May 16, 2016
We received the following accolade last Friday night, which was directed to Mr. Barnes:“I want you to know that not bringing you into this fight is like someone knowingly committing suicide rather than standing up and fight. I am not ready to hang myself.” We sincerely appreciate that commendation, which came to us unsolicited.
That being said, there has been some recent confusion as to what the FDN network attorneys do, including Mr. Barnes’ Firm. We are litigators: our mission statement and goal is to challenge the “banks” and servicers on as many fronts as possible at both the trial and appellate levels in both state and Federal courts, and to do whatever we can to accomplish the client’s realistic goals and objectives within the bounds of the law while continuing to explore new theories of defense (and, in certain instances, recovery of damages).
We do not “do” loan mods, short sales, or bankruptcies, although such options may come up during the course of litigation (e.g. in the context of a mediation or if a bankruptcy filing is deemed necessary under certain circumstances, in which case we know of bankruptcy attorneys who we work with and can refer). The reason why we are publishing this is that we have had many inquiries lately along the lines of “we want to retain your Firm to do a loan mod”, or “we want your Firm to help us with a short sale”, or “I am in bankruptcy and need your help”. Although we do sometimes become involved with, for example, defense of proofs of claim or opposing motions for relief from stay within a bankruptcy involving foreclosure issues, or defending foreclosure proceedings outside of the bankruptcy court if stay relief is granted, the core bankruptcy should be handled by an attorney who is an experienced bankruptcy practitioner who regularly handles proceedings under Chapter 7, 11, and 13 of the Bankruptcy Code.
There are many qualified and experienced practitioners who do specialize in the loan modification process and other “loss mitigation” options (such as short sales). Although we may be called upon, during the course of litigation, to assist with such endeavors, we do not solicit or seek to have potential clients retain our Firm for such endeavors.
We hope this clarifies what our network does for homeowners, and we will continue to assist homeowners.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com