BEWARE OCWEN

December 26, 2017

We are issuing a caution to any homeowner who is dealing with Ocwen Loan Servicing LLC in connection with a loan modification application. In several cases we have involving Ocwen and loan mods, Ocwen has proven, in writing, that it has lied as to receipt of both loan mod applications and trial mod payments, apparently in an effort to manufacture a “default” to permit a foreclosure to proceed.

Most states presently have a mechanism which prevents “dual-tracking”: that is, permitting a foreclosure to proceed while a loan mod application is pending. The procedure, either by statute or rule or court procedure, prevents a foreclosure case from continuing while a loan mod application is being processed.

In one case where Mr. Barnes is representing the homeowner, Ocwen approved a trial modification and the borrowers have been sending in the trial mod payments by Fedex with a signature required upon receipt. Although Ocwen signed for and accepted the client’s December, 2017 trial mod payment, Ocwen sent the client a statement DENYING RECEIPT OF THE DECEMBER PAYMENT AND THREATENING A DEFAULT.

In another series of cases where Mr. Barnes is representing the owner of contiguous properties both involving Ocwen as the servicer, Ocwen signed for and accepted the client’s loan mod package, yet has told its attorney that it HAS NOT RECEIVED THE PACKAGE AND THE ATTORNEY IS REFUSING TO STOP THE FORECLOSURE CASE.

It has been widely posted and is public knowledge that Ocwen has been cited for numerous fraudulent foreclosure practices and has had to pay millions of dollars in fines in connection with its wrongful conduct. The two examples above prove that Ocwen has learned nothing, and will continue to commit fraud with the apparent goal of assisting its clients (including securitized mortgage loan trusts) in stealing homes, with the fines assessed against Ocwen being nothing more than a “cost of doing business”.

The bottom line is that if you are dealing with Ocwen on a loan mod, YOU MUST DOCUMENT EVERYTHING; HAVE EVERYTHING SIGNED FOR BY OCWEN; AND KEEP SCRUPULOUS DOCUMENTATION AS TO EVERY EVENT, as you are dealing with what numerous people have already suggested to us to be a criminal enterprise which engages in lying and misrepresentation for what appears to be the intent of stealing homes under fraudulent pretenses.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

BANK CONDUCT APPROACHING THE SURREAL AND UNCONSCIONABLE

December 17, 2017

Mr. Barnes has recently been retained in a case where a known foreclosure mill foreclosed on the client’s property in a lawsuit which was filed against a different borrower. The mill put the wrong legal description into the foreclosure case (that of the client, and not the named homeowner defendant), and the client’s home was sold to the Bank of New York as securitization trustee after a “default”, which the client obviously knew nothing about as she was not named as a Defendant in the case. The foreclosure mill refused to correct the mistake. Mr. Barnes is thus initiating litigation against the foreclosure mill and its client (Bank of New York as a securitization trustee) for quiet title and significant damages.

In a separate case, Citibank as the securitization trustee had, since 2014, claimed to be the “holder” of the clients’ Note and Deed of Trust, and substituted itself in to the foreclosure case. Although the party which was substituted out (U.S. Bank as securitization trustee) submitted a credit bid at the sale, Citibank purchased the property and was issued a trustee’s deed and certificate of purchase and thereafter initiated eviction proceedings which Mr. Barnes has consolidated into a separate foreclosure challenge case which he had previously filed.

Mr. Barnes took the deposition of Citibank’s designated representative (from Ocwen), who testified under oath that Citibank NEVER had ANY interest in the loan; should not have filed the foreclosure case or the eviction case, and that the loan was never, ever, placed into a Citibank securitization trust. Mr. Barnes has filed an action to this reverse the entire foreclosure and for damages against Citibank.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

FREE FORECLOSURE SEMINAR IN BROOKLYN, NEW YORK ON FOR THIS FRIDAY, DECEMBER 1, 2017

November 28, 2017

Mr. Barnes’ free foreclosure seminar will take place this Friday, December 1, 2017 in Brooklyn, New York as we previously posted. The seminar will begin at 5:00 p.m. and run until 7:00 p.m. The start time was chosen so that it would not interrupt with the normal workday.

The location is 16 Court Street, 7th Floor, Suite 711, Room 2 in Brooklyn. To enter the building, enter 16 Court and show your identification to the receptionist. Take the elevator to the 7th Floor. Turn right as you exit the elevators. Suite 711 will be on your right.

Written materials will be distributed to those who confirm that they will attend. We ask that those who plan to attend to e-mail us at jeff@wjbarneslaw.com so that we may prepare the appropriate number of materials packets.

Additional details as to directions, space, and the door code can be found at https://brt.hr/r/SAVQmlwbCVM.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

VICTORY ON APPEAL IN FLORIDA ON PARAGRAPH 22 DEFENSE AND PLAINTIFF’S FAILURE OF PROOF

November 22, 2017

Today, the Florida Second District Court of Appeal affirmed a Final Judgment in favor of the homeowner which was entered after a full trial. Jeff Barnes, Esq. represented the homeowner at trial and in the appeal.

The loan was originated by WaMu, and was then allegedly transferred to JPMorgan Chase and later to multiple LLCs, ending with Ventures Trust 2013-I-NH by MCM Capital Partners. At trial, Ventures attempted to introduce an “acceleration letter” on the letterhead of WaMu dated seven (7) months after WaMu had filed for bankruptcy. Ventures’ sole trial witness presented no evidence as to how WaMu could have generated the subject letter given the bankruptcy.

After trial, the Court took the matter under advisement and later entered Final Judgment in favor of the homeowner on his “paragraph 22” defense (as to the failure of proof given the suspect acceleration letter). Ventures appealed. The Florida Second District Court of Appeal today issued a per curiam affirmance of the Final Judgment.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

NEW BRANCH OFFICE ADDED IN SOUTHEASTERN TENNESSEE

November 14, 2017

Mr. Barnes and local Tennessee counsel Andrew Farmer, Esq. have today entered into a branch office relationship whereby W. J. Barnes, P.A. now has a branch office in Sevierville, Tennessee with Mr. Farmer, who is a multi-term Tennessee state representative. The office, located at 121 Court Avenue in Sevierville, will handle foreclosure cases anywhere in the State of Tennessee.

Mr. Barnes and Mr. Farmer have worked together since 2010 on foreclosure cases in Tennessee. Mr. Farmer’s office is approximately 45 minutes SE of Knoxville. Foreclosure victims anywhere in Tennessee may thus contact Mr. Farmer’s office directly, or inquire via the “Contact Us” link on this website.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

BROOKLYN FREE FORECLOSURE SEMINAR CONFIRMED FOR DECEMBER 1, 2017

October 30, 2017

The time and location for FDN’s free foreclosure seminar in Brooklyn, New York for December 1, 2017 has been confirmed. Due to requests, the seminar will begin at 5 p.m. and conclude at 7 p.m. (we have had requests to begin the seminar after hours due to working hours of interested persons). The seminar will consist of approximately 75 minutes of presentation, with the remaining time set aside for Q&A.

The seminar will be held at 16 Court Street, Suite 711 (7th Floor), Room 2 in Brooklyn, New York. We ask that anyone planning to attend to contact us through the “Contact Us” link so that we may prepare the appropriate number of written materials packets, as we do not plan to have too many extra packets at the door for “walk-ins”.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

BROOKLYN, NEW YORK FREE SEMINAR BEING MOVED TO DECEMBER 1, 2017; LONG ISLAND SEMINAR ON FOR TUESDAY, NOVEMBER 7, 2017

October 30, 2017

FDN’s free seminar which we had planned to hold on Monday, November 6, 2017 is being moved to December 1, 2017 as Mr. Barnes’ court hearing on November 6 has been moved, by the court, to the afternoon that day. The location will be announced by a separate post.

The free seminar scheduled for Tuesday, November 7, 2017 is on and will be held from 3:00 p.m. to 5:00 p.m. at the 1325 Franklin Avenue complex, Suite 325/225 (to be selected by the facility), Garden City, New York. The suites are in the same building.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

FORECLOSURE SEMINAR SET FOR TUESDAY, NOVEMBER 7, 2017 ON LONG ISLAND; JEFF BARNES, ESQ. ADMITTED TO SEVERAL NEW COURTS

October 26, 2017

The location for the free 2-hour foreclosure seminar on Tuesday, November 7, 2017 in Long Island has been secured. It will be held at the 1325 Franklin Avenue complex, Suites 325 and 225, in Garden City, New York (which is across the street, to the west, from the Nassau County Supreme Court building). The seminar will begin at 3:00 p.m. and conclude at 5:00 p.m. which includes a Q&A session.

For those who plan to attend, please send us an e-mail at jeff@wjbarneslaw.com so that we may prepare the appropriate number of written materials packets. We look forward to seeing you there.

Separately, this week Jeff Barnes, Esq. has been admitted to practice before the United States District Court for the Eastern District of Pennsylvania and the Washington State Court of Appeals, and is awaiting confirmation of his admission to several New York courts as well.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

IMPORTANT INFORMATION FOR NEW YORK FORECLOSURE CASES RE: RULE CHANGES TO CPLR 3408(f)

October 18, 2017

New York foreclosure cases have, as part of the litigation process, a procedure known as “Resolution Part” pursuant to CPLR sec. 3408(f) which requires all parties to attend meetings to attempt to resolve the case without further litigation. Although these meetings are often held very early on (with no discovery having been done in many cases), they are necessary, and there are often multiple sessions as additional information or documentation may be required, and/or not all issues are resolved at the first or at any one meeting. In fact, at one of these meetings, the Referee told us that in some cases there had been 12, 16, and up to 21 of these meetings in a single case.

In a recent case which we settled, it took three (3) meetings to finally force the servicer to honor a prior agreement to modify a loan. The prior foreclosure Firm (a known foreclosure mill) withdrew from the case, but never submitted the paperwork as to the approved loan mod to the homeowner before they withdrew. The servicer, through its new Firm which was retained some time after the prior Firm withdrew, attempted to welsh on the prior agreement claiming that the homeowner had not timely submitted the signed paperwork back to the servicer. As a result of our filings and the documented fault of the prior law Firm, the Resolution Part Referee forced the servicer to accept the previously approved loan mod.

In prior years, it was not necessary to have an Answer filed to a foreclosure lawsuit while efforts were made in Resolution Part to settle the case. As such, certain cases went on for years without an Answer being filed and without a default being sought, thus delaying the case from being set for trial. There have been rule changes to CPLR 3408(f) which now require the Referee to advise the homeowner(s), at the first Resolution Part meeting, that they must file an Answer to the foreclosure lawsuit within thirty (30) days, and if this is not done, a default may be entered against the homeowner. This change was in obvious response to the court situation where cases dragged on for years without even an Answer being filed, thus preventing the case from being set for trial and thus not advanced.

SO, for those in New York who are in foreclosure, be aware of this rule change, and make sure that an attorney files the proper Answer to the foreclosure lawsuit timely.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com