Here’s Proof that A Talented Attorney Can Beat the Stuffing out of a Crooked Mortgage Lender
10 July 2014 by Bob Hurt. 727 669 5511. http://bobhurt.com. Okay to distribute this freely.
The Beauty of Brown v Quicken Loans
The outcome of the Brown v Quicken Loans case gives hope to all mortgage victims and should embarrass all Foreclosure Pretense Defense Attorneys. This compilation shows the public and the legal community HOW TO BEAT THE ABUSIVE MORTGAGE LENDER and obtain a nearly $5 million judgment. I challenge every Mortgagor to READ the above-linked document COMPLETELY.
Hats off to Jim Bordas and Jason Causey of Bordas & Bordas Law firm, Wheeling WV, for engineering the defeat of Quicken Loans and using the LAW to bludgeon them into submission. I expect the final opinion in Quicken’s second appeal from the WV Supreme Court soon.
The Key to Winning – Attack the Mortgage, NOT the Foreclosure.
How did the Bordas team win? They examined the mortgage and discovered a horror story of criminal and civil abuses by lender Quicken Loans. Quicken made the loan so toxic they couldn’t sell or securitize it.
Quicken refused to offer Brown a reasonable settlement, so Bordas sued, and won a whopping $2+ million judgment. Quicken appealed, the Supreme Court of WV remanded, the trial court upped the judgment to nearly $5 million. Quicken appealed again, and the Supreme Court of WV will soon end the case with a final opinion against Quicken.
What lesson shall we learn from this? Just this… If you face foreclosure, you need a comprehensive mortgage examination to prove the causes of action against the lender, and you need a lawyer willing and able to attack the mortgage, not merely defend against the foreclosure.
If your lawyer won’t seek and find the causes of action underlying your mortgage and then attack the lender on that basis, you need to FIRE that attorney. Don’t rest until you have found a competent litigator like Jim Bordas.
Legal Malpractice Lawsuit Opportunities for Foreclosure Victims
If you have already lost your home to foreclosure AND you had a lawyer helping you who FAILED to seek causes of action or to attack on that basis, you may have a valid legal malpractice claim against that attorney. Call me at 727 669 5511 to discuss your issues.
Step-by-Step Plan for Coming Out Ahead
In order to save your home from foreclosure, or become able to negotiate a cram-down of the loan balance (and other favorable terms), or to sue the lender for injuring you, you must do one thing first:
- HIRE A COMPETENT MORTGAGE EXAMINER OR ATTORNEY to examine your mortgage and find all the causes of action.
Of course, a good mortgage examiner will charge you a fraction of what the lawyer will charge, IF you can find an examiner or lawyer with the requisite competence. Which worries me. Which is why I have gone to the trouble of writing this message.
Read http://MortgageAttack.com then call 727 669 5511 for more info. I know the only competent professional mortgage examiner in America.
What? You want to know steps 2 and 3? Okay, I’ll give you the other steps…
- If the examination report reveals causes of action (torts, breaches, legal errors) against the lender or lender’s agents (title company, mortgage broker, appraiser, servicer)…
- Notify the servicer and then attempt to negotiate a settlement. I suggest finding a “CLOSER” type of lawyer to negotiate for you. I suggest a “loan mod” type of settlement where the lender lowers the balance to the present market value, gives a favorable fixed interest rate, sets the term for 30 years, no prepayment penalty, assumable, no balloon, forgive arrears and legal fees/costs. If this fails…
- Sue via complaint, counter complaint, cross complaint as necessary. I suggest hiring a COMPETENT lawyer (not a foreclosure pretender defender) for this purpose. If possible, find one to take your case on contingency. The lawyer will use the causes of action from the mortgage examination report to formulate the pleading.
- Go to next step if you have no money or no causes of action.
DO NOT let your home go to foreclosure final judgment. If you do, it will haunt your credit record for 10 years AND (depending on your state) leave you owing a huge deficiency judgment when the auction does not bring enough money to discharge your debt. Instead, try to work with the lender to do one of these:
- Short-Sale: Bank agrees that you may sell the house at a discounted price in order to end the foreclosure, and hand over all the proceeds from the sale to the bank. This imposes some work and stress on you, but if you have equity in the house (it has higher resale value than you owe on the mortgage note), this should be your first choice
- Keys-for-Cash: Bank pays you cash ($2,000 to $20,000, depending on the value of the home) to move out, leave the home broom clean, and deed the property to the bank. This can save a huge litigation cost for the bank, and make leaving the property less stressful for you. Sometimes a mortgage examination can reveal weak causes of action that can pressure the bank to give you a Keys-for-Cash deal.
- Deed-in-Lieu-of-Foreclosure: Same as Keys-for-Cash, except the bank gives you no cash.
Take the Right Action – Contact Me NOW
Okay, I have given you the proof that you can beat your abusive lender, and I have shown you the strategic plan for doing so. If you simply refuse to do what I have outlined above, then you really deserve to lose your home to foreclosure, or to make underwater loan payments. But if you feel READY TO ACT SENSIBLY, contact me immediately for help.
And if you don’t need help, SOMEBODY you know DOES. Pass on this message and encourage your friends, associates, family members, loved ones to call me or write me for help. And send them to http://MortgageAttack.com for an education on the issues.
No, I have no authorization to practice law or give legal advice, so I refrain from both. But I’ll discuss the academic and strategic business aspects of your situation as necessary.
Yes, if you fit into the category of “Foreclosure Pretender Defender,” you can contact me too, and I’ll help you the best I can. Believe it or not, training for kool-aid drinkers like you has become available. Sorry, no CLE credits.
AND… I don’t charge money for giving business guidance. So, what do you have to lose? Give me a call.