Is it true that judges are highly unlikely to award damages in fraudulent foreclosure cases? OR is it that one is against BANK MAFIA & they have every one on the take & the door to the justice is only open to FOTUNE 500 & millionaires & common man has been thrown into the trash by ALL including ones own attorney.OR is it that such litigation is so protracted that attorneys just take easy way out & only want FRUIT which is almost on the ground--may be all the litigators are dining with the powerfull & home owner is largely down the tubes with the rest.Any hard working LITIGATOR there to make a WALL STREET SIZE name /DOUGH & be in LAW SCHOOL TEACHING BOOKS LAND MARK CASE?.New York area home owner up against international bank with more violations of LAWS than all the mob combined in west
Criminal Defense Attorney
Presenting the claim way you have (with comments about mafia and everyone being on the take) is not likely to attract an attorney to your case. That said, Judges in New York have been carefully scrutinizing foreclosure applications to make sure they are proper, especially with regard to robo signature issues. If you have a claim, I suggest you look for a real estate lawyer who handles foreclosure actions.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
6 lawyers agree
Judges are unlikely to penalize a bank for foreclosing, despite the existence of violations (no matter how many) unless the case is extremely well developed (multiple depositions, extensive discovery, months/years of document exchanges and motion practice), and even then, most judges will be extremely hesitant to do so. The reason is that regardless of the violations, if you are in foreclosure, meaning you are a foreclosure defendant, by definition you are not paying. If all these violations existed, but you had the financial wherewithal, you would simply continue paying and file a fraud suit without going into foreclosure -- a much easier case to win. I'm surprised more homeowners don't take that route, but it seems they only come to an attorney after they have stopped paying.
Keep in mind that when you are looking to overturn a foreclosure, prove the bank robo-signed documents, attack the knowledge of their affiants, prove the bank lacked standing, prove the bank issued fraudulent notices, prove the bank overcharged you, prove that the bank falsified documents, etc., you are fighting two lawsuits at once -- a defense of the foreclosure, and a prosecution of the bank's fraud -- it is an extremely time intensive proposition and costly.
You seem angry and I understand why. The banks have done an awful job with the foreclosure crisis. Many of them, but not all, have abused the process and some have presented fraudulent, or at the very least incomplete/inadmissible documentation to court hoping it would slide through unchallenged.
One thing I would point out is that if you do have good evidence of fraud, the five largest banks just settled with the Federal Government and you can claim part of that award if you submit your paperwork before Dec. 30, 2012.
4 lawyers agree
International Law Attorney
Given that many federal judges come from corporate law firms that represent the very interests that you believe are Mafia and corporate crooks, a case framed in this fashion is dommed from the outset.
This is not legal advice but a general comment on society.
3 lawyers agree