Stand-In Attorneys Don’t Hold Water in Some Courts

Today with the increased bankruptcy filings throughout the Nation, attorneys are changing the way the run their practices. The model that is being developed does not sit well with many including the courts.

When a client comes in and meets with an attorney and then signs a representation agreement, that may be the last time, the file or that attorney even touches the file. Clients need to be sure to question the attorney to be sure that the attorney is doing more than meeting and turning over the file to an associate or paralegal. It is also key to ask whether that attorney will appear with you in Court matters, e.g. Meeting of Creditors.

The Courts have noted that they do not approve of this “model” of attorneys office practices.

In a recent opinion by Judge Jeff Bohn (Consumer Bankruptcy News – Volume 23, Issue 19) he stated:

“The use of appearance attorneys deprives clients… Such a practice is insulting to the client, the Court, and the principles upon which the judicial system is built. Attorneys are not fungible. Attorneys are not all equal to each other, either in their courtroom abilities, their understanding of the law, or in their communicative skills.”

Clients choose a firm and an attorney for a reason, and clients have a right to be represented by the attorney of their choice during all portions of their case.

The justification for certain consumer bankruptcy attorneys that their business model will not work unless they are allowed to use appearance attorneys HOLDS NO WATER with this Court. If a firm’s business model conflicts with the professional standards of the legal profession, the former must give way to the latter.”

Be sure to ask when you interview or have your first meeting with an attorney, who will be handling my case?

  • An assistant,
  • Another attorney,
  • Appearance attorney???

When an attorney takes a case, they should initially meet with the client to understand and become familiar with the client’s needs. After that time, a Representation Agreement is agreed upon and signed.

As for Bankruptcies, there are many important deadlines and criteria to meet to finalize what type of bankruptcy is right for the client. During this time, a learning period begins for the attorney where he/she becomes very familiar with the case and interacts closely with the clients.

As the information and data are collected from the client, the attorney is able to fully understand not only the client but also the details of the case. Most of the time, there is a great deal of interaction between the client and the attorney. Much is learned about the client’s financial situation, spending habits, debts, how the debts occurred and the household income, etc.

At the 341(a) Meeting of Creditor’s is scheduled, the attorney presents his client to the Trustee and is there to assist and explain the petition that was put together for the client.

If an attorney who worked on the case does not come to Meeting of Creditors but sends an alternate attorney, how can that alternate attorney/stand-in attorney provide the proper representation and support to that client?

I don’t recommend having someone stand-in for an attorney when dealing with bankruptcy cases. Do you?

6 Key Questions to Ask Before You Hire a Forclosure Attorney

The 2008 financial crash put a lot of people out of work. It hurt business owners, emptied personal savings, destroyed American home values and lead to massive foreclosures.

What Many Homeowners Don’t Know

The crony network of big banks, financial institutions, government, politicians, the courts, and their corporately owned media have used propaganda, lies and spin doctors to convince Americans that naïve and greedy homeowners crashed the global credit markets in 2008.

They blamed the crash and current economic chaos on homeowners who bought too much house. Yes, some mortgagers made some people believe they could buy more home then they could afford. However, the blame here is often misleading.

Why? Obscene broker commissions were a big part of originating mortgages. Banks were on a tear to bundle, securitize, sell and re-sell mortgages. It lead to irregular mortgage practices.

The bigger truth has been revealed that there are no mortgages to back the mortgage-backed securities. Thus former treasury secretary Hank Paulson told taxpayers, “We must bail the banks out, or else everything will collapse.”

Iceland Let Their Banks Collapse

In fact, Iceland arrested the financial offenders and put in actual safeguards to restore the capital markets and consumer confidence. We in America got the toothless Dodd-Frank bill that makes it appear legislators are minding the store.

Banking and the financial industry needed major reforms. Instead, after the Wall Street financial crash our American banks actually got 38% BIGGER!

Too Big to Fail and Too Big to Jail

Today banks are bigger than before the economic crash and the Dodd-Frank bill does nothing significant to keep Wall Street from trashing the economy again.

Insanity is doing the same thing you’ve been doing but expecting a different result.

Fast forward and today, these quasi-patriotic cronies continue the lies and prop up the fraud on the taxpayer’s dime. They brazenly continue to cover up their partners’ crimes while still receiving a massive transfer of wealth from taxpayers without impunity.

Can You Name One Banker That Went to Jail?

By the way, in 2008 that 800 billion dollar bail out has turned into trillions out the back door of the Federal Reserve straight into bank coufers.

What few Americans realize is that crony capitalists who fleeced institutional investors out of $17+ Trillion, clouded the title on all the mortgages they originated and supposedly sold on the secondary market.

They stole our pension money, wiped out savings and now they’re still after your home. In fact, more than 4.9 million homeowners were foreclosed since the Wall Street crash and there’s more on the way.

American’s need help staying in their home. If the banks and servicers won’t deliver then where do homeowners turn for guidance through this financial maze of fraud and corruption?

Many are programmed to think, “Lawyer, that’s what I need to stand up for me, to sort out the fraud, to keep my family from being kicked into the streets.”

Are Lawyers Best Suited to Standup For Homeowners?

As Americans we’ve been conditioned to believe that the only people who can help us navigate, legal matters are lawmakers and attorneys. Fortunately, in the realm of foreclosure law, there are a few good ones.

However, when it comes to ferreting out truth or fraud in your foreclosure, few attorneys (Real Estate attorneys included) are equipped or have any desire to fight as hard as a regular educated homeowner.

It’s a fact that no one will ever care more about saving your home than you. If staying in your home is not all that important, then most attorneys will do. But buyers beware.

How Do You Choose the Right Lawyer in Foreclosure Matters?

I’ve personally talked with hundreds upon hundreds of homeowners all across America who routinely pay from $1,000 to $30,000+ in attorney’s fees plus monthly retainers and still loose their home. This is more common than you’d think.

I ask homeowners, “What was the attorneys strategy? Was it to help you buy time until you are evicted or actually stay in your home?”

Many homeowners had not thought the end game through. How often do we hire attorneys? There are no Consumer Reports on America’s best foreclosure strategies, fighting bank fraud or attorneys.

Most Americans are busy trying to make a living, caring for loved ones, keeping their heads above water and would rather avoid the legal realms. Who can blame them?

So, unless new information is introduced it makes perfect sense that many homeowners don’t know what to ask to hire an attorney or figure out what makes one effective over the next.

When it comes to defending your home, the following basic questions will get most homeowners started.

The following six questions came from an interview with Justin James. He is the founder of The Foreclosure Relief Network, a company dedicated to helping homeowners stand up for their legal rights.

The company with its network of private investigators, paralegals and law firm was developed to educate and arm the American consumer with the information necessary to protect families and property against the unlawful actions of banks.

Mr. James emphasizes that “Every homeowner who suspects mortgage fraud or are in foreclosure or about to be, needs to be educated.

They need to know upfront if an attorney will work on your behalf or instead see you as a tool to collect fees while they stall things off in court. By asking these basic but key questions, this is knowable.”

You want to interview an attorney just like you would choose a doctor, dentist, CPA or a contractor to work on your home. You want a good fit.

Write Your Questions Down

Mr. James suggests that before you phone or visit an attorney in person, have your questions written down and refer to them.

6 Key Questions to Ask Before You Hire an Attorney to Get a Modification or Defend Your Home Against Banks

  1. Do you feel that the banks and their servicers commit mortgage security and/or foreclosure fraud? (Yes) Correct answer.
  2. Do you believe that if a bank shows up with a piece of paper that alleges it’s the original Note-do you still believe there’s a chance of winning court? (Yes)
  3. Are you willing to challenge the banks claim of ownership of the note, mortgage, chain of title, etc.? (Yes)
  4. Are you willing to cross exam a witnesses? (Yes)
  5. Will you challenge and call a robo-signer as a witness? (Yes)
  6. Are you willing to be that attorney at the party that went up against the big bankers or challenged a court that seems to lean in favor of big banks? (Yes)

If you get so much as one “no” to the above questions then be aware, your situation may be at cross-purposes with this particular attorney.

To the few that are actually competent and not bluffing their way into your back pocket, these basic but telling questions are not difficult to answer.

Other than the details of your situation, each question does not require you as homeowner to expound any further. Either they know it or they don’t. Either they believe banks can do no wrong or believe in justice for homeowners.

When to Walk Away

Bottom line is that if the attorney interviewed is…

  • Not comfortable breaking down your chain of title if necessary
  • Does not believe the bank is ever wrong about a note or mortgage
  • Not willing to challenge the bank or the courts
  • Not willing to cross examine a witness…

Then why are you there? Why should they take your money? Don’t give them a dime Pack your bags and find another attorney or other expert to interview. Consider…

Who’s Paying Your Bill?

You are paying the attorney for a service. You wouldn’t go into a car dealership and say…

“I’ve got $400 a month to spend on a vehicle. Just give me whatever you got to drive.”

You’d be surprised how many people would accept poor treatment when it comes to attorneys. Why?

Because some homeowners are intimated and think, the lawyer knows more. That’s usually true about civil law matters. That’s when a good educated attorney makes sense.

But when it comes to foreclosure, commercial law and challenging the banks-think again. I would challenge you to think outside the box.

Defend Yourself? Really?

Others will say, “YES BUT you can’t defend yourself against fraud or a foreclosing bank. You must have an attorney.” Many homeowners felt that way in the beginning. However…

We now know plenty of average homeowners who’ve been educated and succeeded with the guidance of companies like The Foreclosure Relief Network.

But, what few homeowners at first realize is that attorneys are not traditionally schooled in banking and finance.

In fact, I’ve interviewed some well informed average homeowners who educate their attorneys.

You Deserve to Know What You are Getting for Your Time and Money

If your prospective attorney is the real deal, they will understand your need to interview. That’s why it’s important to know…

  • What does the attorney actually believe about banks and foreclosure?
  • Make them lay their cards on the table. Time is of essence.

You simply want to insure that you are investing your energy and money wisely into a winning strategy and NOT prolonging what many attorneys feel is an inevitable foreclosure.

It’s a little known fact that if you, as a homeowner are educated and have a complete and correct strategy then foreclosure is NOT always inevitable.

Follow The Money

If you hire an attorney that did not adequately answer these questions, then be advised you, your family and your home may be taken for a professional ride.

According to Mr. James extensive experience with homeowners, banks and courts across America, rare is the attorney who will answer your call, who will fight banks on behalf of your homeowner and constitutional rights.

Most attorneys will not intentionally do you harm because they genuinely believe what they believe. That banks can do no wrong is just part of their many years of education and training.

As important, attorneys take an oath to protect corporations. It’s what they do.

That said… put yourself in the attorney’s shoes for just a minute. They have a lot of competition. A title, though impressive is no guarantee of success. They are businessmen and women and for many economic times are tough like many homeowners.

Yes, attorneys enjoy a measure of prestige but that doesn’t pay the bills. Like you and I, they have to make a living or find a way to survive. Just make sure it’s not at your expense.

Who Has More Money? Influence?

A homeowner called Mr. James and was livid because he spent over $7,500 on an attorney who believed that his counsel had defected to the bank side.

Even with documented fraud (common today) as the centerpiece of his defense against the bank, this homeowner lost his home.

The homeowner asks, “Who’s got more money here? The Big American Bank or me as homeowner?”

Do you think you’ll ever see this homeowner’s story on the evening news? It’s not likely. Remember who owns and controls media, advertising and reporting.

Of course I don’t expect you to believe any of this. Check it out for yourself.

Bank Walks Away

Speaking of a good homeowner story, while working on this article one of Mr. James clients called about Quiet Title action which forces a bank to produce valid documents.

The banks have to prove they have ownership before they can foreclose. In today’s heavily securtized financial system that’s more and more difficult for banks to validate unless they manufacture documents from thin air. This is known as robo-signing and yes, it’s illegal.

Gary is out of the Midwest. He applied several times for a modification and then found himself in foreclosure. He suspected bank fraud. Gary began looking and found a young and hungry attorney out of law school.

The attorney had not yet adopted “a bank can do no wrong” attitude. However, the first hurdle was overcoming this attorney’s lack of knowledge on foreclosure fraud, banking and securitization, etc.

Remember few attorneys have this profound knowledge, seek it out or even believe it’s possible to help a homeowner to win. It’s not taught in law school.

To compensate, Gary began working with Mr. James to gain the education, knowledge, legal templates and strategies. This also saved him thousands of dollars in attorney’s research fees.

Gary reported that his homework paid off and the bank walked away. Finding a lawyer willing to listen was the exception in this case. However, keep in mind that…

The Courts Are Available to All Homeowners

Remember, you as an American citizen have constitutional rights.

An attorney is not the only way to stand your ground against bad behaving banks. In fact there are far more effective strategies homeowners can and do take every day.

The majority of homeowners do not realize that with the right kind of education they can in fact represent themselves in court. It’s referred to as Pro Se’, a petitioner or simply an American citizen. Often it’s an effective option. Here’s why.

The fact is that the courts cannot hold a regular homeowner to the same standard as they do lawyers. It turns out that with an effective strategy, presented properly, defending yourself against banks often leads to settlements.

Mr. James reports that he sees it everyday and as the courts become more educated, the tides are shifting in favor of homeowners.

Some homeowners combine the idea of Pro Se’ (without an attorney) along with private mortgage investigations to uncover irregularities that stop foreclosures.

Bottom Line-Trust Your Gut

Remind yourself that if your home is worth defending then no one will ever fight for your home like you can.

After interviewing the attorney, if you can’t say yes, then SAY NO FOR NOW.

Keep looking. If the attorney doesn’t feel right-move on. There are viable alternatives. Do your homework.

Finally, if you have a compelling enough why and are willing to do a little legwork, then there are resources that can help you to learn how to stay in your home and prevail even without an attorney.

Online Attorney Directories – How to Evaluate a Legal Directory on the Internet

There are a number of websites that purport to have lawyers waiting to help. The reality is most of these websites are only attorney directories created by marketing teams who have no understanding of the law or, in many cases, who have no connection to a real lawyer or law firm.

These online attorney directories often end up in the top of the search engine results. The marketing teams help ensure this happens. This leaves you, the consumer who is looking for an attorney, with the obstacle of having to evaluate the online attorney directory. Here are some tips for evaluating online lawyer directories as you search for the right lawyer.

  • Determine whether the directory is a paid directory.
  • Paid directories are those that require lawyers to pay a fee to be listed in the directory. Paid directories usually have the most accurate contact and practice area information. Attorneys who pay to be included in the directory have an interest in making sure their information is correct.

    The downside to these directories is they may have very few attorney listings. This raises the question as to what types of attorneys pay to be listed on an online legal directory. Many successful attorneys do not have to incur this expense in order to carry out their trade. Other very good attorneys do incur this expense, but most of them do not do it regularly. For example, attorneys who are just starting out, are changing practice areas, or are relocating to another state may initially use these directories as they establish their new law practices. Is this the type of lawyer you want to hire? If so, the paid legal directory may be just what you are looking for.

  • Scrutinize free attorney directories.
  • Not all free online lawyer directories are bad. There are some very good ones. The best online legal directories usually have some direct involvement by attorneys themselves. For example, many free online attorney directories have forums where lawyers answer free legal questions. This allows the attorneys to get the word out about their practice and their expertise, while helping point folks in the right direction.

    Some other free online attorney directories focus on compiling contact information for lawyers. Most of these directories compile the information without any direction or input from the lawyers who are listed in the directory. These directories stand out as they usually just provide a listing of attorneys. These directories often scrape the information off of legitimate websites with the sole aim of generating advertising dollars for themselves.

    A recent trend is for these websites to have an attorney profile page that can be “claimed” by the attorney. The purpose here is to bring visitors to the directory using the search engines thereby generating advertising revenues for the directory. The directory may also hope the lawyer will notice the profile and “claim” it by entering their information. Very few attorneys actually claim profiles in this manner. Indeed, many of them have to contact legal directories and ask to have their names removed from the directory. Thus, you should avoid any attorney directory that indicates attorneys should “claim” their profile.

  • Avoid attorney rating sites.
  • Attorneys help clients with a multitude of legal issues and the facts of each case are different. The work of attorneys cannot be boiled down to a number or other rating. These rating systems often try to gauge an attorney by the number of years the attorney has been in practice. Older is not always better. Statistics show that most complaints filed with state bar associations are filed against attorneys who have practiced a number of years. These complaints relate to failing to provide quality client service to failing to keep abreast of the law. While it is somewhat rare to see the same complaints filed against younger attorneys, this has no bearing on how the attorney is likely to handle your particular legal matter. You should avoid attorney directories that rate attorneys in this manner.

  • Avoid the attorney directory that includes prices.
  • Attorneys are highly regulated. The attorney professionalism rules for every state say that attorneys must charge reasonable fees. What is reasonable for a particular matter is dependent upon a great number of factors. Unless you have provided all of this information to the attorney directory, it should not quote prices. This seems like common sense, but it needs to be said. Avoid attorney directories that include pricing information.

    These steps should help you screen the online attorney directories you find in the search engine results.