(BREAKING NEWS – OP-ED) — The author of this post posits the following information for educational purposes only and the opinions expressed herein are that of his own and should not be construed as legal advice.
Hats off to Patrick Guinta, a foreclosure defense attorney in Pompano Beach, Florida, who handled a solid case for a personal representative of a decedent in defeating a sham trust in Circuit Court in Palm Beach County, Florida.
If you look at the court docket for this case, there were 5 pages on the Palm Beach County Clerk of Court’s website to sift through, wherein I obtained (albeit non-certified copies) legible documents, all reflecting back to the chain of title and a judge that was willing to listen to reason. Many judges in Florida, especially the senior judges, think that if they rule against the REMICs (Real Estate Mortgage Investment Conduits) in foreclosure cases, that their pensions, of which many are vested in these securitized portfolios, will be adversely affected. Part of that reasoning is flawed because:
- The REMICs never got the note and mortgage in the first place;
- If the REMIC did get the note and mortgage, it’s because the Master Servicer made it happen without the REMIC’s actual knowledge;
- Caliber Home Loans, who claims to be the servicer, wouldn’t know the truth if it bit ’em in the ass;
- Fortunately, Mr. Guinta managed to get an affidavit from private investigator Bill Paatalo (see here): Affidavit of Bill Paatalo
- Fortunately, the judge in this case decided to scrutinize the documents more fully (which many judges in Florida could care less) and issued a Final Judgment for the defendant (see here): Final Judgment for Defendant
- According to Bill Paatalo, the witness for Caliber Home Loans, the alleged servicer, “fought us for over a year on our motion to compel the trust agreement and to un-redact their version of the MLPSA. At trial, they inadvertently (I believe) allowed the un-redacted MLPSA (which they were ordered to produce under strict confidentiality) to be admitted into the record. They blew their confidentiality. The Caliber witness stormed out knowing he’ll never testify again. FYI – Serge Alexis. Alexis didn’t know anything about the MLPSA they themselves proffered, but oh boy did I go off on it to the judge and she was listening to every word. Their attorney from Albertelli was a deer in the friggin headlights!”
You see, anything Caliber Home Loans “touches” can’t be trusted. Like MTGLQ Investors, LP, neither alleged loan claimant can actually prove how they got the note and they often use third-party document mills to do their dirty work (like Nationwide Title Clearing or Meridian Asset Services, both out of Pinellas County, Florida) to create assignments of mortgages and deeds of trust that are full of false misrepresentations. Any attacks outside of the actual trial itself are met with Motions to Dismiss. These people just want your house and they don’t care HOW they get it!
They’ll lie to a judge to get it!
This also goes to show that if you get a judge who will actually listen to testimony and stop being so anti-homeowner (e.g., “Well, if the bank shows up, they must own the note, so therefore, they’re entitled to foreclose!”). This kind of reasoning is flawed because there is no basis in fact. It’s purely the judge’s own emotionally-biased opinion. Like Al West, who will be lecturing on securitization and the games the bank’s play in the upcoming “Beyond Foreclosure” workshop in Orlando, Florida (along with this author and others), he always hears this same diatribe from judges in California: “Well, Mr. West, your arguments are sound, but we just cannot hurt the banks.”
If I had a picture of Al’s “size 9 asshole” (where many a judge has put his foot into, figuratively) I would show it to you as proof!
And what happens when your attorney doesn’t do their job (as Mr. Guinta has done here, successfully)? What recourse do you have?
We’re going to discuss that at the upcoming workshop as well. It’s called legal malpractice. It happens a lot, especially when you hook up with lawyers that just see you as a monthly annuity and nothing more. People retain these attorneys without ever vetting their work. At least I bothered to post the Final Judgment in this blog, so you can plainly see that some attorneys actually do “do their job” and do it well.
One of the folks who I worked with (on their case) for a number of years just got their attorney suspended for a year (with other sanctions). They will explain how they did it at the workshop. Their attorney took $6,000 from them, agreed to do 2 depositions (of a robosigner and a notary) involving a bogus assignment of deed of trust (and note) and then pocketed the money and failed to do the depositions. Not only that, the attorney failed to communicate with his clients until AFTER he made his court appearances … which cost them a loss in federal court, based on phony documents. In this case, the judge obviously took the chain of title seriously, more than most judges would, especially in most Florida foreclosure courts.