Main Contents

FORECLOSURE DEFENSE NATIONWIDE ATTORNEY JEFF BARNES, ESQ. ADMITTED PRO HAC VICE IN FORECLOSURE DEFENSE CASES IN TARRANT COUNTY (DALLAS) TEXAS; HAWAII FIRST CIRCUIT (OAHU); AND FLATHEAD COUNTY, MONTANA

November 12, 2009

November 12, 2009

By court-required personal appearances in Honolulu, Hawaii on November 9, 2009 and Dallas, Texas on November 11, 2009, FDN attorney Jeff Barnes, Esq. has been admitted to practice before the courts in those jurisdictions pro hac vice, which means for purposes of a specific foreclosure defense case in those jurisdictions. Mr. Barnes [...]

Filed under: Uncategorized | Comments (0)

CIVIL PROCEDURE 101: SERVING A DISCOVERY REQUEST IS NOT LEGALLY A “RESPONSE” TO A COMPLAINT FOR FORECLOSURE AND PROVIDES NO FORECLOSURE DEFENSE TO THE COMPLAINT

November 10, 2009

November 10, 2009

A recent series of cases have come to us where pro se borrowers have been served with a Complaint for foreclosure and in alleged “response” thereto have done nothing but file a discovery request (most commonly a Request for Production of Documents), and where the borrower is perplexed because a default has [...]

Filed under: Uncategorized | Comments (1)

DUE PROCESS FOR CERTAIN VICTIMS OF FORECLOSURE IN IOWA: STATE LAW PERMITS RETRIAL OF UNDERLYING FORECLOSURE CASE AS A MATTER OF RIGHT WHERE ONLY SERVICE OF COMPLAINT WAS BY PUBLICATION

November 5, 2009

In what appears to be a procedure unique to the State of Iowa (at least as far as we have seen), Iowa state law permits a borrower who has suffered a foreclosure, when the sole method of service of the foreclosure Complaint was by publication, to demand and be entitled to a retrial of the [...]

Filed under: Uncategorized | Comments (0)

FDN WELCOMES LOCAL COUNSEL IN DALLAS, TEXAS AND SOUTHERN WISCONSIN AREAS FOR FORECLOSURE DEFENSE CASES; ADDITION INCREASES FDN AFFILIATED LAW FIRMS TO 22 IN 22 DIFFERENT STATES

November 5, 2009

As we recently advised, less than two years ago FDN had one local counsel in one state. Today, the number has now increased to 22.

We welcome William M. Stevens, Esq. as our affiliated local counsel for the Dallas, Texas area, and Michael Maxwell, Esq. as our affiliated local counsel for Southern Wisconsin. Both [...]

Filed under: Uncategorized | Comments (1)

MERS Scandal Exposed and Explained

November 3, 2009

Courtesy of Joe Bisogno of Loan Compliance Advisory Group.

So can anyone guess the name of “organization” that was formed by Countrywide’s, Anthony Mozillo and Fannie Mae’s, James Johnson ten years ago it start with an M? No not the Mafia. It’s Mortgage Electronic Registration Systems Inc. commonly referred to as MERS. Yes that’s right Countrywide [...]

Filed under: Uncategorized | Comments (0)

Mortgage debt waived after bank can’t find paperwork

November 3, 2009

Martha C. White
Oct 27th 2009

Score: Little guy, 1; bank, 0. It’s a nice change.
Two weeks ago, a bankruptcy court in suburban New York did the formerly unthinkable: It waived a homeowner’s mortgage debt after the bank trying to foreclose on the home couldn’t submit any proof that it actually had a claim on [...]

Filed under: Uncategorized | Comments (1)

NY Times Article: If Lenders Say ‘The Dog Ate Your Mortgage’

November 3, 2009

October 25, 2009
Fair Game

By GRETCHEN MORGENSON
FOR decades, when troubled homeowners and banks battled over delinquent mortgages, it wasn’t a contest. Homes went into foreclosure, and lenders took control of the property.
On top of that, courts rubber-stamped the array of foreclosure charges that lenders heaped onto borrowers and took banks at their word when the lenders [...]

Filed under: Uncategorized | Comments (1)