Fighting Foreclosure Gaining More National Attention

There are a few in the legal business – I am not – that have been spearheading the fight against illegal foreclosures. As I have maintained – Two Wrongs Don’t Make A Right”. The law and the court system is supposed to serve ALL the people not just the few.

Our country is in the worst economic crisis – I believe ever – due to the proverbial Golden Rule, “He Who Has The Gold Rules.

One of the first attorneys to have entered the scene on behalf of homeowners and who pointed out the illegality of many foreclosures is April Charney of Jacksonville, Florida.

Todays post in the Mortgage Law Network – a blog by lawyers – praises Ms. Charney for her diligent work and effort. She is truly a leader and expert in foreclosure law. While more and more people are preaching the “show me the note” defense, she is teaching and succeeding in the No Standing defense which is truly the issue. Yes, some states, like Florida, require that the plaintiff – the party foreclosing – produce the original mortgage note to the court, the real issue is, do they have the “legal” right to be taking this action.

In addition to the link above to the article, I am reprinting it here.

April Charney and Jacksonville Area Legal Aid lead the fight against foreclosures

By Chip Parker, Jacksonville Consumer Attorney on Feb 19, 2009 in Foreclosure Defense

April Charney’s importance to this country cannot be over stated. Ms. Charney is not just a hero to the poorest members of our society, she is a mentor to many lawyers dedicated to protect the middle class, including me. Not only does she provide valuable guidance and training to any consumer attorney that asks, she is a media darling.

Ms. Charney’s honest opinion is never hard to find, which makes her the perfect vehicle for the sensationalizing press. She is sly like a fox and understands the importance of sound bites. Today, she and Legal Aid were profiled in the Florida Times Union, wherein she brought more attention to the ability of homeowners to stop their foreclosures.

In the article, she states, “These court interlopers might as well be wearing a ski mask and carrying an Uzi for as much right as they have to force homeowners out of their homes.” That’s good stuff! More importantly, these are words that give hope to frightened homeowners facing foreclosure.

What continues to puzzle me is that the South Florida foreclosure mills act as if foreclosure defense attorneys, including Ms. Charney, are one-trick ponies. Their misguided impression is that our entire defense is demanding that plaintiff’s produce the original note.

The production of the original note is the tip of the iceberg. In the years that I have been defending foreclosures, my firm has refined and redefined our litigation tactics while these foreclosure mills have remained stagnant.

What do these plaintiff lawyers think I’m doing while I wait for them to produce the note? I’m learning, designing and strategizing. I have plenty of cases pending where the original note has been produced, but the plaintiff is still no closer to a foreclosure.

The truth is that the defense of foreclosures is some of the most complex litigation known to the legal profession, and the best foreclosure defense attorneys do nothing but fight mortgage companies, whether in state court or bankruptcy court.

For example, the lawyers of Parker & DuFresne, P.A. have been recognized by our peers as one of the premier divorce litigation firms in the Jacksonville area. However, when we made the conscious decision to expand into the area of foreclosure defense, we stopped taking divorce cases altogether. We have even removed our divorce content from our web site.

The defense of foreclosures is serious business, and it is great to see my friend, April Charney, leading the way in the courts and in the press.

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  • Kelly L. Hansen  On August 19, 2009 at 1:50 AM

    I’ve had a few purportedly “original” notes in HORRIBLE SHAPE, obviously roughed up, and in my own synical point of view “created” to get past the note requirement.

    Does that ever concern you AND do you ever look further into the SEC filings and find where the note that is eventually “found” has also been bundled, securitized, sold, (liquidated) and now spends it’s days in a pool playing with thousands of other mortgage backed asset NOTES TURNED INTO STOCKS/CERTIFICATES ETC.

    This has happened and I need to know what the law is regarding securities/METLIFE claims assignment from First Horizon but Metlife is only the subservicer, and First Horizon sold it to First Horizon Asset Securities, so a subsidiary — still them, but legally a seperate entity.

    But, METLIFE is the one pushing legal action, claiming note ownership, and they aren’t even duly licensed in Kansas as either METLIFE HOME LOANS OR MET LIFE BANK, N.A.


  • L.Fitzgerald  On October 21, 2009 at 8:44 AM

    Thank you for your wonderful article . I just want to add to the victim’s defenses.

    The original note produced by these Gangsters, I mean Banksters.. are not always 100% authentic .

    The original note they present may have “your blue signature” on the document …but it may have fabricated by a 3rd party company that help the foeclosure mills prepare for the court. These companies prepare or fabricate documents that did not exist ..but now are there for the foreclosure.

    I have changed a black [ photo copier ] signature into a blue one and then printed it on a different document.

    Its simple if you have the right digital program . This means that you can not accept any document as authentic …because a blue signature can appear anywhere.

    Imagine if you can counterfeit a 100 dollor bill with some of the special printers out there , what makes you think these criminals bankers can’t color your signature .

    It’s a small investment for them . If they win they have a free house to sell.. 100 % profit.

    Its a tragic time we are living today..The Banks have declared an all out war against the Middle Class.

    I used to think Banks were honest ,and that they helped me
    with financing my Home ,Car, etc.

    Today I see them as enemy of the people .

    Thank you for your wonderful web site.

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