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The Status Quo Woe’s of Foreclosure Defense and What the People Need to Succeed!
| July 13, 2015

DISCLAIMER: THE CONTENT IN THIS BLOG IS FOR INFORMATION PURPOSES ONLY AND IS NOT TO BE MISCONSTRUED AS LEGAL ADVICE! Anthony Martinez is a Litigation Discovery Expert, Consultant and Strategist. Neither Anthony Martinez nor his firm AMA engage in the practice of law and only provide Case Management Consulting (“CMC”) and Legal Process Outsourcing Services (“LPO”) to licensed practicing attorneys. AMA will provide public information only and will not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies.  If you are not an attorney, AMA encourages you to consult with a licensed attorney in your area regarding the statements made in this blog and the use thereof.

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Eight years into this dedicated battle I’ve watched a constant – the submission of false, misleading and/or fabricated paperwork and documents to create standing where none exists.  The result of that has been the demise of foreclosure mill firms like Stern, Ezra, Watson and a few smaller name brands that have come and go like Butler & Hosch etc.  And although the partners that never signed or submitted a pleading have been disciplined or disbarred, or couldn’t maintain their business mode, the reality is, all those little dark side minions have transferred to other foreclosure mill firms and continue to use the same bogus MERS assignments etc.  Of course the newest focus is on Robo-Witness – a pattern of false, misleading and fraudulent testimony designed to circumvent the rules of evidence and hearsay with the hearsay business record exception rule.

Strangely enough, with all the fraud and fabrication still in effect, that’s not what hurts the people faced with foreclosure the most.  Unfortunately, it’s the bias of the courts which has created an uneven bar that prejudices the people named as defendants in unlawful foreclosure cases.

There are many judges that will dispose of cases on the merits and apply the law appropriately however, there are still a great many judges that still lend a blind eye to the rightful application of the law, these fabricated documents and the rules of evidence. 

So the status quo still remains – you’re a deadbeat who is trying to get your home free and clear by defending this foreclosure action.

To add insult to injury we also have the mounting problem of terrible foreclosure defense representation.  I’ve watched the people go before the court and request time to find new counsel or watch a judge question why a Miami attorney is representing a Sarasota resident or why a Tampa attorney is representing a Miami resident.  The answer is simple.  Although there are over 95,000 registered attorneys in the State of Florida many of which offer foreclosure defense, none of them are very good or more importantly, none of them are very successful in front of bias judges or overcoming the status quo.  When it is pointed out to a bias judge why one would ever hire a local attorney when the judge generously rules always in favor of the Plaintiff and hardly never if not ever in favor of the defense, most bias judges pause, laugh, snicker, smirk and flat out deny such a bias exists.

Lately a new trend has arisen making it even more difficult for the people.  Some of the foreclosure defense attorneys worth a dime will only accept the easy case.  They want that winning poker hand every time. 

That is, they want only that case where all the issues have been properly preserved; where no default has occurred; where a judgment hasn’t been entered or the case that blatantly falls within the pattern of the common Paragraph 22 or Standing at Inception argument.  I share a raised eyebrow to these attorneys because whether or not they admit it or even see it, they are still slaves to the status quo and forget their job in part is to change the status quo and bring equal application of the law to the courts attention.  Unfortunately these attorneys remain stuck in their “experience” that the court does not favor untying the knot – the people are only trying to delay the inevitable.  Let me tell you that ANY ATTORNEY and I mean ANY ATTORNEY that is willing to take your money and feels you are trying to delay let alone delay the inevitable is neither an attorney that will champion your cause or an advocate of playing his or her part in changing the status quo.

They are likely tail coat riders of the Mark Stopa’s or Mat Weidner’s or other Blog writers and litigators that actually bring the real bit to the oppositions doorstep and don’t fear championing the law as it should be applied to any judge bias, indifferent or otherwise.

Let’s face it, any attorney that can look at a foreclosure case wherein the note was transferred into the secondary market and  not be creative enough to identify the note was transferred after the purported default and is not the holder of a negotiable instrument under UCC 3 but instead is a holder under UCC 9 and must prove up each transfer in the chain as a rebuttal to 673.3011 is questionable.  Any attorney that can’t use 559.715 as a vehicle to address the transfer of ownership requirements and the transfer thereof as a means to negate the 673.3011 argument “hey I’m the holder of the note endorsed in blank that’s all that matters” and get meaningful discovery answers related to consideration and accurate transfer paperwork, is questionable.

The reality is – and it’s really unfortunate – there are not enough attorney’s willing to genuinely go up against the notion that well over 90% of the loans foreclosed on are the product of old ownership, shady, false, misleading and fraudulent paperwork and facts and the party bringing the foreclosure action is not the party to whom the debt is owed to. 

Quite frankly I’m very surprised the judges have not figured out these foreclosure actions are all brought by purported servicers of alleged owners who own nothing and actually have no role whatsoever in the foreclosure action.  I mean how often do you see a real representative of Deutsche Bank or BONY actually file something in a foreclosure case or show up to a hearing and testify?

I’ve always said – if I sued someone for owning me $500,000 for a loan I provided the Court would immediately ask me to show a cancelled check or some other proof I loaned the money aside from a note or other created paperwork designed to establish the debt or enforcement thereof.

I enjoy training foreclosure defense attorneys so I will put this out there again as a service for the people by the people.  If you are a foreclosure defense attorney that can put your ego to the side and are willing to learn how to successfully raise the right arguments that are not only the standard run of the mill defenses but game changers that are directed at changing the status quo.  If you are a foreclosure defense attorney that is interested is perfecting a litigation style that is effective and will separate you from every other foreclosure defense attorney.  If you are a foreclosure defense attorney that is open minded enough to move away from the current status quo and are willing to champion the fight against unlawful foreclosure.  Call me or email me directly.  I WILL CONSULT AND TRAIN WITH YOU FOR FREE AND WILL GIVE YOU ALL OF THE WINNING TOOLS TO COMPETE AND CHANGE THIS FORECLOSURE DILEMMA!  I WILL MAKE YOU A FORCE TO BE RECKONED WITH IN FORECLOSURE DEFENSE LITIGATION!  All you need to do is email me or pick up the phone and call.  But only do so if you truly want to win and impact unlawful foreclosure.  Even attorneys looking to jump ship and come to the light side of the force looking to start their own foreclosure defense practice are welcomed to reach out.

-Anthony Martinez

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