Save Me From Consumer Law, by Experienced Prey.
Co Authored by Sarcasm
I have become decidedly cynical.
I feels like I might be denied due process in the sense that I can pursue due process in a case filed on my behalf. and I am being disabled from continuing the case because the lender has systematically abused me through the courts of NJ Abuse of the Borrower is a method used by Mortgage Company’s hired attorneys to ware you down expecting you to just give up.
Consumer Protection Laws, only for those who can, and by can I mean they can…
1. Afford to bankroll the enormous cost necessary for attorney representation.
a. one must have the ability to determine ability of Attorney in this area of law, as well as his or her integrity, or lack there of.
Can you imagine? I mean, if you were not in the ignorant position in the first place. Please don’t take it the wrong way, I mean seriously, I am not a stupid person, I really believe I am an intelligent person, who did not have the propensity for handling financial situation such as this with out any help, or the Mortgage Part its self or the legal part.
2 Without this legal help, through ones own effort, with out ANY real help from any part of the any Govt agency upholding the law, Hmm, this is where it gets fuzzy, you see, I have yet to find a Govt agency who does help. However as time has gone by over these 3 ½ years I have grown disinterested in the Govt speaking up for me.
(even if your case falls into their area)
No I have to say, there were two women at the LSNJ Predatory Project, they were really wonderfu. During those times when I did not have an attorney. I hired two Attorneys, neither of whom worked out, the first one cost me a bundle of money, and there were unexplained actions. Well I feel I know what they mean, but in the greater scheme of things it doesn’t compare to world tragedy. Although, I’m here thinking about it and I am getting a bit annoyed. I mean the guy clearly had a problem with me and he constantly remanded me I only had a hgih school education, followed by “No offense Juls”. Yeah, none taken. What is his excuse? I know there is a lot to remember as a lawyer. But lets be honest there is a big difference between the guy who read all the all the books, and the student who really became a Great Lawyer, reading the books is maybe a ¼ % of your effort.
It is really more about words and your understand of them, Wordsmith is a better term for the lawyer that can really see the law from all sides. It is about how much they know about the specific area they focus on and the insight they have, and the words they use to express. And this guy was not, he got pushed on me by his Senior Associates, they may have even been related, the older one was always playing the either the pony or dog, and in other scenarios, the good cop to his bad cop, you get the picture. I misjudged the older one, I thought he was so smart, he was, I am such a sucker for a well written letter. Turns out it was his best quality, at least towards me. I think they just did not know the area, there fore they did not want me. But the stuff the messed up, that is the problem. Most importantly he billed over $50,000, but he way overstated his level of expertise, and experience.
You need to fight this before you become ill from it, thus leaving you unable to achieve upholding your own. This is essential. If the lawyer is staling, you should move too. It has to be YOU who upholds your own right to Consumer Protection laws.
I’m not going to tell my whole story right now because I want to focus on the the Consumer Fraud, Predatory Lending Aspect of this. I have a very clear, Ithink case of Predatory Lending and Consumer Fraud among other things. Of course I am not a lawyer, I know because the first lawyer reminded me about my lack of education regularly. I am not a Mortgage or financial whiz. I had to read and read. I have followed some of the better sites on the subject, one of the best I found the best for me, is http://livinglies.wordpress.com/ Neil Garfield, writes this Blog, he is an Attorney, though I believe he is not pracicing. He has been quite an advocate and information well spring for many individuals and families. He is a Great Attorney, very smart. Forsight is a most important quality for an Attorney. He has it. PLEASE go visity them, t here
The reason I decided to do a blog myself is because I want to share my experience so that others who may fiind themselves in any or many of the various issure involved in their case that I have in my case, my experience or mistake can provide some insight to them, that may help. I often hold back from wiriting on Neil’s site because I am feeling empassioned about what he has written or published and I am feeling way too cynical about my own situation. I don’t want to deter anyone from doing their best to save their home.
My cynicism currently comes from my very frustrating experience with the Justice Sysyem, I don’t want to give anyone discouragement, I don’t want to chase anyone from believing they can win, HOPE SPRINGS ETERNAL. So I have this, just to rant and rave about how crummy people can be. How ashamed the routine of “my day in court” has turned out to be. How seethingly dishonest, deceitful, treachereous the Mortgage Company and their Attorneys behave. I have been around the block, or so I thouht, and the thing that really gets me is that these are broken laws and breaking laws, right there infornt of me, and no one seems to be ruffled by it.
What’s that you say? Rescission, snort snort chuckle chuckle, oppososing attorney from the other side of the isle said, well did you pay them back, it was not settled. The Judge says yeah, did you think you were just going to walk away without paying your mortgage? Sort of a roll of the eyes sorta things, RESPA? TILA? As though it didn’t mean anything. But what about the Attorney who does NOT have jurisdiction, Rescission aside. That would also mean the Judge does not have jurisdiction as well, is that not right? I spent the last 11 months preparing documents and answering depositions. I submitted requests to the Attorney for the Mortgage company Equity One Inc., I did not hear any answers back. I am filing a motion to dismiss. But I had to spend all of this time and emotionally it is pretty stressful, I have two small kids.
I do not profess to be an expert, I speak of my personal experience.
However there some very important aspects of this case you meet personally meet
They are the individual must meet certain personal requirements in order to actually uphold these protections and they are as follows…
1. Have the finances to do so. It is much better to have a lawyer than NOT to have a lawyer.
2. If unable to finance one must have the determination to do so by self representation, or Pro Se as they term it. You will need to be able to do so in possible events such as follows
a). under extreme situation of stress by situation alone, and or induced by an adverse party (the party you are up against)
b.) the determination to get passed the obtiacles of the seeming contention from the judicial system, and general media consensus which will have an affect on the public’s perception, which is the very group this consumer protection law protects, or is suppose to protect.
You will need to be strong enough to face this fact and deal with it in your own way.
Even while those in position to help may appear to have a personal opinion that is not constructive to your position.
3. The knowledge of all the law involved. Wow, in my case that is Mortgage, Real Estate, Fraud Common Law and Deceitful Business Practice, Consumer Fraud, Predatory Lending, Banking, and Securities.
4. In the event you do have the required knowledge of law, you would not be in need of a lawyer and therefore not reading this. If
And despite the fact that I had tried for so long and to no evail requested my file which I would not have left had I known it would not be returned my husband had personal business documents and so did I. I was told it would be delivered to my home the next day. You see I had been with out the heavy file, quite heavy to carry all the way from the fourth floor of the court had managed to be with out it so long, I could not spare the time away from the work of the filing I was preparing. I planned on coming this past week worried too that it might be in your way I have thought about it each day. When the snow came I thought I would get this from you this week when I should hve been in court. I wanted to tell Eric, but I did not hear back from him, I tried 2 or3 times. Because Your Honour, as you said, it is taking me a long time, this is true, you see I have a difficulty in accomplishing this sort of work, I have a severe case of ADD. I believe I mentioned this in the past so you would understand why it took me longer to do things. I will speak to my Doctor to provide the Court some doumentation. This is a source of embarrassment especially knowing you think I am being noncompliant or not meeting my requerement.
You seemed to be criticizing me for having not lived up to a standard that I should. You reacted in disbelief when I expressed that I have put my every hour to this. You treated me as though I had mishandled this case. If this is your intention, you are wrong. I did not run this case. I had an attorney, yes two, you pointed out how you can tell when someone, meaning me, is a problem, because they always are when they have lost an Attorney. AND like you said I “LOST TWO, You are really a problem” The first attorney had not after one year remembered to file against the Mortgage Lender, which is why I was there. The fees surpassed $50,000. They knew exactly how much money I had before I signed with them. They presented to the other attorney’s a friendly working together relationship between the Mortgage company and me, in their documents. This is odd. When the company tried to foreclose, against the states request, they said they would not be able to help me. I am under the impression your Honour, that you believe I have gone throught all of this for a loan modification. This is something I tried to do 3 years ago with Popular, this is not why I am here. Now I am not in any knowledge of anything this party or the other two plain to offer me, but I did not give up my life for the past 3 years, see my kids suffering, spend a fortune, end up so far down in the dump to address Consumer Fraud, and Predatory Lending lose family member that I did not see during this time who very sadly died, loss of my friends and any sort of normal life to find a loan modification. I am honestly shocked that you would expect this to be the only consideration. I am under the very strong impression that you find it hard to believe I would expect to see this as more I am so distressed by this. Fine I do not have the extra few days. It felt like it would be a bit of pressure to do, what I had recorded as back to back days in court with the two cases, and then a couple of short weeks before the trial, which I do want to go ahead with. There was to be a big celebration in Rhode Island for my best friend from childhood she and I have birthdays near one another, her husband is to have a big birthday, I felt like I needed this. It would have been that much more difficult to go and be back for Monday morning, which I believed to be the day of trial.
Popular Inc has caused this set of circumstances I am in with the foreclosure going on at the same time as the case in your court, their timing it goes without saying is curious, and they had to have known there would not be a dismissal. This was an intentional obsicle I think, I believe. You see there have been many deceitful actions fraudulent infact, I have done my very best to face them, with a conserted effort to learn what I would need to know in order to get passed this and prove my case. I feel that this case has been decided. Forgive my ignorance, and my slow action in comparrison to the Attorney’s. I came in to this with the utmost respect for the Court and our Justice system. Quite honestly, it does not feel just and I feel I may have wasted 3 years of my life. I do not know where to go from here.
Our country is changing. These companys should not have been able to do to me what they have. But now they seem to be the favoured hierarchy in our society and our government.
This entire situation and most especially the pursuit of Justice therein has been the worst time of my life, I feel like I am not living and I feel it a travesty that I have come so far and I am just discounted as a Loan Modification. As though I had never filed a complaint in court at all. You may choose to believe it or not, but I have not been able to even work a job during this time. I literally stay up 2 days in a row on many occasions, and work every single day, all day long on this. Please understand, I am finding it very difficult to even express this to you, having the respect I do for the seat you hold. I mean no disrespect. My husband had not given me enough to survive I am so anxious to move on to work and live. Maybe I shoud have done so the entire time and walked away from what I consider the theft of my home. I truly believed I was doing the brave and strong thing. The hard thing. But it seems no matter what the actions and I believe there are illegal actions, I just have to believeI van’t fight the Bank It is too big. stay tuned for part 2…