Lending Industry Attacks California Homeowner’s Rights to Legal Representation

Lengthy Beach, Calif. (PRWEB) July 7, 2009

The lending business and loan servicing lobbyists have effectively pressured Governor Schwarzenegger to demand that language be integrated in SB 94 that would prohibit attorneys from accepting retainers for loan modification negotiations with their loan servicers. The language, if adopted, will stop homeowners from seeking legal representation to save their property from foreclosure.

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According to Martin Andelman, of mandelmanmatters on ml-implode.com, “California homeowners are the ones losing right here … This is just the banking lobby influencing our government after once more.” Andelman has been an outspoken advocate for homeowner rights and writes a column for The Mortgage Lender Implode-o-meter and the Niche Report magazine.

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The language proposed is as follows, according to Andelman

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“five) Prohibits persons such as attorneys, until January 1, 2013, who negotiates, attempts to negotiate, arranges, attempts to arrange, or otherwise offers to perform a mortgage loan modification or other compensation paid by the borrower to do any of the following:

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a) Claim, demand, charge, collect, or receive any compensation until soon after the licensee has fully performed every single and each and every service the licensee contracted to execute or represented that he/she would execute.”

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The proposed language will properly cut-off property owners from legal representation, while banks and loan servicers have a battery of attorneys dictating policies that are in their interests and leaving property owners to fend for themselves. Attorneys who legitimately represent their client’s interests to achieve long-term modifications invest months of work, countless hours and delaying techniques by the loan servicers who only respond to the threat of litigation.

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Alan Jablonski, a Extended Beach, CA primarily based customer rights attorney and author of ”Successfully Navigating the Mortgage Maze” stated, “the modifications that the loan servicers are offering property owners, if they will even talk with them, are brief term fixes that will leave the property owners facing foreclosure at a later date.”

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The language may possibly also affect property owners who are seeking bankruptcy protection, because attorneys practicing in this location also operate to keep home owners in their properties. Most home owners want to keep in their houses, even if they owe a lot more than the residence is worth.

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J. Arthur Roberts, a bankruptcy lawyer positioned in Newport Beach, CA stated, “this language is of wonderful concern, several property owners who contact our workplace are attempting to save their residences and we never know how this will have an effect on our practice, property owners want attorneys to look into violations of state and federal law, it depends upon how this law will be interpreted.”

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Jablonski continued, “attorneys will not be in a position to support homeowners, because considerably of the time, if the attorney doesn’t get a retainer they have no way to be paid for their servicers, violations of the law will go unchallenged and these who could have remained in their houses will have no recourse.”

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“No lawyer can guarantee an outcome, it is in our code of ethics and would irresponsible, but the only point this language will do is drive property owners to disreputable loan modification firms who will violate the law regardless of its passage,” Jablonski said.

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In 2008, California passed new laws that required lenders to perform with home owners and many attorneys are utilizing these and other laws to fight for options to the foreclosure epidemic in the state. Several think the monetary industry is attempting to get rid of any possibility homeowners have of staying in their houses for the extended-term.

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Alan Jablonski can be contacted and will be offered for appearances on brief deadlines at 562.235.5709. Martin Andelman and J. Arthur Roberts are accessible for appearances and additional comments.

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United Law Group Joins More Than 30 Best Law Firms In Crisis Commission on Homeowner Representation


Irvine, CA (Vocus) September 17, 2009

United Law Group, the major provider of legal foreclosure prevention and foreclosure litigation services these days announced that it joined forces with more than 30 top law firms becoming element of the Crisis Commission on Homeowner Representation. The commission’s very first objective is to seek the modification of language in SB 94 that would impede the rights of distressed home owners by producing it not possible for attorneys to offer counsel in these scenarios.

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SB 94 raised concern in the legal community since, as it reads at the moment, the bill would prohibit lawyers from accepting a retainer up front for solutions. Members of the commission assert that this bill would negatively influence the constitutional rights of distressed homeowners to seek representation by stopping attorneys from providing services connected to house loan modification and foreclosure prevention.

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“Primarily, it is a bill that will block a homeowner from acquiring legal representation when they are at risk of losing their property to foreclosure,” stated Martin Andelman.

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According to Robert Scurrah of CDA Law Center, “SB94 is fundamentally defective. The notion of protecting a consumer will be entirely eroded by the elimination of representation by licensed attorneys.”

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The commission asserts that fees at the moment charged by attorneys are really modest when compared with the quantity of time and effort involved, the knowledge needed and the charges incurred by attorneys to support any loan modification. Customers engaging a lawyer for any other project in Orange County could spend $ 300 or a lot more per hour. Actual estate law firms allow buyers to engage the solutions of a lawyer for somewhere in between $ 1,500 and $ 3,000.

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“In a contingency case it’s worth the danger, because there is a charge waiting for you at the other side,” mentioned Zshonette Reed of Lorden &amp Reed. “But attorneys cannot afford the overhead commitment for a $ two,000-$ three,000 fee.”

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Robert Buscho of United Law Group adds, “The consequence of this bill is that home owners are not in a position to get representation due to the fact the attorneys can not afford to become unsecured creditors to men and women who are currently struggling financially.”

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Proponents support SB 94 because of concern for the unknown quantity of loan modification scams that exist all through the state and the number of complaints that have been received by the State Bar.

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Buscho asserts that SB 94 would punish distressed home owners, not the scam artists.

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“Enforcing present laws will take care of the scammers,” stated Buscho. “SB 94 would punish distressed homeowners. There is no purpose to pass a law that will deprive home owners of legal representation at a time when they want it most.”

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About United Law Group&#13

United Law Group is a national law firm with offices in California, New York, Florida, Ohio, Nevada &amp Arizona. It is the largest foreclosure prevention and litigation firm in the nation with attorneys licensed in each state. Committed to assisting property owners facing hardships to preserve their homes, United Law Group utilizes legal channels to compel banks to modify adjustable-price to fixed-rate mortgages, decrease principal and interest, and produce other fair options among the lender and borrower.

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For additional information on United Law Group, check out: http://www.unitedlawgroup.com or call Corvi Urling, Executive Consultant for United Law Group at (800) 680-5717.

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An Affordable Forensic Loan Audit by Forensic Auditor Services and the Appropriate Legal Representation Can Help Save a Property

Henderson, NV (PRWEB) August 26, 2011

Homeowner rights below Regulation Z are being violated and continue to develop at astounding rates, as proof of mortgage fraud becomes much more prevalent all through mortgage documents. Forensic Auditor Services provides 70% off their forensic audits beginning August 2011. With the increasing number of foreclosures, these audits have become a essential issue when it comes to saving a property.

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Regulation Z is a federal law requiring lenders to totally disclose in writing the terms and situations of a mortgage. Regulationz.org is an on-line service that supplies homeowners a forensic loan audit, at an really low cost. Regulationz.org also donates 40% of their sales to regional charities to assist struggling property owners. For only $ 295.00, a 70% discount from retail rates, Regulationz.org will help homeowners learn regardless of whether their lender has violated state or federal laws and can help a homeowner determine how to proceed if one learns these rights have been violated. Even if a home is in foreclosure, if violations prove particular, then a mortgage company might not be legally able to foreclose on a property. Court instances have reversed foreclosure primarily based on a forensic loan audit, proving that a homeowner can nevertheless save their residence if they have the appropriate evidence against their lender. Some of these audits sell for thousands of dollars but it is no longer essential to overpay for the same benefits.

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Forensic audits have turn out to be popular in terms of organizations stating they can supply a indicates to assist maintain a house from foreclosure or reduced an current mortgage price. What a lot of individuals do not know is how crucial these audits are in proving fraudulent activity below Regulation Z inside a mortgage. According to a report issued by FDIC, as higher as 80% of federally supervised banks that created loans for the duration of the mortgage boom were cited for patterns of compliance violations”. It is crucial for a homeowner, who is present on their mortgage payments, to know whether they could be paying on a poor mortgage. Or if a mortgage is in default then the audit might provide a cause for mortgage firms to negotiate with a homeowner whose property is underwater or who have attempted for a loan modification which at some point led to foreclosure. A mortgage lender with proven violations could owe a homeowner thousands of dollars a forensic loan audit is the initial step to take to reclaim what may possibly be owed.

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Audits alone will not aid a homeowner fight or cease a foreclosure it is a tool utilized for an attorney representing the homeowner to develop a foreclosure defense against the lender. Regulationz.org can help a homeowner determine if they have been a victim of fraud and can refer them to an lawyer that can offer you legal tips.

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Home owners need to have to find out their rights to defend against a fraudulent mortgage, which could save their property from foreclosure. The right tools will aid, Regulationz.org can supply them.

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UFAN Legal Group Achieves Good results in Unlawful Detainer Representation


Roseville, California (PRWEB) March 19, 2012

UFAN Legal Group lately won a landmark victory in combating an unlawful detainer brought by the Bank of New York Mellon against a California homeowner. The case, number CVL001156, was prior to the Merced Superior Court which granted UFANs motion to quash service of the unlawful detainer complaint. UFAN argued in its motion and at oral argument that the Merced court did not have jurisdiction to hear the unlawful detainer trial. The courts ruling was the most recent victory for UFAN in its efforts to fight for the rights of California property owners.

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We are incredibly pleased with UFANs outcomes as a result far, says the homeowner, Susan Jensen. All we want is for the banks to function with us and the other home owners who have been wronged.

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Mrs. Jensen and her husband Michael retained UFAN for litigation against Bank of America and Bank of New York Mellon this past summer season. A complaint was filed on their behalf and on behalf of quite a few other home owners on August 17, 2011 in Sacramento Superior Court (case number 34-2011-00109314). That case alleges quite a few causes of action which dispute the banks proper to title and the right to foreclose. The Jensens themselves had been led to believe that they were nevertheless getting regarded for a loan modification, which brought on the Jensens not to pursue obtainable legal action. Whilst in the modification approach and whilst promised foreclosure action was halted their house was foreclosed.

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UFAN based its motion to quash service of summons on the grounds that it is improper to hear an unlawful detainer action prior to a decision on the merits of the property owners claims against the bank. Due to the fact the unlawful detainer court is a court of limited jurisdiction and the proceedings are summary in nature, the complicated issues of title can’t be heard there. That is why those concerns have been brought in an limitless civil action exactly where they can properly be heard. To decide possession before a determination on the concerns of title frustrates due procedure. UFAN argued that it is necessary for the two actions to be heard in the identical proceeding and that the Sacramento court has already exercised exclusive jurisdiction. UFANs argument was effective and the Merced Court dismissed the pending unlawful detainer action.

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UFAN has faced an uphill battle in receiving unlawful detainer court judges to recognize that the unlawful detainer court does not have jurisdiction, and hence, ought to not authorize an eviction of a homeowner prior to that person has had their day in court.

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Even though quashing service of summons was a victory, the banks may nonetheless attempt to take the Jensens house in the short term. UFAN, even so, will fight every single step of the way for the Jensens and other customers who could face unlawful detainer.

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ABOUT THE UNITED FORECLOSURE Attorney NETWORK

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UFAN Legal Group, Pc dba United Foreclosure Attorney Network (UFAN) is a Roseville, California-based law firm delivering mortgage litigation and other debt associated legal services. The dedicated attorneys and staff at UFAN function tirelessly to seek justice and fight for the rights of its consumers. For a lot more details get in touch with toll free 1-866-400-4242.

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This release could constitute lawyer advertisement. Kristin Crone, Esq. is the attorney responsible for this advertisement. The information in this release and on the UFAN web site (ufanlaw.com) is for common details purposes only. Nothing at all in this release or on the UFAN internet site must be taken as legal guidance. Prior successes are no assure of future efficiency. Litigation is inherently uncertain and final results in litigation are never assured.

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Associated Loan Modification Services Press Releases

Home owners Customer Center Endorses The Law Workplace of M. E. Ludt, LLC For U.S. Homeowners Looking for Mortgage Representation For Loan Modifications Or Pre Foreclosure


(PRWEB) Might 08, 2012

The Property owners Customer Center is encouraging any U.S. homeowner nationwide to make contact with the Law Office of M. E. Ludt, LLC, if they are in search of mortgage legal guidance, pre-foreclosure assist, foreclosure defense, or to negotiate a much better mortgage. The Law Office of M. E. Ludt, LLC also assists with loan servicing nightmares, where the bank or loan servicer has not properly applied mortgage payment to the homeowner’s account and as a outcome the homeowner is now in default. For far more details homeowners looking for these varieties of solutions are strongly encouraged to make contact with the Law Office of M. E. Ludt, LLC at 1 (888) 364-8844, or to get in touch with the group via their net website at http://MELudtLaw.us.

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The Home owners Consumer Center is a single of the greatest branded home owners advocates in the United States, and the group seldom endorses any firm supplying homeowner solutions. Tragically, with so many millions of individuals, or households struggling to save their properties, all too typically home owners are bombarded with confusing information relating to obtainable mortgage relief programs and not knowing who they can trust for reputable legal assistance. For this explanation the Property owners Customer Center is endorsing The Minneapolis based Law Workplace of M. E. Ludt, LLC for an unsurpassed nationwide legal service for homeowners seeking a loan modification, foreclosure defense, or a mortgage workout. For much more info please call the law firm of M.E. Ludt at 1 (888) 364-8844.

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The Homeowners Consumer Center states, “The foreclosure defense attorneys of the Law Office of M. E. Ludt, LLC are a nationwide team of attorneys that offer you comprehensive mortgage representation. Their representation includes regional of counsel attorneys in ALL 50 STATES. The Law Workplace of M. E. Ludt, LLC and its nationwide network of attorneys will represent you in court, mediation hearings, and or in the course of the complete loan renegotiation procedure.” The Property owners Consumer Center is urging property owners searching for a loan modification, foreclosure defense, or mortgage workouts to make use of the unequaled talents of the Law Workplace of M. E. Ludt, LLC in all US states. For a lot more information please make contact with the Law Workplace of M. E. Ludt, LLC at 1 (888) 364-8844 or go to http://MELudtLaw.us.

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Matthew Ludt, the senior lawyer at the Law Workplace of M. E. Ludt, LLC stated, “We understand how critical your property is to you and your loved ones. We take the time to assessment your scenario and give you an sincere and realistic assessment of the choices accessible to you just before contemplating an agreement for services. Your home is one particular of your most precious assets. Our toll cost-free quantity is 1 (888) 364-8844 and our web site is http://MELudtLaw.us.

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The Property owners Consumer Center says, “We know there are millions of home owners that are struggling to hold onto their residence due to revenue or expense hardships. We also know many of these property owners have currently received a default notice, or threatening lenders from their mortgage company, or property owners have received paperwork about a foreclosure. In other circumstances the homeowner just desires to get a loan modification, with the help of a respected law firm, with a network of attorneys nationwide. If this is you, we are encouraging you to contact the Law Office of M. E. Ludt, LLC at 1 (888) 364-8844.” http://HomeownersConsumerCenter.Com

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News for Homeowners; Reaching U Network is Now in 20 States Offering Affordable Legal Representation for Struggling Homeowners Not Able to Make Their Mortgage Payments

Miami, FL (PRWEB) May 11, 2011

Anyone denied a loan modification or can’t get through to your lender, help is on the way.

Reaching U Network is a 501c3 non-profit organization that is linked to Freedom Legal Plans by a long time service contract that provides low cost legal representation to homeowners facing foreclosure. Unlike most pre-paid legal services, Freedom Legal Plans specializes on providing members with immediate legal representation. Most homeowners facing foreclosure today need representation but can’t afford to hire an attorney. Reaching U Network helps struggling homeowners by offering different affordable payment options for those who qualify. In extreme cases, Reaching U Network, with the help of Freedom Legal Plans, will sometimes offer free representation with a network attorney.

Reaching U Network surveys homeowners about their legal options and also raises awareness thru television, marketing campaigns, and local workshops.

Members pay a $ 15.00 per month membership fee to access affordable legal representation provided by the Freedom Legal Network of attorneys. Members’ fee is tax deductible and is used to fund legal representation for homeowners with serious hardships such as unemployment.

Network attorneys with Freedom Legal Plans work under a set monthly fee and never an up front retainer fee. The monthly fee is far lower than what most attorneys charge for services provided. Homeowners will not sacrifice the quality of service because the network is monitored and managed by Freedom Legal Plans which makes customer service priority number one.

Reaching U Network has joined forces with Freedom Legal Plans to target the current epidemic of foreclosure by providing forensic and securitization audits to home owners looking to stay in their homes. These audits give a detail insight concerning fraud, TILA, HOPA, and securitization violations. With the assistance of the individual attorney representation these audits will help open legal communications between lenders and homeowners surpassing any loan modification process available today.

This overwhelming process is performed 100% under the umbrella of a local network attorney in the homeowners state. Each attorney has passed rigorous qualifications in order to join the network along with the knowledge on how to stop foreclosure.

5 reasons why homeowners should challenge their mortgage lender if facing foreclosure.

1. If the mortgage was opened between 1999 and 2009, the chances it contains fraud or predatory lending violations is 80%.

2. How to find out if the entity you are paying your mortgage to, has any right to collect?

3. Only 4% of loan modifications are approved.

4. Court ruling in Arizona and Massachusetts has wiped out many mortgage balances; these states are just a few of the many recently on the news.

5. Challenging a mortgage, in court with an attorney, can stop a foreclosure.

Anyone can make a donation and help. Funds will go toward helping struggling homeowners that can’t afford legal representation. Here is their site http://www.reachingunetwork.org

Here is the number to call if someone is facing foreclosure, has been denied a loan modification, or is falling behind on their mortgage payments, call 866-514-4636 or visit http://www.123savemyhome.com for help.

The worst thing to do is wait or do nothing, lenders have attorneys on their side, no one should face foreclosure alone.

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