Avoiding Foreclosure for 25 Years
So one lady stopped paying her mortgage back in 1985, but she has used the system, and lots of legal rigamarole to keep from being foreclosed on.
Ms. Campbell, who is handling her case these days without a lawyer, has learned how to work the ropes of the legal system so well that she has met every attempt by a lender to repossess her home with multiple appeals and counteractions, burying the plaintiffs facing her under piles of paperwork.
“She offers no apologies for not paying her mortgage for 25 years, saying that when a foreclosure is in dispute, borrowers are entitled to stop making payments until the courts resolve the matter.”
Pity she didn’t go to law school… Actually, I say that about a number of my clients.
These people seem to be keeping the wolves at bay…
Many, if not most, foreclosure defense lawsuits where the homeowner represents themselves are thrown out of court. The Morrows, of White Sulphur Springs, Montana had that happen to them even though they were represented by a lawyer. However, in their case, the Montana Supreme Court reversed that decision and said the case should go to trial.
The key to this success?
“Heenan [the Morrows’ lawyer] said a key factor in the case is that Abraham Morrow is a retired accountant and small-business owner who kept meticulous notes of every conversation he had with Bank of America representatives.”
If you can fight the bullies, do it!
Avoiding Foreclosure with Vigilante Lawyers
And then we have the vigilante lawyers who save others from being foreclosed on.
Thompson said he still has new clients coming to his office daily. Most don’t have the exact situation as his, where the payments were current but not applied to the account. The biggest percentage, he said, are struggling because of a loss of income and are seeking loan modifications to make payments more manageable, but were told by their mortgage holder they weren’t eligible either because they weren’t behind or far enough behind.
Thompson said being behind on mortgage payments isn’t a requirement of federally funded modification programs. But, on the assumption that it was, he said, his clients missed payments in hopes of qualifying for modifications, then found themselves in foreclosure with their lender refusing to accept more payments. Thompson calls that being “lured into default.”
Out of hundreds of cases he’s reviewed in the past two and a half years, he said, there wasn’t a single one where he didn’t find fraud or at least errors in the records. So far, he said, he has not yet been able to say to a homeowner, “I can’t help you because the bank did everything right.” see
And the vigilante foreclosure movement seems to be on the rise!
Pines, with his his vigilante approach, is undeterred. Last week he also brought out a locksmith to help an Escondido family with three children regain entry to the home from which they were evicted. He says that he’s not giving up until the foreclosure process is changed, because in his clients’ cases the foreclosures were conducted fraudulently. Attorneys general across the U.S. have called for a temporary halt to foreclosures because, they say, many were not conducted properly, resulting in some homeowners wrongfully being evicted from their homes.
If you need help in fighting foreclosure, foreclosure mediation or bankruptcy, phone Christine Axsmith, Esq. of Axsmith Law LLC at (202) 285-5415. But don’t break the law. Or at least phone me before you do. We can talk about it first.