Attorney Admits Foreclosure Defense Always Fails

But Foreclosure Pretender Defenders (FPDs) Scam Their Clients Anyway

Portions Copyright 22 February 2014. All rights reserved. Distribute freely.

Note: in this article I shall refer to Foreclosure Pretender Defenders as FPDs

Table of Contents
Ta pa !ay "ournalist #usan $artin %&poses FPD 'a()et........................................................................1 Fore(losure Pretender Defenders *FPDs+ Prey on Fore(losure ,i(ti s....................................................2 The -nly !attle Fore(losure ,i(ti s Can .in........................................................................................../ Co prehensive $ortgage %&a ination to the 'es(ue..............................................................................4 Three Cases in Point..................................................................................................................................4 0egal $alpra(ti(e %asier to Prove 1ith $ortgage %&a inations.............................................................4 A eri(a 2eeds a $ortgage3Atta() 0egal Culture.....................................................................................4 Clarion Call for 'eporters and "ournalists.................................................................................................4 -)ay5 Ti e to Call !ob 6urt.....................................................................................................................7

Tampa Bay Journalist Susan Martin Exposes FPD ac!et

"I fight like hell for people, but I'm also constantly telling my clients that at the end you're probably going to lose it.'' Mark topa, !ampa "ay area #oreclosure $retense %efense &#$%' attorney.
http:(())).tampabay.com(ne)s(confusing*la)yer*fees*complicate*foreclosure*battles(++,-.,+

Ta pa !ay Ti es .riter #usan Taylor $artin 2A80%D 8T in her 2 "une 2011 arti(le re(ounting her above3(ited intervie1 of attorney $ar) #topa. #he 1rote this9 /ith 011,233 #lorida mortgages in default, more and more la)yers are 4o)ing to 'help you fight foreclosure.' 5 "ut no matter )hat the client chooses, the bottom line is usually this: 6iring an attorney )ill delay a final 7udgment of foreclosure, but it )on't keep the bank from ultimately taking back the house. $artin pointed out that the (lient (ould hope for nothing better than to avoid a defi(ien(y :udg ent in the final order of fore(losure. #he ;uoted #topa as saying this9 "!he hope is that by making it difficult for the bank, they'll get frustrated and )ork out some sort of solution my clients )ant,'' Here we have a prominent Foreclosure Pretender Defender attorney (FPD) admitting to a world-class journalist that he cannot win a foreclosure battle at all. he client will lose the house! period! end of subject. " don#t $now how %artin got that admission from &topa! but
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she has become my hero for doing it. 'merica needs more reporters(writers with %artin#s talent and lust for truth. " applaud %artin#s incisive! and uni)uely honest! reporting about the the Foreclosure Pretense Defense (FPD) *scam+ which lawyers li$e %ar$ &topa perpetrate across 'merica. " have tirelessly e,posed this flagrant legal malpractice! to the chagrin of some of those attorneys. 'nd " now highlight %artin#s article here in my own commentary about %ar$ &topa#s outing of himself and fellow Foreclosure Pretender Defender attorneys (FPDs) in his interview with %artin. " congratulate %artin on getting that admission from &topa. " wor$ tirelessly to e,pose the Foreclosure Pretense Defense (FPD) scam perpetrated by %ar$ &topa! %att -eidner! .andall .eder! om "ce! %i$e -asyli$! and lawyers li$e them. " also e,pose their fellow scammers li$e 'yan <i er an and 'i(hard =ahn who provide fa$e *loan audits+ or worthless *securiti/ation audits!+ and chain of title audits. &ee my articles at http9>>li&e.org. 0ut " don#t have the altitude and readership of %artin! so not enough mortgage victims see my commentaries in time to save themselves from the vampire vultures of the foreclosure defense industry! including fa$e loan auditors and worthless securiti/ation auditors.

Foreclosure Pretender Defenders "FPDs# Prey on Foreclosure $ictims

FPDs prefer to call themselves *12D "s+ in and around the ampa 0ay area. FPD %att -eidner of &t. Pete e,pained at http9>> att1eidnerla1.(o >20113rise3of3the3:edti31arriors>3 JEDTI= Jurists Engaged in Defense of Title Integrity. The first JEDTI group was formed by Clearwater, Florida attorney and title insuran e e!pert "reg Clar#. It$s a ohesi%e group of att&rney members with %ast and %aried legal ba #grounds and areas of e!pertise, in luding appellate law, trial wor#, orporate and business transa tional and litigation e!perien e. The members are ommitted to defending 'udges and our ourts and to sounding the alarm that today$s sloppy and improper foreclosure practices are going to ha%e atastrophi onse(uen es on property ownership in this ountry for de ades to ome. JEDTI presents both a warning and a solution.) http3((mattweidnerlaw.com(4566-rise-of-the-jedti-warriors( he reader can see from -eidner#s laudatory comments that he has a slobbering love affair with fellow FPDs. hey intend to whine over wrongful foreclosure while $nowing with absolute certainty that the client breached the note by failing to ma$e timely payments! and that the law re)uires the judge to enforce the note and mortgage by ordering the sale of the house in order to raise money to discharge the note. hese days that generally results in giving the house to the foreclosure plaintiff because the loan balance far e,ceeds the amount the house will bring at auction.

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0ut the FPDs 7282. intend to e,amine the mortgage or attac$ the lender and lender#s agents for underlying causes of action. hey generally do not have the legal $nowledge and s$ill to do such an e,amination! and they typically would have to invest 965!555 of lawyer time doing it "F they had the re)uisite competence. heir mostly impoverished clients cannot afford that. 0ut those slic$ lawyers $now full well that clients can probably afford to pay them 9:55 to 96555 a month for as long as the lawyer can $eep them in the house. "t never occurs to the clients that they can drag out the inevitable foreclosure on their own! without a lawyer#s help by using the loss mitigation methods or .egulation ; to negotiate short sale! loan mod! deed in lieu of foreclosure! etc. "nstead of telling their clients this reality! they lead the clients into paying them even more for arranging loan mods and short sales! a service for which most clients don#t need a lawyer. 0ottom line! FPDs and 12D " attorneys dealing with foreclosure defendants generally fight the wrong battle! one they can only lose. hey never seem to want to fight the one battle they might win < the mortgage battle. "n the mortgage battle! they can get the mortgage e,amined to find the causes of action! and then use those causes as a hammer to bludgeon the ban$ through settlement or lawsuit into giving the client compensation for the injury. Done right! they can win monumental damages awards and legal fees for the client.

T%e &nly Battle Foreclosure $ictims Can 'in

&ee !ro1n v. ?ui()en 0oans as an e,ample of helping mortgage victims the right way. he attorney! one of apparently rare talent! e,amined the foreclosure victim#s mortgage and found massive contract breaches and torts. ' settlement effort failed. 0ut the attorney won 94.6 million in punitive damages for 0rown! and half a million for his firm. =uic$en appealed! the case went bac$ to trial! and won nearly 9>.? million for 0rown and @ million for the firm. Aast time " loo$ed the dust had not yet settled! but this predatory lending scam of =uic$en Aoans will end up grossing over 9: million for 0rown and her attorney. FPD#s should snatch a page from that lawyer#s noteboo$ and learn how to do what "#ve preached for the past several years. " encourage attorneys and mortgage victims to focus on the mortgage battle because that gives them some hope of winning. he FC8C .eport of 1anuary 4566 e,posed the conspiracy between government and the lending industry in a predatory lending rac$et that created the recent financial crisis. %ortgagors get nowhere with that argument in court. hey need specific proof that the lender or lender#s agents injured them individually and personally. 0ut FPD attoneys li$e &topa never bother e,amining the foreclosure victim#s mortgage-related documents comprehensively for evidence of torts! breaches! and legal errors that injured the mortgagor. &o they always lose in court. he FPDs try to claim they won when they get a temporary dismissal! but they all $now! as &topa admitted to %artin! that the borrower will ultimately lose the house to foreclosure sale.

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Compre%ensi(e Mort)a)e Examination to t%e escue

" $now only one company that has the demonstrable competence to e,amine mortgages and F"7D the causes of action for a fourth to a tenth the price a competent law firm would charge he Bhief 2,aminer has >: years as a criminal defense consultant and ? years as a mortgage e,aminer. He teaches lawyers how to strategi/e and engineer a win! and sits beside them in court to guide them as necessary. " don#t $now any lawyer or loan auditor or other professional with his e,perience and ability. He does his job impeccably.

T%ree Cases in Point

" $now two ampa 0ay area professional women! one a .ealtor("nvestor and the other a free-lance Bourt .eporter! who hired that company! received mortgage e,amination reports in less than 4 wee$s! and found out that lenders or their agents had cheated them. he realtor had paid attorney C6 945!555 to defend her against the foreclosure! but she lost her home because he did not find and use the causes of action within the statute of limitations when he had the chance. he Bourt .eporter had paid 'ttorney C4 monthly for D2'.& while he sat on the same papers she gave the mortgage e,aminer. En the verge of losing her house! she went bac$ to 'ttorney C4 after firing him and as$ed him to help save her house using the information in the e,amination report. He did not want to do it! of course! because it ma$es him loo$ li$e a fool. 'nd " believe he will sabotage the case rather than admitting he committed A2F'A %'AP.'B "B2 against his client! and in fact against 'AA of his foreclosure victim clients. En top of this! " $now a professional woman with a PhD in drug counseling who lives in the 1upiter area of south Florida. he lender! the servicer! and 'ttorney C> cheated her. " first learned about her when " saw a 8 news show about her pic$eting in front of the lawyer#s office. ' landscaper ac)uaintance of hers called me (after reading one of my articles) while they lunched together and discussed her case. hey had the same misfortune with the same lawyer telling them to breach their notes to )ualify for a loan mod. He gouged money out of them monthly for D2'.&. he drug counselor got her mortgage e,amined and found another lawyer. 0ecause of her and other#s complaints 'ttorney C>! the 0ar told him to yield his bar license Gor else!G so he gave up his license. 7ow the landscaper has finally! after losing and leaving her house! decided to get her mortgage e,amined. 7ow she has a least a ghost of a chance of winning something from the ban$.

*e)al Malpractice Easier to Pro(e wit% Mort)a)e Examinations

Hnderstand this point about the legal malpractice! such as the above! rife in the FPD community. Aegal malpractice happens when an attorney breaches a duty to a client! and the client suffers an injury and damages as a result. 'n attorney owes to the client who as$s for help defending a breach of contract lawsuit (such as foreclosure) the legal duty of e,amining that contract and related documents and assessing all surrounding circumstances in an effort
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to discover whether the plaintiff or original lender breached the contract first! committed some related tortious act against the client! or committed some legal error related to lending and servicing the contract during its duration. ' lawyer who fails to do that does not commit legal malpractice H7A2&& the client suffers damages as a result. 'pparently! Foreclosure Pretender Defender attorneys (FPDs) feel safe not searching for causes of action because they $now the mortgagor-client e,pects to lose the house anyway. 0ut! if the client loses the house to foreclosure because the attorney failed to e,amine the mortgage! and then the client gets a mortgage e,amination done which shows egregious causes of action that could have convince the plaintiff to let the mortgage victim $eep the house! H27 loss of the house constitutes an enormous damage. " believe most foreclosure victims whom FPDs have injured that way BEHAD prevail in a legal malpractice lawsuit against the FPD.

America +eeds a Mort)a)e,Attac! *e)al Culture

Hnfortunately! 'merica has no *%ortgage 'ttac$+ legal culture. &o! lawyers don#t $now how to do proper mortgage e,aminations! lust too much for the money to pay for one! feel entirely too la/y to attac$ the lender and lender#s agents over causes of action the e,am report reveals! and FPDs manage to ma$e plenty of money from the thousands of people they have bil$ed by filing coo$ie cutter pleadings other FPDs have shared with them (such as through the 12D " group connections). heir clients always lose the house in the end if they don#t do a loan mod.

Clarion Call for

eporters and Journalists

o any journalist of altitude who will commit to doing this story justice! "#ll give you the contact information for the foreclosure victims! their croo$ed lawyers! and the mortgage e,aminer. "t#s up to you to get the lawyers to tal$ with you. he e,aminer is my personal friend! and he will gladly give you his story. 'nd " believe the foreclosure victims will gladly give you their stories. Here#s the point3 "f the public really understood that lenders and their agents injured I out of 65 home mortgagors! and that a proper mortgage e,amination could provide them with proof that their lender injured them! H' might cause a rush to get proper mortgage e,aminations! even after the victims lost their houses to foreclosure. hat could lead to a flurry of legal malpractice lawsuits and litigation against recalcitrant lenders who cheated their borrowers since before the financial crisis began. Finally! mortgagors might get to save their homes from the ravenous jaws of foreclosure. " imagine ban$s have their hoo$s into mainstream media boards of directors and they will never allow journalists and reporters to such a damaging e,posure of malfeasance by lenders! appraisers! mortgage bro$ers! and lawyers. 0ut &E%20EDD with a voice EHFH to do it. " just don#t have the re)uisite altitude! credentials! or voice.
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&!ay- Time to Call Bob .urt

Ball me if you want information on how to get a proper mortgage e,amination and want to $now how to use the information it provides. Ball me if you wor$ gainfully as a journalist or reporter and feel willing to e,pose the corrupt underbelly of avarice and malpractice in the Foreclosure Pretense Defense (FPD) legal industry. %eanwhile! remember that " am not a licensed attorney! " do not practice law or give legal advice! and you should consult a competent! )ualified attorney in all )uestions of law and its application to your circumstances.

Bob Hurt Blog 1 2 3 f t 2470 Persian Drive @A0 Clear1ater5 F0 //A7/ % ail or Call e 3 *A2A+ 77B34411 0a1 #tudies9 Donate #ubs(ribe 0earn to 0itigate 1ith "urisdi(tionary

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