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The selection of an attorney is an important decision and should only be made after you have interviewed licensed attorneys familiar with investment banking, securities, property law, consumer law, mortgages, foreclosures, and collection procedures. This site is dedicated to providing those services directly or indirectly through attorneys seeking guidance or assistance in representing consumers and homeowners. We are available to any lawyer seeking assistance anywhere in the country, U.S. possessions and territories. Neil Garfield is a licensed member of the Florida Bar and is qualified to appear as an expert witness or litigator in in several states including the district of Columbia. The information on this blog is general information and should NEVER be considered to be advice on one specific case. Consultation with a licensed attorney is required in this highly complex field.
Tallahassee, Florida. Memorial Day. GARFIELD, GWALTNEY, KELLEY AND WHITE has announced that any person who was or is in active military service — uniform or civilian — who has been the victim of wrongful foreclosure will be represented without payment or fees or costs. Federal Law prohibits such action until the person is out of active combat service. Thus all such foreclosure actions are wrongful regardless of the circumstances. Yet the Banks continue to violate this law with impunity, except for some minor settlements on those few foreclosures where they were caught red-handed.
This is my law firm, along with three very able partners with whom I am proud to join as partners — William Gwaltney, Danielle Kelley and Ian White — all veterans of the foreclosure wars and all licensed in Florida and admitted to the Federal Northern District and Central District. I am admitted to the Southern District and Bankruptcy Bar in the Southern District.
Over a million people as uniformed service and civilian contractors assigned to combat zones fall into the category of people against whom no action should be taken. While they risk life and limb and their sanity for this country the law prohibiting legal actions against them and their families is the obvious right thing to do, it is the law of the land, and the violation of it should be enforced aggressively. Most people in service are unaware they have this protection and when they receive a notice of foreclosure they think there is nothing they can do about it.
Anecdotal evidence across the country suggests that a majority of judges are unaware of this protection for the military and have summarily disregarded the law even when it is brought to their attention.
It is our firm’s position that it is the duty of every member of the Bar to offer this service which is easy to do and requires very little time. We would a happy to assist other attorneys, after they done the basic research, in enforcing this law and preventing the foreclosure of homes while some man or woman is ducking bullets and mortars and IED’s abroad.
The offer extends to all those who were or are in combat zones against whom foreclosure proceedings were commenced. It covers only stopping the foreclosure and does not cover any other defenses dozens of which have been detailed on this blog. The probability is that the debt has long since been paid off by co-obligors you knew nothing about — information that was illegally withheld from you at he loan closing.
The firm reserves the right to review all potential cases to determine whether the case qualifies for this offer — but all cases that DO qualify will be accepted. Veterans and active duty soldiers and civilians in and out of combat zones have many remedies that are unknown to them. We are not experts in all aspects of military law or civilian laws that protect active combat personnel. But we know about this one and we are going to do something about it.
OUR FIRM MISSION IS JUSTICE: To stop foreclosures and get compensation that is truly adequate for those who were tricked into fake mortgages or tricked into fake foreclosures.
OUR FIRM STRATEGY IS TO REVEAL THE TRUTH: To provide the highest level of legal services to the most people who have been defrauded, tricked and fooled into thinking they had attending a bona fide loan closing and who have been defrauded, tracked and fooled into thinking they deserve to have their home foreclosed. Most people think the loan closing was bona fide because the money showed up. They are most probably wrong. Most people think that they are in default because they know they stopped paying the servicer claiming rights to collect on their account. They too are most probably wrong.
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20 thoughts on “TALLAHASSEE LAW FIRM OFFERS PRO BONO SERVICE TO MILITARY PEOPLE IN ACTIVE COMBAT SERVICE”
I am a disabled combat veteran. I contribute monthly to Living Lies. I need representation in Osceola County for a Countrywide lost note that as robosigned by BOA. I need to hire Neil.
Stanley Putra.
http://truth-out.org/news/item/16631-housing-crisis-continues-government-favors-banks-over-people
Speechless ….. http://www.latimes.com/business/la-fi-fannie-mae-kickbacks-20130525,0,6280041.story
@All, the case I posted below is an example of what I have been talking about. The Real Harm sets in when you go to sell or transfer title … without warranty. No Warranty means No Sale! You must take legal action (lengthy and costly) to clear the title .. YOU NEED A COURT ORDER.
@KC
Yup—just transfers of “collection rights” ONLY—over and over…just like ANONYMOUS has been saying for years.
SALE STOPPED BY TRO IN TENNESSEE ON CASE WITH LACK OF ASSIGNMENTS, MULTIPLE ALLGED OWNERS OF THE NOTE
http://foreclosuredefensenationwide.com/?p=509
May 15, 2013A Wilson County, Tennessee Circuit Judge has ordered that a threatened non-judicial Trustee’s Sale instituted by Bank of America is to be stopped. The homeowner is represented by Jeff Barnes, Esq. and local TN counsel John Higgins, Esq. Mr. Barnes prepared the Complaint, Affidavit, Motion, and proposed Findings of Fact and Conclusions of Law required by Tennessee law. Mr. Higgins argued the matter before the Court. Mr. Barnes will now seek admission to the case pro hac vice through Mr. Higgins.The Note and Deed of Trust was originated by a local Tennessee bank. The servicing (only) was later transferred to an “investor’s group” entity which demanded payments, which were made by the homeowner. Countrywide (CTW) thereafter sent a letter to the homeowner alleging that the loan itself was transferred from the “investor’s group” to CTW, although there was never any evidence that the loan itself had been transferred from the originating lender to the “investor’s group” to begin with.The homeowner was notified 3 years later that the owner of the loan was Fannie Mae, although no documents evidencing this purported transfer to Fannie were provided to the homeowner.
A few months later, BOA scheduled a Substitute Trustee’s Sale by notice in which it claimed that BOA was the “holder” of the Note, although BOA failed to provide any documentation to the homeowner evidencing a transfer from Fannie to BOA or evidence of authority from Fannie to BOA to do anything. This, of course, is on top of the lack of documentation showing that the loan was ever transferred to the “investor’s group” which then allegedly transferred it to CTW, and there is no evidence of any transfer of anything from CTW to anyone. To make matters more complicated, BOA claimed that the homeowner was in default in an amount which failed to account for the homeowner’s prior payments to the “investor’s group”, and BOA has failed to provide an accounting of such payments. Thus, the Complaint also makes a demand for this accounting.This case illustrates a general pattern we are seeing in current foreclosure cases: multiple alleged transfers of mortgage loans and/or servicing rights with no or conflicting information; allegations in documents which are unsupported; and attempts by downline purported successors to enforce Notes which they have not proven they have any rights to. Thankfully, more and more courts are starting to recognize this problem, and certain states have enacted procedural rules which require sworn affidavits from a foreclosing party as to proof of ownership or the right to enforce the Note before a foreclosure has been filed. We have been made aware that more such changes are coming in other states and courts as well.About time.Jeff Barnes, Esq.,
KC- BOA took over CW because they could not allow the truth to surface. Same with Bear Stearns and JPMorganChase. And all the Other ‘mergers’. Unless they were imbeciles there were no reasons for these ‘mergers’. And you can take that to the bank.
KC your on the money, I believe that WaMu, IndyMac an Countrywide are three pea in a pot, and the great picture that stripes talks about has legs in these three outside banks.
Did they funnel money into the clowns knowing that clown act like clown no matter what they do because they are clowns. So we target these banks and they will target these people, they will have CEO in due time that think they as smart or smarter than the New York bank’s superstars but the Community college degree is no match for the rob them and how business school of Harvard.
So these clowns are thinking we will create these financial products in adjustable rates, 80/20 and pick a freaking payment, and then we sell this crap to Wall Street, and we will beat them at there own game.
Now when Wall Street got these clown overextended and addicted to the money, Goldman Sachs step in with John Paulson and puts the fix in with the CDO, insisting on the WaMu owned Longbeach that got the worst perform loans that would heat of hell if sold there.
So are Goldman and Paulson create and sell this dog they run across the street to Casino AIG and push it all in on the dog to die, and purchase the CDS, because the know the Trojan Horse is the Longbeach loan Paulson insisted on being in the CDOs!
So I figure that early on Ginnie Mae knew the windfall they had when not right away having a HAMP version of the FHA & VA, and with Obama placing blame on “people living outside their means” was perfect because now these small $100,000 fixed rate loan were made to look as it they were subprime loan also, and the public turn on these $900 payment into the imaginary million dollar house a janitor tricked the bank into financing.
I don’t think Obama actual knew because he not one for detail when it involves the poor, as I think her suffers from self hate. So now we have to wait until the latest I found out Friday on the cable news what Ginnie Mae been doing!
You know … the same position BOA was in by absorbing CW instead of putting them in BK. Lets say CW defaults judicial loan files false claims and collects from the borrower. Then BAC comes into the picture and realizes the loan is performing and intentionally keeps it in default to keep from repaying the ins CW collected and BAC absorbed. Any comments?
Charles .. you said ” What better reason to foreclose if your getting paid the full 30yr P&I payment up front without the loan existing the full period of the 30yrs.”? I would like to add …. What better reason to keep the account in a default (even after reinstatement) …. if you had to pay back that ins money?
carie I do have proof of your claim that the monies where paid by insurance claims as Wells Fargo has that about listed on the customer financial account sheet. $211,000 was paid along with the $191,700 for the foreclose proceeds and $25,700 a few month later in the VA Guaranty Fund pay out.
What better reason to foreclose if your getting paid the full 30yr P&I payment up front without the loan existing the full period of the 30yrs.
“OUR FIRM MISSION IS JUSTICE: To stop foreclosures and get compensation that is truly adequate for those who were tricked into fake mortgages or tricked into fake foreclosures.”
Right on, Neil…”FAKE” is right:
“…the debt was already paid out by insurance BEFORE the collection rights (only) ever made it to the trust.
People with much debt were targeted. Easy to put GSE loan in default — no one would appear to question. Subprime are loans in which only servicing/collection rights were transferred. They were NOT actual mortgages, because the debt was already charged off. Collection rights do not have to be funded. All you get is a servicer — there is no lender — there is no creditor. Of course, they needed someone to foreclose, and naming servicer largely does not work in court. So they started naming the trusts that pass through cash payments to security investors in collection rights. Problem is — these trusts were never the lender, never the creditor.”
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My husband served in the Air Force and his father served in the Korean war, and his grandfather served in WW1, WW2, and Korea—he was a Naval Air Commander 06. My father served in the Army.
Whether you are a “believer” or not, please say a little prayer today for those who sacrificed.
Bless you all.
Glad to see the Government cut itself and the blood is in the water!
Proud of you brother but without the realization that treble damage is on the table and these are federal case Neil and his posse would not be able to do the work.
However I hope that it not long after that Neil and the Foreclosure Gang are able to understand not only that actively combat soldier, but every VA loan was foreclosed illegally, if it was in a Ginnie Mae MBS pool, which is over 95% of the loans and 50,000 foreclosed VA loan over the 2009-2010 time frame.
As in my case first Wells Fargo claimed to the court that they were the “holder in due course” and submitted documentation to the fact to the court. Now after I demanded and received a current copy of the Note after the foreclosure over 1 1/2yr later, there no entry where Wells Fargo was endorsed the Note a fact I knew before I ask the question.
After getting caught Wells Fargo wrote and said my bag, Ginnie Mae was the lien holder and we were working for Ginnie Mae as the mortgage servicer, master servicer, trustee, custodian and candle stick maker. However these clown don’t seem to get it that the same blank Note that made them confess, also proves without a doubt that Ginnie Mae was also not the lien holder!
Once the curtain is pulled back and it just a Kansas Professor behind it, and not the Oz, we can get on to recovering all the peoples money plus treble damage!
May G-d give Keep you strong and healthy.
NEVER AGAIN
God Bless You and the Others Neil. Best Wishes to You All!
Good show Neil and company. Hats off to all of you.
Bravo Neil et al- especially poignant on Memorial Day. While I am grateful for and respectful of the sacrifices of all those in active or civilian military capacity, I am not sure that everyone is. My parents both served in WWII, my father under Patton, including the Bulge, and my mother for the British war effort. So I have an affinity for those in uniform. Good luck in your efforts, the truth shall prevail.