Category Archives: Attorney Blog

Anything that may affect or interest our clients.

When to Retain a Good Foreclosure Defense Attorney in New York

A homeowner should consult with an experienced foreclosure defense attorney right after receiving foreclosure papers. The earliest stages of the case are the most crucial times to assert and preserve a homeowner’s legal rights for the remainder of the case. It is far more difficult for a foreclosure defense attorney to repair a “damaged” case than to handle the case correctly from the beginning.
Also posted in 1. Foreclosure Defense | Comments closed

How New York Homeowners Win Foreclosure Cases

An extremely small percentage of homeowners win foreclosure cases and keep their homes through sheer luck. The other winners are usually represented by experienced foreclosure defense attorneys.
Also posted in 1. Foreclosure Defense | Comments closed

The Top 5 New York Foreclosure Defenses

In every foreclosure action, the foreclosing bank must have standing to foreclose. A bank only has standing to foreclose if it is the owner of the mortgage loan on the date that the foreclosure action is filed. If the homeowner’s attorney asserts lack of standing to foreclose as a defense in the Answer to the foreclosure complaint, the bank must prove that it has standing to foreclose. If the bank cannot prove that it has standing, the foreclosure action should be dismissed.
Also posted in 1. Foreclosure Defense | Comments closed

Quiet Title Actions Based Upon Expiration of Time to Foreclose

Six years after a mortgage is accelerated, the time to file a mortgage foreclosure action expires (with occasional exceptions). If the bank has not won a judgment of foreclosure and no mortgage foreclosure action is currently pending, the homeowner may file a quiet title action to discharge (remove) the mortgage lien from the property. When a homeowner wins quiet title, the property can be sold without paying the mortgage debt. The homeowner keeps the sales proceeds instead of the bank. Debt Inversion accomplished.
Also posted in 1. Foreclosure Defense, 2. Quiet Title Lawsuits, Debt Inversion | Comments closed

Summary Judgment Motions in New York Foreclosure Actions

In a motion for summary judgment, the foreclosing bank must establish all facts necessary to prove its foreclosure claim and disprove all of the homeowner’s defenses and counterclaims through admissible evidence. The "admissible evidence” submitted by the bank normally includes an affidavit from an employee of the current mortgage loan servicer (not the foreclosing bank) that would be inadmissible at a trial where live testimony is required.
Also posted in 1. Foreclosure Defense | Leave a comment

Judge Denies Foreclosure Against Deutsche Bank’s Forgery Victim

Deutsche Bank’s attorneys made a motion for summary judgment requesting the right to foreclose upon Mr. Codio's home. The Court denied the motion because Deutsche Bank had failed to prove ownership of Mr. Codio's mortgage loan, citing forgery of Mr. Codio’s signature and initials on the fake note. The Court's full decision is attached.
Also posted in 1. Foreclosure Defense | Leave a comment

Important Exceptions to the Statute of Limitations Defense in a New York Foreclosure Case

Unless the homeowner’s attorney includes an “affirmative defense” in the Answer to the Foreclosure Complaint stating that the action is barred by the applicable statute of limitations, the statute of limitations defense is lost and the bank can foreclose upon the property even though it started the foreclosure action too late.
Also posted in 1. Foreclosure Defense, 2. Quiet Title Lawsuits | Comments closed

This Is Your Mortgage Servicer Calling

A mortgage loan servicer is nothing more than a debt collector, and speaking with debt collectors can only hurt you. When dealing with collectors, it is important not to seem interested in resolving the debt. If you seem interested, they conclude that you have something to lose and focus on you. You want to make a debt collector think you are broke and don’t care what happens. This causes them to conclude they are barking up the wrong tree and to leave you alone. Nothing works better than refusing to speak to them.
Also posted in 1. Foreclosure Defense | Leave a comment

Deutsche Bank National Trust Company attempts foreclosure using a forged promissory note.

Whenever possible, we have our client present when we inspect the alleged original promissory note because the client is the only person in the conference room who saw the original note when it was signed and initialed at the bottom of each page. Clients can easily tell if their own signatures and initials have been forged and they can spot differences between the original document they signed and the document being presented.
Also posted in 1. Foreclosure Defense, 2. Quiet Title Lawsuits | Leave a comment

LeNoir Law Firm Quoted in National News on Million Dollar Fashion Week Slapping Lawsuit

The other day a reporter named Natalie Wolcholver from LifesLittleMysteries.com called me out of the blue and asked whether a person could be sued for $1 million dollars for slapping someone. We ended up having an interesting conversation.
Posted in Attorney Blog | Leave a comment

Ever wonder why banks choose not to take advantage of federal mortgage loan modification programs?

Insider dealing at the expense of homeowners and taxpayers continues, and the financial incentives for most types of mortgage-related fraud will be unaffected by the recent $26 billion dollar federal/state foreclosure fraud settlement.
Posted in Attorney Blog | Leave a comment

Most New York Home Mortgages May be “Unforeclosable” under a 2011 Appellate Court Ruling

A recent New York Appellate Court ruling may mean that the majority of home mortgages in New York State are "unforeclosable," and that homeowners may keep their homes without making mortgage payments.
Also posted in 1. Foreclosure Defense, 3. Debt Collection Defense | Leave a comment

New York City Council, US Supreme Court May Determine the Legality of MERS

If the Supreme Court decides not to hear the Gomes v. Countrywide case, Mr. Gomes will lose his home to a foreclosing bank that has not proved it owns Mr. Gomes’ mortgage and promissory note. To make matters worse, Mr. Gomes may be sued again for the same debt if the real owner of his mortgage shows up later and demands the money owed.
Also posted in 1. Foreclosure Defense | Leave a comment

Brooklyn’s Own Supreme Court Justice Arthur Schack Breaks New Ground (Again)

Justice Schack is known for his continuing investigation of foreclosure fraud and "robo-signers." He routinely dismisses improperly brought foreclosure cases "with prejudice," meaning the cases cannot be re-started.
Also posted in 1. Foreclosure Defense | Leave a comment

Why the Federal Government Refuses to Prosecute Top Bank Executives

The federal government’s policy of not prosecuting the millionaire and billionaire executives of the major banks leaves the executives feeling “prison proof” and free to commit more crimes to become wealthier.
Also posted in 1. Foreclosure Defense | Leave a comment

Revolution Comes from the Bottom Up – Never from the Top Down

Don’t settle for a loan modification just because a bank gives it to you without asking first. A generous bank is an oxymoron. You may already own your home free and clear of any mortgage. You may owe the bank nothing. In fact, another bank may own your mortgage and promissory note. That bank may sue you later even if you make all “modified” payments to the first bank.
Also posted in 1. Foreclosure Defense | Leave a comment

“Reckless Endangerment: How Outsized Ambition, Greed, and Corruption Led to Economic Armageddon,” a video interview by Democracy Now!

“I think that there is a genuine sense out there that there are two sets of rules, one for big and powerful institutions that are deemed to be too politically interconnected or powerful to fail, and the rest of us, Main Street,” says our guest Gretchen Morgenson, the Pulitzer Prize-winning business reporter who has written extensively on how the U.S. government has failed to prosecute any of the top figures who played a role in the economic crash.
Also posted in 1. Foreclosure Defense | Leave a comment

Thank you, Mr. Schneiderman

Private attorneys do not have your criminal investigative powers and cannot discover, or at least prove, all of the frauds perpetrated against our clients.
Also posted in 1. Foreclosure Defense | Leave a comment

A lawsuit against a mortgage loan servicer is a personal injury action.

When you finally enter the loan servicer's consciousness as a potential threat, they can be incredibly efficient at correcting your account and restoring your credit.
Also posted in 1. Foreclosure Defense | Leave a comment

What is Foreclosure Fraud and How Does It Affect Home Owners and Buyers?

Mortgage foreclosure fraud causes two terrible things to happen: (1) a home owner may be foreclosed upon by a bank that doesn’t own the mortgage and promissory note; not only is the person’s home stolen, but the real owner of the promissory note can sue the former home owner later for the full amount owed on the mortgage; (2) banks selling foreclosed homes may not actually own them because the foreclosure was fraudulent; this means that 20 years down the road when the person wants to sell the home, they may find out that they never owned it, or worse yet, the real owner could show up after the sale and sue to get their property back.
Also posted in 1. Foreclosure Defense | Leave a comment

How and Why Debt Inversion Works

The debt collection business relies on people not fighting back. If everyone put debt collectors to their proof as we do, they would all be forced out of business.
Also posted in 1. Foreclosure Defense, 3. Debt Collection Defense, Debt Inversion | Leave a comment

Great idea. Too bad they didn’t think of it ten years ago.

Once again the federal government is fighting yesterday’s war. The housing and mortgage-backed securities markets have already collapsed and banks will only lend to people with stellar credit. The proposed regulation will not protect against any current risk, but it may come in handy during the next real estate bubble.
Also posted in 1. Foreclosure Defense | Leave a comment

Collection Law Firm Mel S. Harris & Associates Sued for Racketeering in Federal Class Action for Using Robo-Signers and “Sewer Service”

“To get judgments against the borrowers, the judge said, a single Mel Harris employee named Todd Fabacher signed 40,000 affidavits attesting to the accuracy of debt claims. Assuming 260 business days a year, Fabacher had to have personally (and purportedly knowledgeably) issued an average of twenty affidavits of merit per hour, i.e., one every three […]
Also posted in 3. Debt Collection Defense | Leave a comment

Complete 185-Page Deposition of Internationally Infamous Robo-Signer Beth Cottrell

Any MERS member bank is allowed to appoint any employee it wishes, regardless of inexperience or incompetence, to sign documents prepared by the bank, not as a bank employee but as a "Vice President" of MERS. During her deposition MERS "Vice President" Beth Cottrell admitted to executing 18 thousand documents per month without any personal knowledge of the contents of what she was signing.
Also posted in 1. Foreclosure Defense | Leave a comment

Bank Executives Flock to Washington to Force Lawmakers to “Legalize” MERS

Please write or email your Senator and Representative, as well as President Obama, and tell them that if they vote to "legalize" MERS, you will vote for their opponents in the next election.
Also posted in 1. Foreclosure Defense | Leave a comment

The Nation’s Most Notorious Robo-Signers: Brooklyn Supreme Court Justice Arthur Schack kicks out foreclosure cases and names names.

What do you get when you cross a Mafia don with a bond salesman? A dealer in collateralized debt obligations (C.D.O.’s) — someone who makes you an offer you don’t understand.
Also posted in 1. Foreclosure Defense | Leave a comment

New York Debt Collection Defense and Counterclaims

In New York, a debt collection action is neither simple nor cut-and-dried. If the collection action is properly contested, it is frequently possible to win the case and owe no money. It is sometimes possible to force the collector to pay money to you.
Also posted in 3. Debt Collection Defense, Debt Inversion | Leave a comment

Under a New Court Rule, Foreclosure Attorneys Can Be Disbarred and Prosecuted for Filing False Documents

"You are talking about tremendous consequences. You are talking about taking people's homes," Judge Lippman said. "Those papers have to be accurate. They have to be credible."
Also posted in 1. Foreclosure Defense | Leave a comment

Defending Foreclosure Defense: You Know You’re Fighting Evil When The Wall Street Journal Demonizes You

Sincere apologies to the robo-signers, mortgage bundlers, MERS records bunglers, foreclosure mills, crooked foreclosure attorneys, politicians, investment bankers and mortgage bankers, thieves, liars, fraudsters and corrupt judges who had nothing to do with the foreclosure fraud crisis (and didn't see a thing).
Also posted in 1. Foreclosure Defense | Leave a comment

Criminal Charges Should be Filed over Foreclosure-Gate

"The absurdity of illegal activity, criminal conduct, and rampant fraud has reached a point where the nation must declare 'No More.' We must begin the process of identifying criminal actors — and prosecuting them."
Also posted in 1. Foreclosure Defense | Leave a comment

Why MERS Matters to Home Owners and Buyers

Mortgage Electronic Registration Systems (MERS) has emerged as the epicenter of the current mortgage foreclosure crisis, despite the financial and real estate industries’ clamor to keep it out of the conversation. MERS maintains the only records in existence of most sales of mortgages from one bank to another. All MERS records are stored electronically and […]
Also posted in 1. Foreclosure Defense | Leave a comment

JPMorgan Chase & Company abandons the fraudulent Mortgage Electronic Registration Systems (MERS)

The public is not permitted access to MERS records, despite the fact that MERS has the only records in existence of most transfers of ownership of mortgages and promissory notes from one investor to another. Without access to MERS records, it is impossible for home owners to verify which bank owns their mortgage and promissory note.
Also posted in 1. Foreclosure Defense | Leave a comment

Sad but Funny: Jon Stewart Rants on National Foreclosure Fraud Crisis

"Even if the foreclosure was legit, you can't lock someone out of their home while they're in it."
Also posted in 1. Foreclosure Defense | Leave a comment

Fraud Factories: U.S. Rep. Alan Grayson of Florida – the nation’s foreclosure fraud capital – exposes and explains foreclosure fraud nationwide.

"The average foreclosure hearing in a Florida court is only 90 seconds. Mistakes are common and fraud is rampant."
Also posted in 1. Foreclosure Defense | Leave a comment

Legislation to help banks steal homes killed over foreclosure fraud fury.

If the corporations running the federal government have their way, equivalent legislation will pass after public attention is diverted to the next corporate/government-induced crisis.
Also posted in 1. Foreclosure Defense | Leave a comment

How foreclosure fraud affects home owners and buyers

Foreclosure fraud causes two terrible things to happen.
Also posted in 1. Foreclosure Defense | Leave a comment

The nation’s largest banks admit submitting “faulty” documentation in foreclosure cases. Home owners behind on mortgage payments get a reprieve. Buyers of foreclosed homes get defrauded.

When foreclosures are done with faulty documentation, that could leave the new owners of the house vulnerable to claims that someone else actually owns the property they thought they bought.
Also posted in 1. Foreclosure Defense | Leave a comment

The Rise and Fall of the ROBO-SIGNER in Mortgage Foreclosure Fraud

Excerpt: Chase and GMAC, in their zeal to process hundreds of thousands of foreclosures as quickly as possible and get those properties on the market, employed people who could sign documents so quickly they popularized a new term for them: “robo-signer.”
Also posted in 1. Foreclosure Defense | Leave a comment

Recover monetary damages from debt collectors and debt collection attorneys who commit crimes while attempting to collect a debt in New York State.

Violation of any federal, New York State or local criminal law is also a violation of the federal Fair Debt Collection Practices Act, for which you may recover up to $1,000 or your actual damages, plus attorneys fees and court costs.
Also posted in 3. Debt Collection Defense | Leave a comment

Mortgage Foreclosure Defense in New York State

Of the millions of people in the United States facing foreclosure of their homes each year, few hire an attorney to defend them, assuming that there is nothing an attorney can do to stop a foreclosure. This is often a huge mistake.
Also posted in 1. Foreclosure Defense | Leave a comment

Debt Collection Defense in New York State

In New York, a debt collection action is neither simple nor cut-and-dried. If the collection action is properly contested, it is frequently possible to win the case and owe no money. It is sometimes possible to force the collector to pay money to you.
Also posted in 3. Debt Collection Defense | Leave a comment

Client testimonial from Matthew M. (last name withheld to protect client’s privacy)

I'm doing VERY VERY well now. Student loan paid off, house paid off, car paid off. ZERO DEBT. Savings in the bank, retirement funds going. John and his firm provided me with the financial relief I desperately needed to push the reset button on my life and get back on track.
Also posted in Testimonials | Leave a comment

Client testimonial from John K. (last name withheld to protect client’s privacy)

He fought for me against a company that tried to take advantage of me, and has succeeded in doing so to others. He understood the impact the collector and their law firm had on me, and pursued them for practicing law in another state with no legal right to. He stood up for a regular working guy, when the rest of the attorneys in my area didn’t do as they advertised.
Also posted in Testimonials | Leave a comment

Client testimonial from Rusty W. (last name withheld to protect client’s privacy)

I first heard of, and became a facebook fan of, the LeNoir Law Firm by my facebook friendship with John LeNoir. I have thus read all about Debt Inversion and I am convinced that it is a better solution to my credit card debt then bankruptcy. I am now almost maxed out on 8 credit […]
Also posted in Testimonials | Leave a comment

Client testimonial from Christopher I. (last name withheld to protect client’s privacy)

John helped me put my life back together.
Also posted in Testimonials | Leave a comment

Follow us on Twitter @debtinversion

Also posted in 1. Foreclosure Defense, 2. Quiet Title Lawsuits, 3. Debt Collection Defense, Debt Inversion | Leave a comment

Should any of the nation’s three “official” credit reporting agencies be allowed to own a company that intentionally causes millions of consumers to default on their debts?

Contesting Jobless Claims Becomes a Boom Industry – New York Times     http://www.nytimes.com/2010/04/04/us/04talx.html?hp According to the New York Times article, a company called Talx handles more than 30 percent of the nation’s requests for jobless benefits. Talx was acquired three years ago by Equifax, the credit-rating giant, for $1.4 billion. Equifax’s ownership of Talx creates a clear […]
Posted in Attorney Blog | Leave a comment

“We’re all temps now.” – Kelly Services CEO Carl Camden

Business Week, “The Disposable Worker – Pay is falling, benefits are vanishing, and no one’s job is secure. How companies are making the era of the temp more than temporary”   http://www.businessweek.com/print/magazine/content/10_03/b4163032935448.htm
Posted in Attorney Blog | Leave a comment

The LeNoir Law Firm takes legal action against out-of-state debt collection attorneys who are not licensed to practice law in New York, for placing illegal garnishments on the wages of New Yorkers.

"...these out-of-state law firms and attorneys are committing crimes in New York by practicing law in New York without a license. Committing a crime in the course of an attempt to collect a debt is a violation of the federal Fair Debt Collection Practices Act, for which we sue for monetary damages, attorneys' fees and litigation expenses."
Also posted in 3. Debt Collection Defense | Leave a comment

“Pay Garnishments Rise as Debtors Fall Behind” – New York Times

http://www.nytimes.com/2010/04/02/business/economy/02garnish.html?pagewanted=1&hp Good article about a disastrous situation for working poor people who are alleged to owe a debt.  Here’s an excerpt:       For the working poor, losing a lawsuit can mean disaster. Federal law permits creditors to seize as much as a quarter of a worker’s paycheck, though the cutoff is lower for the lowest-paid workers, and a […]
Also posted in 3. Debt Collection Defense | Leave a comment

The giant bank bailouts were not a con job against the taxpayers. They were a long series of old-school cons adapted by regulators and the financial industry to give banks a license to steal from us. The dollar amount of upward wealth distribution caused by the bailouts is difficult for most people to fathom and nearly impossible to measure, just as Wall Street wants it.

For detailed information, read the Rolling Stone article,  “Wall Street’s Bailout Hustle – Goldman Sachs and other big banks aren’t just pocketing the trillions we gave them to rescue the economy – they’re re-creating the conditions for another crash” http://www.rollingstone.com/politics/story/32255149/wall_streets_bailout_hustle/1
Posted in Attorney Blog | Leave a comment

College students amass unpayable student loans and spend their summers disinfecting doorknobs on unpaid internships, for companies that have no intention of offering a paid job to their slave labor after graduation.

Read the New York Times Article:  “Growth of Unpaid Internships May Be Illegal, Officials Say” http://www.nytimes.com/2010/04/03/business/03intern.html?src=me&ref=general
Posted in Attorney Blog | Leave a comment

Why Possession of Great Wealth is Immoral – By LeNoir Law Firm

GREAT WEALTH IS: 1. Nearly always an accident of birth; 2. Virtually unobtainable through legal and ethical hard work; 3. Often amassed through crimes and human rights abuses; 4. Protected by “democratic” governments above all else; 5. Tremendously expensive to protect; 6. Protected with tax dollars paid by the rest of society; 7. Least needy […]
Posted in Attorney Blog | Leave a comment

If the excesses of the financial industry have left you unemployed, don’t be victimized twice by taking out large student loans to attend a trade school that promises you a job.

The New Poor – For-Profit Schools Cashing In on Recession and Federal Aid – NYTimes.com Commercial trade schools are under fire because they are attracting more students and Pell grants. http://www.nytimes.com/2010/03/14/business/14schools.html?ref=homepage&src=me&pagewanted=all
Posted in Attorney Blog | Leave a comment

“Deep in Debt Blues” by J.B. Lenoir

http://play.rhapsody.com/jb-lenoir/the-very-best-of/deep-in-debt-blues
Posted in Attorney Blog | Leave a comment

Client testimonial from Bryce W. (last name withheld to protect client’s privacy)

Being in financial trouble is not only distressing, it’s depressing and embarassing, which is part of the reason I kept putting off dealing with my situation. When I went to LeNoir Law Firm, I felt from the start that I was talking to a friend. A very knowlegable friend, one who wasn’t judging me, but […]
Also posted in Testimonials | Leave a comment

Client testimonial from Kimberly W. (last name withheld to protect client’s privacy)

“LeNoir Law Firm provided invaluable advice for my legal needs. John LeNoir proved to be extremely knowledgeable in a wide variety of legal matters, and did not flinch once, despite the curveballs I threw out. It was a true pleasure working with the LeNoir Law Firm and I would not hesitate to call again.”
Also posted in Testimonials | Leave a comment

The LeNoir Law Firm represents victims of sewer service fraud by process servers for debt collection attorneys.

"[A] 2008 report by MFY Legal Services, a nonprofit law firm in New York, found that defendants in consumer debt cases showed up in court less than 10 percent of the time, raising questions about whether they were ever properly served and about the prevalence of sewer service in the industry."
Also posted in 3. Debt Collection Defense | Comments closed

Client testimonial from Turhan C. (last name withheld to protect client’s privacy)

“If you’re need of any semblance of alleviation from debt The LeNoir Law Firm is the way to go. I remember in my time of being hassled incessantly by collectors, knowing full well that I couldn’t handle the outrageous rates and demands that were placed on my outstanding balances, I sought out and found the […]
Also posted in Testimonials | Leave a comment

Client testimonial from Michael Dumiak

“I’ve worked with and followed the practice of many attorneys in New York; John LeNoir stands out. He brings great attention to detail, personal involvement and creativity. His deep institutional knowledge over years in NYC is a valuable asset, and he won’t be outworked…” Michael Dumiak hired the LeNoir Law Firm in 2007.
Also posted in Testimonials | Leave a comment

Client testimonial from Sarah Martin

“John is thoughtful, creative, and of high personal integrity. I would highly recommend him for any of your legal needs.” Sarah Martin hired the LeNoir Law Firm in 2006, and hired the firm more than once.
Also posted in Testimonials | Leave a comment

Client testimonial from David Pollack

“I’ve worked with John LeNoir since 1999, and have referred several friends to his practice. His attentiveness to my case was a refreshing surprise, and his command of the law was impressive. He clearly communicated the status of my case, and saw it through to its conclusion. I would not hesitate to recommend other people […]
Also posted in Testimonials | Leave a comment