Monday, December 6, 2010

foreclosure defense

Ever the hotbed of innovation, a new innovation in foreclosure defense is emerging in Florida. Until now, the big question for foreclosure lawyers is "how do we get paid?" If their client can't afford to pay the bank, how are they going to pay for legal services? One firm has figured out a way. After the original mortgage is nullified or reduced, the client takes out a new mortgage for 40% of the savings, and pays it to the lawyer.

Taking On a Second Mortgage to Pay the Foreclosure Lawyer

14 Responses to “The Foreclosure Zoo”

Basilisc Says:

November 5th, 2010 at 6:32 am

How about this: if a partner (or associate) at a law firm is found to have represented a plaintiff in a foreclosure case in which a fraudulent affidavit has been filed (about the service, or any other aspect), then EVERY PARTNER in that firm is disbarred from practicing in the state. Regardless of who’s at fault.

I’m not a lawyer, but I think that should end the problem.

Winston Says:

November 5th, 2010 at 6:42 am

Would not this practice render the case null-and-void? Or could the plaintiff re-file for foreclosure?

Petey Wheatstraw Says:

November 5th, 2010 at 7:38 am

In light of all of the evidence of the industrial nature and mind boggling level of criminality in the foreclosure/securitization processes, along with little or no action by those charged with upholding the laws pertaining to such criminality (but apparently having plenty of time and resources to go after less serious crimes committed by individuals outside this industry), it would seem that selective enforcement of our laws is a matter of official policy.

There are many ways to skin this cat, but TPTB do not want the cat skinned. The contract between the people and the government has no requirement for specific performance, and, lacking that, there is no way to compel the authorities to uphold the law.

The People should acknowledge the fact that criminality in high places is systemic, and without a coordinated effort to force the issue, these violations of the law and the processes for bringing those responsible to justice, justice will not be served — regardless of how easy and beneficial doing so would be.

We are just becoming aware that we must fight back. Unfortunately we come to this realization as we pick ourselves up off the ground after having been knocked unconscious and robbed. We are trying to defend ourselves after the fact.

Petey Wheatstraw Says:

November 5th, 2010 at 7:48 am

Basilisc:

Only the Bar Associations (the corporation(s) that has (have) captured the Judiciary branch of our government) can disbar an attorney. If you think that might happen on a scale that would have a measurable effect on attorneys engaging in these violations of law and/or procedural rules of the courts, you might not understand the true level or nature of the corruption in and of our system.

Julia Chestnut Says:

November 5th, 2010 at 9:18 am

Guys, what it does is deprive the court of jurisdiction over the defendant. If they were never properly served, the whole case is thrown out and starts over again. Sometimes, if there was no prejudice to the defendant (I’m having a hard time figuring out how there would be no prejudice here, because lots of timelines are involved that trigger off of every move in a default and foreclosure), sometimes the case can proceed. Often if the defendant has actual knowledge of the suit, even if they weren’t properly served, the court will take that into account.

I am interested to see how Florida law treats the question of the holder in due course: this might be one of the few things that would wrest a house back from a buyer who purchased it at the courthouse steps. If the court never acquired jurisdiction of the defendant, the order permitting sale was improper. The bank in effect stole the house, and sold it. Normally, a holder in due course of collateral has huge rights. This just might be a fly in the ointment of how these things normally work. My bet is that the case law dates from the depression era, back before the rise of the vampires. This could get very interesting.

But there are two things that make courts really, really pissy: one is being openly lied to under oath – perjury – and that is what filing a patently false affidavit is. The second is having their jurisdiction invoked improperly and having things drag on or have to get redone because of it. Well there is a third that is probably not involved here, and that is being reversed. Believe me, if anything will stir an honest, but lazy or indifferent, judge to action, it is having the court played for a fool. This could be very, very interesting to watch.

As to the comments about the physical appearance of the defendant, I can’t believe the servers were too lazy to get up on facebook and find out what the defendant looks like. Sheesh.

beaufou Says:

November 5th, 2010 at 9:31 am

What Petey said.

TakBak04 Says:

November 5th, 2010 at 9:53 am

50-State Foreclosure Probe Loses Several Influential Voices after Midterm Elections/ HT Rob

Iowa Attorney General Thomas Miller, the point man on the 50-state investigation into the foreclosure mess, won reelection this week. But a number of the other 13 attorneys generals on the inquiry’s executive committee will leave in the coming months.

In Ohio, Attorney General Richard Cordray — a Democrat who was the first to sue a major lender over the foreclosure problems — lost to Republican Mike DeWine. “A campaign website for Mr. DeWine lists job creation and opposing the health-care plan as his top priorities and makes no obvious mention of the foreclosure scandal, the multistate investigation or Mr. Cordray’s lawsuit against GMAC,” noted the Wall Street Journal. On Wednesday, DeWine declined to comment on the foreclosure issue, saying that the office will “evaluate each piece of existing litigation.”

Another key official with experience dealing with mortgage companies — Arizona Attorney General Terry Goddard (D) — lost the race for governor. Goddard took the lead in negotiating a settlement, announced in October, with Wells Fargo. The lender, which was facing allegations of deceptive marketing, agreed to spend an estimated $772 million modifying loans for borrowers across the country.

Republican Tom Horne beat Democrat Felecia Rotellini to win Goddard’s former job late Wednesday, ending the Democrats’ 12-year-hold on the office.

Florida’s Bill McCollum, also influential in the investigation, will be leaving at the end of this year, having lost in the GOP’s gubernatorial primary. McCollum has been spearheading a probe into four “foreclosure mill” law firms. Republican Pam Bondi, a former state prosecutor, will take over as the new AG.

http://voices.washingtonpost.com/political-economy/2010...

The loss of Ohio’s AG Cordray is a big hit to stopping fraud by banksters. Florida’s McCollum is devastating also.

Mannwich Says:

November 5th, 2010 at 9:59 am

But this was all just a big mistake, BR. In fact, the whole crisis was. Now it’s over, so let’s move on, but get those deadbeats out of their homes first.

Lugnut Says:

November 5th, 2010 at 10:05 am

“My personal favorite are the people served in Florida whose passports prove they were in Europe at the time. ”

Also amusing from the standpoint that folks being served a foreclosure notice can afford a trip to Europe. Irony abounds.

Petey Wheatstraw Says:

November 5th, 2010 at 10:17 am

Years ago. a friend who had recently been admitted to the Bar would occasionally ask me to act as a process server for him (he would accompany me, but stay in the car, down the street. He didn’t like confrontation, and thought it unlikely that the person being served would get cocky with me). In Virginia, if I remember correctly, here’s what was required for proper service:

1. Knock on the door — repeatedly and loudly (as a cop would) — giving a reasonable amount of time for the knock to be answered.

2. If the knock was answered, I was to ask: Are you James Doe? If the answer was yes, I’d serve the docs. If the answer was no, I was to ask, “do you live here, and are you over 18 years old?” If the answer was yes, I was to hand that person the docs, and ask that they be given to the person being served. if the answer was no, or if no one had answered the door, i was to tape the docs to the door (on all four sides, and with removable tape).

3. I would then sign and date the affidavit of service.

That’s how it’s done in VA.

Petey Wheatstraw Says:

November 5th, 2010 at 10:20 am

Jeez. I should really start proofing my comments before hitting the submit button.

Marc P Says:

November 5th, 2010 at 3:23 pm

@Julia Chestnut:

This is a great point. I clerked for a trial court judge. I tell people the judges are like sleeping bears. Under the weight of their crushing workloads, often they appear to be distracted, board, asleep, or all three. But generally, judges are quite bright and have been put on the bench for good reasons. Once awakened from slumber, watch out.

Judges have to rely on the attorneys to provide accurate information. Judges are well aware that attorneys represent their clients and are not likely to present evidence that is not in their client’s best interest. That is why the system is designed to have both parties represented. Law is the only profession where there is a highly paid professional whose sole job is to point out all your lapses.

In many states the foreclosure process is designed to have minimal court intervention. The lenders are expected to follow a rigid set of rules regarding notice and timelines but often judges never have to get involved. The statutes are set up so that the borrower can object at any time and bring the matter in front of the judge for correction. However, judges are well aware that lenders have money and borrowers do not. Due to this, the judges are more reliant than usual on the veracity and completeness of the information provided by the lender’s attorney. A lender’s attorney who abuses that trust is asking for trouble.

My suggestion is to get some popcorn, crack open a beer, and sit back. This is going to be a good show.

Marc P Says:

November 5th, 2010 at 3:25 pm

Judges are board? Duh. Bored. Sorry.

Florida’s “Too Big for Fraud” Court System | The Big Picture Says:

November 11th, 2010 at 7:21 am

The Foreclosure Zoo (November 5th,

You must be logged in to post a comment.

bench craft company rip off

Fox News Co-Host Bill Hemmer Is An Adrenaline Junkie

Former bungee jumper now gets his thrills the way many people do -- from Fox News Channel.

News - Justin Bieber Cancels German TV Gig After Stunt Goes Awry ...

The teen singer scraps his performance after a man is severely injured on the popular series Wetten Dass.

Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker

Lawyers for former Senate Candidate Robin Carnahan are arguing that the Fox News network is singling the Missouri Democrat out in its lawsuit alleging her campaign violated the network's copyrights.

bench craft company rip off

Fox News Co-Host Bill Hemmer Is An Adrenaline Junkie

Former bungee jumper now gets his thrills the way many people do -- from Fox News Channel.

News - Justin Bieber Cancels German TV Gig After Stunt Goes Awry ...

The teen singer scraps his performance after a man is severely injured on the popular series Wetten Dass.

Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker

bench craft company rip off

Fox News Co-Host Bill Hemmer Is An Adrenaline Junkie

Former bungee jumper now gets his thrills the way many people do -- from Fox News Channel.

News - Justin Bieber Cancels German TV Gig After Stunt Goes Awry ...

The teen singer scraps his performance after a man is severely injured on the popular series Wetten Dass.

Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker

bench craft company rip off
Fox Noticias Co-anfitrión Bill Hemmer es un puente adrenalina JunkieFormer bungee ahora consigue su emoción el camino mucha gente - de Fox News Channel.

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Campamento Carnahan Para Fox News : ¿Por qué solo nosotros fuera? | TPMMuckrakerLawyers para el ex candidato al Senado Robin Carnahan argumentan que la cadena Fox News es singularizar el demócrata de Missouri en su demanda alegando su campaña violado los derechos de autor de la red.

bench craft company rip off

Fox News Co-Host Bill Hemmer Is An Adrenaline Junkie

Former bungee jumper now gets his thrills the way many people do -- from Fox News Channel.

News - Justin Bieber Cancels German TV Gig After Stunt Goes Awry ...

The teen singer scraps his performance after a man is severely injured on the popular series Wetten Dass.

Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker

bench craft company rip off

Taking On a Second Mortgage to Pay the Foreclosure Lawyer

14 Responses to “The Foreclosure Zoo”

Basilisc Says:

November 5th, 2010 at 6:32 am

How about this: if a partner (or associate) at a law firm is found to have represented a plaintiff in a foreclosure case in which a fraudulent affidavit has been filed (about the service, or any other aspect), then EVERY PARTNER in that firm is disbarred from practicing in the state. Regardless of who’s at fault.

I’m not a lawyer, but I think that should end the problem.

Winston Says:

November 5th, 2010 at 6:42 am

Would not this practice render the case null-and-void? Or could the plaintiff re-file for foreclosure?

Petey Wheatstraw Says:

November 5th, 2010 at 7:38 am

In light of all of the evidence of the industrial nature and mind boggling level of criminality in the foreclosure/securitization processes, along with little or no action by those charged with upholding the laws pertaining to such criminality (but apparently having plenty of time and resources to go after less serious crimes committed by individuals outside this industry), it would seem that selective enforcement of our laws is a matter of official policy.

There are many ways to skin this cat, but TPTB do not want the cat skinned. The contract between the people and the government has no requirement for specific performance, and, lacking that, there is no way to compel the authorities to uphold the law.

The People should acknowledge the fact that criminality in high places is systemic, and without a coordinated effort to force the issue, these violations of the law and the processes for bringing those responsible to justice, justice will not be served — regardless of how easy and beneficial doing so would be.

We are just becoming aware that we must fight back. Unfortunately we come to this realization as we pick ourselves up off the ground after having been knocked unconscious and robbed. We are trying to defend ourselves after the fact.

Petey Wheatstraw Says:

November 5th, 2010 at 7:48 am

Basilisc:

Only the Bar Associations (the corporation(s) that has (have) captured the Judiciary branch of our government) can disbar an attorney. If you think that might happen on a scale that would have a measurable effect on attorneys engaging in these violations of law and/or procedural rules of the courts, you might not understand the true level or nature of the corruption in and of our system.

Julia Chestnut Says:

November 5th, 2010 at 9:18 am

Guys, what it does is deprive the court of jurisdiction over the defendant. If they were never properly served, the whole case is thrown out and starts over again. Sometimes, if there was no prejudice to the defendant (I’m having a hard time figuring out how there would be no prejudice here, because lots of timelines are involved that trigger off of every move in a default and foreclosure), sometimes the case can proceed. Often if the defendant has actual knowledge of the suit, even if they weren’t properly served, the court will take that into account.

I am interested to see how Florida law treats the question of the holder in due course: this might be one of the few things that would wrest a house back from a buyer who purchased it at the courthouse steps. If the court never acquired jurisdiction of the defendant, the order permitting sale was improper. The bank in effect stole the house, and sold it. Normally, a holder in due course of collateral has huge rights. This just might be a fly in the ointment of how these things normally work. My bet is that the case law dates from the depression era, back before the rise of the vampires. This could get very interesting.

But there are two things that make courts really, really pissy: one is being openly lied to under oath – perjury – and that is what filing a patently false affidavit is. The second is having their jurisdiction invoked improperly and having things drag on or have to get redone because of it. Well there is a third that is probably not involved here, and that is being reversed. Believe me, if anything will stir an honest, but lazy or indifferent, judge to action, it is having the court played for a fool. This could be very, very interesting to watch.

As to the comments about the physical appearance of the defendant, I can’t believe the servers were too lazy to get up on facebook and find out what the defendant looks like. Sheesh.

beaufou Says:

November 5th, 2010 at 9:31 am

What Petey said.

TakBak04 Says:

November 5th, 2010 at 9:53 am

50-State Foreclosure Probe Loses Several Influential Voices after Midterm Elections/ HT Rob

Iowa Attorney General Thomas Miller, the point man on the 50-state investigation into the foreclosure mess, won reelection this week. But a number of the other 13 attorneys generals on the inquiry’s executive committee will leave in the coming months.

In Ohio, Attorney General Richard Cordray — a Democrat who was the first to sue a major lender over the foreclosure problems — lost to Republican Mike DeWine. “A campaign website for Mr. DeWine lists job creation and opposing the health-care plan as his top priorities and makes no obvious mention of the foreclosure scandal, the multistate investigation or Mr. Cordray’s lawsuit against GMAC,” noted the Wall Street Journal. On Wednesday, DeWine declined to comment on the foreclosure issue, saying that the office will “evaluate each piece of existing litigation.”

Another key official with experience dealing with mortgage companies — Arizona Attorney General Terry Goddard (D) — lost the race for governor. Goddard took the lead in negotiating a settlement, announced in October, with Wells Fargo. The lender, which was facing allegations of deceptive marketing, agreed to spend an estimated $772 million modifying loans for borrowers across the country.

Republican Tom Horne beat Democrat Felecia Rotellini to win Goddard’s former job late Wednesday, ending the Democrats’ 12-year-hold on the office.

Florida’s Bill McCollum, also influential in the investigation, will be leaving at the end of this year, having lost in the GOP’s gubernatorial primary. McCollum has been spearheading a probe into four “foreclosure mill” law firms. Republican Pam Bondi, a former state prosecutor, will take over as the new AG.

http://voices.washingtonpost.com/political-economy/2010...

The loss of Ohio’s AG Cordray is a big hit to stopping fraud by banksters. Florida’s McCollum is devastating also.

Mannwich Says:

November 5th, 2010 at 9:59 am

But this was all just a big mistake, BR. In fact, the whole crisis was. Now it’s over, so let’s move on, but get those deadbeats out of their homes first.

Lugnut Says:

November 5th, 2010 at 10:05 am

“My personal favorite are the people served in Florida whose passports prove they were in Europe at the time. ”

Also amusing from the standpoint that folks being served a foreclosure notice can afford a trip to Europe. Irony abounds.

Petey Wheatstraw Says:

November 5th, 2010 at 10:17 am

Years ago. a friend who had recently been admitted to the Bar would occasionally ask me to act as a process server for him (he would accompany me, but stay in the car, down the street. He didn’t like confrontation, and thought it unlikely that the person being served would get cocky with me). In Virginia, if I remember correctly, here’s what was required for proper service:

1. Knock on the door — repeatedly and loudly (as a cop would) — giving a reasonable amount of time for the knock to be answered.

2. If the knock was answered, I was to ask: Are you James Doe? If the answer was yes, I’d serve the docs. If the answer was no, I was to ask, “do you live here, and are you over 18 years old?” If the answer was yes, I was to hand that person the docs, and ask that they be given to the person being served. if the answer was no, or if no one had answered the door, i was to tape the docs to the door (on all four sides, and with removable tape).

3. I would then sign and date the affidavit of service.

That’s how it’s done in VA.

Petey Wheatstraw Says:

November 5th, 2010 at 10:20 am

Jeez. I should really start proofing my comments before hitting the submit button.

Marc P Says:

November 5th, 2010 at 3:23 pm

@Julia Chestnut:

This is a great point. I clerked for a trial court judge. I tell people the judges are like sleeping bears. Under the weight of their crushing workloads, often they appear to be distracted, board, asleep, or all three. But generally, judges are quite bright and have been put on the bench for good reasons. Once awakened from slumber, watch out.

Judges have to rely on the attorneys to provide accurate information. Judges are well aware that attorneys represent their clients and are not likely to present evidence that is not in their client’s best interest. That is why the system is designed to have both parties represented. Law is the only profession where there is a highly paid professional whose sole job is to point out all your lapses.

In many states the foreclosure process is designed to have minimal court intervention. The lenders are expected to follow a rigid set of rules regarding notice and timelines but often judges never have to get involved. The statutes are set up so that the borrower can object at any time and bring the matter in front of the judge for correction. However, judges are well aware that lenders have money and borrowers do not. Due to this, the judges are more reliant than usual on the veracity and completeness of the information provided by the lender’s attorney. A lender’s attorney who abuses that trust is asking for trouble.

My suggestion is to get some popcorn, crack open a beer, and sit back. This is going to be a good show.

Marc P Says:

November 5th, 2010 at 3:25 pm

Judges are board? Duh. Bored. Sorry.

Florida’s “Too Big for Fraud” Court System | The Big Picture Says:

November 11th, 2010 at 7:21 am

The Foreclosure Zoo (November 5th,

You must be logged in to post a comment.

bench craft company rip off

Fox News Co-Host Bill Hemmer Is An Adrenaline Junkie

Former bungee jumper now gets his thrills the way many people do -- from Fox News Channel.

News - Justin Bieber Cancels German TV Gig After Stunt Goes Awry ...

The teen singer scraps his performance after a man is severely injured on the popular series Wetten Dass.

Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker

bench craft company rip off

Fox News Co-Host Bill Hemmer Is An Adrenaline Junkie

Former bungee jumper now gets his thrills the way many people do -- from Fox News Channel.

News - Justin Bieber Cancels German TV Gig After Stunt Goes Awry ...

The teen singer scraps his performance after a man is severely injured on the popular series Wetten Dass.

Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker

bench craft company rip off

Fox News Co-Host Bill Hemmer Is An Adrenaline Junkie

Former bungee jumper now gets his thrills the way many people do -- from Fox News Channel.

News - Justin Bieber Cancels German TV Gig After Stunt Goes Awry ...

The teen singer scraps his performance after a man is severely injured on the popular series Wetten Dass.

Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker

bench craft company rip off

Fox News Co-Host Bill Hemmer Is An Adrenaline Junkie

Former bungee jumper now gets his thrills the way many people do -- from Fox News Channel.

News - Justin Bieber Cancels German TV Gig After Stunt Goes Awry ...

The teen singer scraps his performance after a man is severely injured on the popular series Wetten Dass.

Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker

bench craft company rip off

Fox News Co-Host Bill Hemmer Is An Adrenaline Junkie

Former bungee jumper now gets his thrills the way many people do -- from Fox News Channel.

News - Justin Bieber Cancels German TV Gig After Stunt Goes Awry ...

The teen singer scraps his performance after a man is severely injured on the popular series Wetten Dass.

Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker

bench craft company rip off

Fox News Co-Host Bill Hemmer Is An Adrenaline Junkie

Former bungee jumper now gets his thrills the way many people do -- from Fox News Channel.

News - Justin Bieber Cancels German TV Gig After Stunt Goes Awry ...

The teen singer scraps his performance after a man is severely injured on the popular series Wetten Dass.

Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker

bench craft company rip off

Taking On a Second Mortgage to Pay the Foreclosure Lawyer

14 Responses to “The Foreclosure Zoo”

Basilisc Says:

November 5th, 2010 at 6:32 am

How about this: if a partner (or associate) at a law firm is found to have represented a plaintiff in a foreclosure case in which a fraudulent affidavit has been filed (about the service, or any other aspect), then EVERY PARTNER in that firm is disbarred from practicing in the state. Regardless of who’s at fault.

I’m not a lawyer, but I think that should end the problem.

Winston Says:

November 5th, 2010 at 6:42 am

Would not this practice render the case null-and-void? Or could the plaintiff re-file for foreclosure?

Petey Wheatstraw Says:

November 5th, 2010 at 7:38 am

In light of all of the evidence of the industrial nature and mind boggling level of criminality in the foreclosure/securitization processes, along with little or no action by those charged with upholding the laws pertaining to such criminality (but apparently having plenty of time and resources to go after less serious crimes committed by individuals outside this industry), it would seem that selective enforcement of our laws is a matter of official policy.

There are many ways to skin this cat, but TPTB do not want the cat skinned. The contract between the people and the government has no requirement for specific performance, and, lacking that, there is no way to compel the authorities to uphold the law.

The People should acknowledge the fact that criminality in high places is systemic, and without a coordinated effort to force the issue, these violations of the law and the processes for bringing those responsible to justice, justice will not be served — regardless of how easy and beneficial doing so would be.

We are just becoming aware that we must fight back. Unfortunately we come to this realization as we pick ourselves up off the ground after having been knocked unconscious and robbed. We are trying to defend ourselves after the fact.

Petey Wheatstraw Says:

November 5th, 2010 at 7:48 am

Basilisc:

Only the Bar Associations (the corporation(s) that has (have) captured the Judiciary branch of our government) can disbar an attorney. If you think that might happen on a scale that would have a measurable effect on attorneys engaging in these violations of law and/or procedural rules of the courts, you might not understand the true level or nature of the corruption in and of our system.

Julia Chestnut Says:

November 5th, 2010 at 9:18 am

Guys, what it does is deprive the court of jurisdiction over the defendant. If they were never properly served, the whole case is thrown out and starts over again. Sometimes, if there was no prejudice to the defendant (I’m having a hard time figuring out how there would be no prejudice here, because lots of timelines are involved that trigger off of every move in a default and foreclosure), sometimes the case can proceed. Often if the defendant has actual knowledge of the suit, even if they weren’t properly served, the court will take that into account.

I am interested to see how Florida law treats the question of the holder in due course: this might be one of the few things that would wrest a house back from a buyer who purchased it at the courthouse steps. If the court never acquired jurisdiction of the defendant, the order permitting sale was improper. The bank in effect stole the house, and sold it. Normally, a holder in due course of collateral has huge rights. This just might be a fly in the ointment of how these things normally work. My bet is that the case law dates from the depression era, back before the rise of the vampires. This could get very interesting.

But there are two things that make courts really, really pissy: one is being openly lied to under oath – perjury – and that is what filing a patently false affidavit is. The second is having their jurisdiction invoked improperly and having things drag on or have to get redone because of it. Well there is a third that is probably not involved here, and that is being reversed. Believe me, if anything will stir an honest, but lazy or indifferent, judge to action, it is having the court played for a fool. This could be very, very interesting to watch.

As to the comments about the physical appearance of the defendant, I can’t believe the servers were too lazy to get up on facebook and find out what the defendant looks like. Sheesh.

beaufou Says:

November 5th, 2010 at 9:31 am

What Petey said.

TakBak04 Says:

November 5th, 2010 at 9:53 am

50-State Foreclosure Probe Loses Several Influential Voices after Midterm Elections/ HT Rob

Iowa Attorney General Thomas Miller, the point man on the 50-state investigation into the foreclosure mess, won reelection this week. But a number of the other 13 attorneys generals on the inquiry’s executive committee will leave in the coming months.

In Ohio, Attorney General Richard Cordray — a Democrat who was the first to sue a major lender over the foreclosure problems — lost to Republican Mike DeWine. “A campaign website for Mr. DeWine lists job creation and opposing the health-care plan as his top priorities and makes no obvious mention of the foreclosure scandal, the multistate investigation or Mr. Cordray’s lawsuit against GMAC,” noted the Wall Street Journal. On Wednesday, DeWine declined to comment on the foreclosure issue, saying that the office will “evaluate each piece of existing litigation.”

Another key official with experience dealing with mortgage companies — Arizona Attorney General Terry Goddard (D) — lost the race for governor. Goddard took the lead in negotiating a settlement, announced in October, with Wells Fargo. The lender, which was facing allegations of deceptive marketing, agreed to spend an estimated $772 million modifying loans for borrowers across the country.

Republican Tom Horne beat Democrat Felecia Rotellini to win Goddard’s former job late Wednesday, ending the Democrats’ 12-year-hold on the office.

Florida’s Bill McCollum, also influential in the investigation, will be leaving at the end of this year, having lost in the GOP’s gubernatorial primary. McCollum has been spearheading a probe into four “foreclosure mill” law firms. Republican Pam Bondi, a former state prosecutor, will take over as the new AG.

http://voices.washingtonpost.com/political-economy/2010...

The loss of Ohio’s AG Cordray is a big hit to stopping fraud by banksters. Florida’s McCollum is devastating also.

Mannwich Says:

November 5th, 2010 at 9:59 am

But this was all just a big mistake, BR. In fact, the whole crisis was. Now it’s over, so let’s move on, but get those deadbeats out of their homes first.

Lugnut Says:

November 5th, 2010 at 10:05 am

“My personal favorite are the people served in Florida whose passports prove they were in Europe at the time. ”

Also amusing from the standpoint that folks being served a foreclosure notice can afford a trip to Europe. Irony abounds.

Petey Wheatstraw Says:

November 5th, 2010 at 10:17 am

Years ago. a friend who had recently been admitted to the Bar would occasionally ask me to act as a process server for him (he would accompany me, but stay in the car, down the street. He didn’t like confrontation, and thought it unlikely that the person being served would get cocky with me). In Virginia, if I remember correctly, here’s what was required for proper service:

1. Knock on the door — repeatedly and loudly (as a cop would) — giving a reasonable amount of time for the knock to be answered.

2. If the knock was answered, I was to ask: Are you James Doe? If the answer was yes, I’d serve the docs. If the answer was no, I was to ask, “do you live here, and are you over 18 years old?” If the answer was yes, I was to hand that person the docs, and ask that they be given to the person being served. if the answer was no, or if no one had answered the door, i was to tape the docs to the door (on all four sides, and with removable tape).

3. I would then sign and date the affidavit of service.

That’s how it’s done in VA.

Petey Wheatstraw Says:

November 5th, 2010 at 10:20 am

Jeez. I should really start proofing my comments before hitting the submit button.

Marc P Says:

November 5th, 2010 at 3:23 pm

@Julia Chestnut:

This is a great point. I clerked for a trial court judge. I tell people the judges are like sleeping bears. Under the weight of their crushing workloads, often they appear to be distracted, board, asleep, or all three. But generally, judges are quite bright and have been put on the bench for good reasons. Once awakened from slumber, watch out.

Judges have to rely on the attorneys to provide accurate information. Judges are well aware that attorneys represent their clients and are not likely to present evidence that is not in their client’s best interest. That is why the system is designed to have both parties represented. Law is the only profession where there is a highly paid professional whose sole job is to point out all your lapses.

In many states the foreclosure process is designed to have minimal court intervention. The lenders are expected to follow a rigid set of rules regarding notice and timelines but often judges never have to get involved. The statutes are set up so that the borrower can object at any time and bring the matter in front of the judge for correction. However, judges are well aware that lenders have money and borrowers do not. Due to this, the judges are more reliant than usual on the veracity and completeness of the information provided by the lender’s attorney. A lender’s attorney who abuses that trust is asking for trouble.

My suggestion is to get some popcorn, crack open a beer, and sit back. This is going to be a good show.

Marc P Says:

November 5th, 2010 at 3:25 pm

Judges are board? Duh. Bored. Sorry.

Florida’s “Too Big for Fraud” Court System | The Big Picture Says:

November 11th, 2010 at 7:21 am

The Foreclosure Zoo (November 5th,

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bench craft company rip off

Fox News Co-Host Bill Hemmer Is An Adrenaline Junkie

Former bungee jumper now gets his thrills the way many people do -- from Fox News Channel.

News - Justin Bieber Cancels German TV Gig After Stunt Goes Awry ...

The teen singer scraps his performance after a man is severely injured on the popular series Wetten Dass.

Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker

bench craft company rip off

Fox News Co-Host Bill Hemmer Is An Adrenaline Junkie

Former bungee jumper now gets his thrills the way many people do -- from Fox News Channel.

News - Justin Bieber Cancels German TV Gig After Stunt Goes Awry ...

The teen singer scraps his performance after a man is severely injured on the popular series Wetten Dass.

Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker

bench craft company rip off

Fox News Co-Host Bill Hemmer Is An Adrenaline Junkie

Former bungee jumper now gets his thrills the way many people do -- from Fox News Channel.

News - Justin Bieber Cancels German TV Gig After Stunt Goes Awry ...

The teen singer scraps his performance after a man is severely injured on the popular series Wetten Dass.

Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker

bench craft company rip off

Fox News Co-Host Bill Hemmer Is An Adrenaline Junkie

Former bungee jumper now gets his thrills the way many people do -- from Fox News Channel.

News - Justin Bieber Cancels German TV Gig After Stunt Goes Awry ...

The teen singer scraps his performance after a man is severely injured on the popular series Wetten Dass.

Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker

Wednesday, December 1, 2010

managing your personal finances

In the digital age, nobody likes carrying a lot of cash around – I know I don’t, anyway. This can be especially frustrating when you go to keep track of your expenses, who you owe money to, who you lent some to and just where it all goes over the month.

As always, there are a lot of apps out there to help you do various things with your money. There are apps to figure out how to manage your money, oversee expenses, send money to people, keep track of who owes you, and more.

In this article, I’ll show you some of the applications you can take advantage of to do everything I’ve mentioned here, leaving you free to pick and choose the apps that will make your life easier.

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How to Manage Your Money

I’m beginning to learn just how difficult managing your expenses can be. For the most part, I use my debit card tied to my checking account to make purchases. I use it at the grocery store, when I go out to lunch with my coworkers and on the weekend when I’m out exploring the city.

At the end of the month, my bank statement looks pretty ridiculous. All of these small transactions make it difficult to sift through. I still know what everything is, but if I wanted to see where I could be saving some money I wouldn’t know the first place to look.

Sounds like you? Even if it doesn’t, you could still reap the benefits of visually being able to manage your money. These apps make the process a lot easier.

Mint

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Mint has been on our radar since back in 2007 when Karl wrote about it. Plain and simple, if there is one app I want you to keep in mind it’s this one.

Mint is a free personal finance application that can help you compare your bank accounts, credit cards, CDs, brokerage and 401(k) to the best products out there. It offers a visual representation of your finances and is very easy to set up. Use it to manage your budget, get credit card advice and understand investing.

Here’s a great video showcasing an overview of Mint’s features:

For some helpful tips on how to use Mint, check out Bakari’s article on How To Use Mint To Manage Your Budget & Spendings Online.

Thrive

Thrive (directory app) is also a great application if you’re looking for a simple way to keep track of your spending. With Thrive, you get an overall Financial Health score, which is one number that shows you how financially fit you are. It also shows you scores in other areas and offers you advice on how to make improvements.

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Thrive breaks down your spending for you and shows you where you can save. Compare your current budget to last month’s, as well as view a six month average and target budgets to follow.

Texthog

Looking for an even simpler way to track expenses? Texthog (directory app) lets you easily store, organize and access your receipts, expense reports and more via text message, the web, your email, iPhone and even Twitter.

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A Texthog free account gives one user the ability to track expenses, view unlimited reports and get budget/bill reminders. Take a photo of your receipts and utilize tags and categories to keep track of everything.

To check out Texthog on your iPhone, you can find the application on iTunes.

Venmo

Speaking of text messages, have you heard of Venmo? Venmo (directory app) is a nice little app that lets you pay and charge friends with your phone. Send and receive secure payments by linking your card to your account. This allows you to settle small loans you give/get by eliminating paper transactions for small amounts of money.

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To use Venmo, all you do is create an account. You can then send and receive money to other accounts simply by using text commands in SMS. Accept a “trust” request from your friends and make transactions without having to authorize them by texting a 3 digit code.

This is a pretty solid application that I have been using a lot lately with my friends/coworkers. It’s great for when a bunch of you are out to lunch and not everyone has cash on them. “I’ll just put it on my card and Venmo you all afterwards.”

Owe Me Cash

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Owe Me Cash is a nice app I found recently that is also very easy to use. If someone owes you money, you just sign into Owe Me Cash with your Twitter, Facebook, OpenID, or regular account and tell the app about the debt. The app will send automatic reminders to those that owe you money by phone, text and email, so you can get paid!

This app is more fun than serious, but it doubles as an easy way to keep track of who owes you what. Let the app bug your friends to pay you so you don’t have to do it yourself – it’s a win-win.

Conclusion

With these applications, your finances will never look better. Say goodbye to paper money and change.

What do you think of these money-managing applications? Will you be using any of them?

Image Credit: marema

Automate Your Finances to Spend Less Time Managing Your Accounts

Despite how simple the process can be, most of us are terrible at saving and paying bills. Here's a strategy to effectively automate most of your finances to keep you saving and out of late fee trouble.

Ramit Sethi of I Will Teach You To Be Rich.com has put together a system for managing your personal finances that only takes about an hour of your time each week. The video above fully explains the process in detail, but here's the gist. First, you want to set up your bills and other payments so they're all happening on the day you get your first paycheck of the month (the first of the month for most people). Once you have that in place, you want to set up automatic savings plans (Sethi suggests using Ing Direct) with sub-savings accounts that let you organize your savings into specific categories (vacation, wedding, etc.). You'll also want to send a percentage of your paycheck to your 401k, and have all of this happen immediately so that the money you see when you get paid is the money left when everything has already been saved. From there, you automatically pay as many bills as you can with your credit card (and then pay the credit card bill on pay day). For the bills you can't pay with your credit card (like rent, in most cases), you can use your online banking to automatically issue a check. This will leave a little money leftover in your checking account that you can use to budget for guilt-free spending and cash withdrawals.

As someone who's often fallen victim to the faults of automatic payments systems (despite frequently using them), definitely do not forget to stay on top of your bills nonetheless. Make sure you set some time aside at least once a month to do a little maintenance and make sure there are no bugs causing your automated finance system to break down. Sethi isn't suggesting a set-it-and-forget-it automated finance system by any means, but as someone who hates paying bills I know how easy it can be to procrastinate and ignore the task. If you set up a good automated system like this one, you'll be at a point where all you have to do is watch and fix the occasional problem as the most important things are being taken care of for you.

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