suit for $6.5 million. 2. Mandelman ADMITS HE WAS WRONG About AZ's Foreclosure Program's Potential. 3. Wall Street Journal: $135 Billion for Bankers in 2010... Breaks Previous Record Set in 2009.... (Continue reading)
See... this is an excellent example of why I'm starting to think we've become too civilized a society. I was born back in Brooklyn, New York, I mostly grew up in Pittsburgh, and my wife's from the City... (Continue reading)
Qualified (and of course ethical) lawyers are infinitely better than the vast majority of homeowners for the same reason that I'm afraid of my wife, but I'm not afraid of yours... do you know what I mean by that? ... (Continue reading)
They're manipulating you into feeling ashamed for being in trouble on your mortgage... but don't let them make you feel that way. It's not your fault... it's the banks that wear the black hats in this horror movie, make... (Continue reading)
Mandelman Matters decided to produce this important Webinar because this new Final Rule is something with which EVERYONE involved, either directly or peripherally, in helping consumers avoid foreclosure will need to understand inside and out. This new federal rule applies... (Continue reading)
The bankers have blown it, and they've blown it big. To me it looks like there are multiple swords hanging over the heads of the too-big-to-fail crowd. They report fake earnings based on suspended accounting rules... they lie... (Continue reading)
According to RealtyTrac, 1,050,500 homes we repossessed by banks last year.So, for those that think foreclosures are somehow a good thing, I guess congratulations are in order. For those not afflicted by such diminished cognitive abilities, I can only... (Continue reading)
Max Gardner is Coming to Las Vegas... Friday, February 18, 2011 at 7:00 PM -through- Monday, February 21, 2011 at 3:00 PM to prepare troops for OPERATION STRIKE BACK... THE BANKRUPTCY AND FORECLOSURE BOOT CAMP. I've attended Max's Boot... (Continue reading)
Mandelman, Greenfield & Bellicini will address updated Obama Administration HAMP Modification Guidelines and non-HAMP programs offered by Servicers to assist financially-distressed homeowners along with addressing the compliance issues for attorneys who want to handle Mortgage Loan Modifications as part of... (Continue reading)
Housing prices may someday be high again, like the way they were a few years ago, but that's a subject for the next generation, or even the one after that. It's not something for me, at 49 years old...... (Continue reading)
Judge Sikora, who was elected in 2008 as president of the Ohio Association of Juvenile Court Judges, said he was surprised when right smack dab in the middle of his negotiations with JPMorgan Chase, the bank went ahead and filed... (Continue reading)
PLEASE SIGN THIS yourself... but also could you please put in the extra effort and forward it to everyone you know that will also want to sign it? PLEASE? Post it on your Facebook page, your LinkedIn page...... (Continue reading)
Oh joy! Foreclosures should be peaking next year! Well there's something to look forward to, wouldn't you say? Why will they be peaking next year, you may wonder? Well, I'm forecasting they based on the current... (Continue reading)
Can you hear me now? Is that doing it for you? The facts about California attorneys who offer to assist homeowners with loan modifications as presented in the New York Times story are just plain WRONG. ... (Continue reading)
The facts of the matter today as related to the foreclosure crisis and loan modifications, however, could not be considered positive, I'm afraid. Help does not appear to be on the way, or on the horizon. As inconceivable... (Continue reading)
In fact, in California specifically, where there is already a state law governing advance fees, known as SB 94, lawyers will see very little change when the new FTC rule takes effect at the end of this calendar year. ... (Continue reading)
1. Help is NOT on the Way... 2. Go see the documentary "INSIDE JOB"... if it's not already too late. 3. One and Done... I Agree... Obama Shouldn't Run in 2012. 4. The Government is Launching Criminal Probes Into... (Continue reading)
Now, tell the truth... I'm not saying that this is what happened next, but what if I told you that the next thing that happened was that Khast bought a handgun and shot a banker in the head, would you... (Continue reading)
So, I have bad news... help is not on its way. No one is going to do anything to make this situation better. It's up to us and us alone. In my mind this is war, people,... (Continue reading)
Want to know who Howie Hubler is? Did you read Michael Lewis' book, "The Big Short," because if you did, you might remember Lewis mentioning a bond trader at Morgan Stanley that lost the investment bank $9 BILLION... more... (Continue reading)
Just in case any children are reading this, and one never knows about such things, forgery and perjury are never found on the right path to follow when attempting to cover up, flagrant and immeasurable fraud and massive malfeasance, boys... (Continue reading)
There's no point in sugarcoating this... getting a bank or mortgage servicer to agree to modify a mortgage is never a pleasant experience. In fact, it's pretty much horrible, even when it's good. You may finish the process... (Continue reading)
So, why didn't the bankers assign the loans to the trusts? I don't know... for sure. But I'm going to go out on a limb here and tell you it's because they wanted to borrow against them, and... (Continue reading)
Well, in the August HAMP Report, which is published monthly by Treasury, is a chart that shows that Treasury has disagreed with a higher than average number of the decisions being made by CHASE, Wells Fargo and Bank of America.... (Continue reading)
Potential Game-Changer Alert... District Court Judge Says Homeowner is the Intended Third Party Beneficiary to the contract between Fannie and servicers... and that means the right to sue yours.... (Continue reading)