Foreclosure Fighters – April Charney

This is my first post in a series titled, “Foreclosure Fighters”. I feel it’s necessary to recognize the people that are fighting for homeowners and dedicating their lives to consumer activism. These are the “real” heroes that are fighting on American soil for justice, equality and the rights of everyone.

April Charney is one of those rare fighters. A woman that does her work with passion and the fire to fuel the need to help the less fortunate. Her endeavors are not driven by greed but by her heart and compassion to help people who need proper legal representation but cannot afford it.

The facts are that there not many practicing attorneys who do what’s “right” and pursue an area of law where there is a “need”. There are many more that just do what is “profitable” and neglect what is needed in our society.

April lives her life by doing what is “right” and she adamantly despises the sharks that troll this business out of greed and profit!

I have spoken to her on a couple of occasions and was amazed at how passionate she was about what she was doing. Her fire is contagious and her will unbreakable.

She is definitely a woman who walks the talk and carries a big stick that will crush those who defy consumer laws. I certainly would not EVER want to be on the opposing side of Aprils in the court room.

Ms. Charney is an inspiration for me and I hope others.

She is a proud member of NACA – National Association of Consumer Advocates (NACA) is a nationwide organization of more than 1000 attorneys who represent and have represented hundreds of thousands of consumers victimized by fraudulent, abusive and predatory business practices a non-profit association of attorneys and consumer advocates committed to representing customers’ interests. Our members are private and public sector attorneys, legal services attorneys, law professors and law students whose primary focus is the protection and representation of consumers. NACA also has a charitable and educational fund incorporated under §501 (c) (3). 

Ms. Charney is also a member of NACBA - Ensure that the voices of consumer debtors and their attorneys are heard in the halls of Congress, the Judiciary and other arenas affecting consumer debtors; and to help consumer bankruptcy attorneys represent their clients more effectively. Before NACBA, consumer debtors and their attorneys had no choice but to act alone when dealing with creditors, judges and lawmakers.

Bio from the NACBA (The National Association of Consumer Bankruptcy Attorneys) website:

April Charney is a consumer lawyer with Jacksonville Area Legal Aid since 2004. Being one of more than 30 attorneys with JALA gives April the opportunity to pursue consumer law in many directions. She advocates against all manner of predatory consumer practices. During 2005-2006 the Consumer Unit of JALA defended over $10 million dollars worth of homes from foreclosure in Northeast Florida. April’s work includes legislative and community outreach, and advocacy, financial literacy education, trial practice and litigation, class actions and appeals in state and federal court…and bankruptcy.

Throughout her career defending the poor in thousand of cases, April served more than her fair share of colorful clients. In Arkansas, while in private practice many clients paid her fees with money carried in their boots, after digging up the buried funds from their land. April says her best success with jury trials was during pregnancy. And once, she tried a case for an unrepresented litigant at the court’s request, while her two year old son sat on the judge’s lap. A fair trade.

Ms. Charney was recently featured in Forbes Magazine called Paper Chase, here are some excerpts:

In 2006 Michelle Tucker, a 35-year-old UPS package processor and mother of two, was hit by a one-two punch. Her husband had surgery on his shoulder and was forced to stop taking construction jobs around town that helped pay the bills. Worse, the adjustable mortgage with the low teaser rate she took out on her three-bedroom home in Jacksonville, Fla. adjusted, now to 10%, nearly double her old rate. She defaulted. Soon after, the lender filed suit to foreclose.

Then a stroke of luck: A Legal Aid lawyer, April Charney, got the foreclosure withdrawn after discovering that the company that filed to foreclose didn’t own the Tuckers’ loan. The owner was actually a securitized pool of loans overseen by Deutsche Bank (nyse: DBnews - people ). And Charney has documents showing the pool bought the loan after the Tuckers defaulted–an illegal purchase for most pools, including this one. That means a court might refuse to recognize it owns the loan. Charney is arguing it should do just that.

“I buy time, then get lenders to cut interest rates and fees,” says Charney, who claims she’s stopped dozens of foreclosures over ownership issues. Other lawyers are making similar moves in Maryland, New York, Massachusetts, Ohio, Kansas and Washington State–often forcing sloppy lenders to offer generous terms to avoid litigation.

Charney, the Tuckers’ lawyer in Jacksonville, stumbled upon the industry’s paperwork problem two years ago after noticing that nearly all lenders seeking to foreclose against clients were filing “affidavits of lost notes”–essentially requests that a judge assume they own the loan since no proof is at hand. She eventually took on a prominent foreclosure filer–Mortgage Electronic Registration Systems, a Vienna, Va. company whose name is on 30% of the mortgages in county clerk offices around the country. Earlier this year mers, which represented banks and pools in at least 20,000 foreclosure filings in Florida since 2001, suspended lenders from filing in its name.

From the JAX Legal Aid Website:
Ms. Charney graduated from the University of Miami School of Law in 1980 and is admitted to practice law in Florida and in Arkansas. Ms. Charney worked with other legal service programs in Florida and Arkansas, and also maintained a private practice prior to joining JALA’s staff. Ms. Charney is a Senior Attorney in JALA’s Consumer Unit the Predator Free Zone,and is located in JALA’s main office in downtown Jacksonville.

If you live in the Jacksonville area, you may be in the best luck of your homeowner life because you may have access to the best predatory lending and foreclosure defense attorneys in America.

Keep up the great work April!


Posted in Loan Modification News | 70 Comments

70 Responses to “Foreclosure Fighters – April Charney”

  1. FHA Loans says:

    naca is great but they make you pay a monthly fee…which is just like paying a higher interest rate

  2. Paul says:

    RE: “naca is great but they make you pay a monthly fee…which is just like paying a higher interest rate”

    Why is NACA not entitled to charge a monthly fee? They provide a valuable service to troubled borrowers, and the NACA attorneys and NACA staff are professionals who make their living providing their services.

    - Paul

  3. Moe says:

    You don’t know what you are talking about.

  4. april says:

    There are more than one NACA. The NACA that I belong to is a lawyer association for consumer lawyers. I believe the poster is referring to the NACA run by Bruce Marks,who just signed up with Countrywide. As to the fee issue raised by Paul in his posting, this is definitely a problem and it should be directed to Bruce Marks and his funders, like Countrywide. Many operations, like Bruce Marks’ operation charge fees that are not regulated or controlled.

  5. Moe says:

    Thanks for clarifying that April.

    I believe the poster was referring to them also. Yes, I am very aware of the fees associated with Bruce Mark’s NACA. I have had SEVERAL homeowners complain about the fees and never really getting anything in return. I have also been told that the waiting list is very long and just getting feedback is difficult. I have not verified these reports but I have no reason to not believe them.
     
    I am very disappointed in Bruce Mark’s new business relationship with Countrywide. Mr. Marks went from protesting Countrywide and calling them sharks and predators on October 21, 2007 outside of a Countrywide office and then a few days later they are in partnering in saving homeowners.

    I am new to the non-profit scene and the ins and outs surrounding it. But this just does not seem right and it is a HUGE conflict of CONSUMER interests.

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  7. Jw says:

    .we just need everyone to stand up and demand it. Yea, right…With Thanksgiving coming in a few days, I plan on sending this to my mortgage company as a thanksgiving card!

    Thanksgiving Won’t Be The Same This Year Without A House
    I love Thanksgiving. It’s always my favorite time of year. A time to surround oneself with friends, family, and four walls to help keep out the cold. Now, I know the fact that we don’t have a house might seem especially noticeable around the holiday season, since it’s kind of a McCray tradition to spend Thanksgiving indoors, but that’s no reason to be ungrateful.

    Believe me, I miss living in a residence just as much as the next member of this family. I don’t know if it’s the warm feeling you get from not being on the street or the sense of comfort that only comes from having shelter from the elements. But the hard truth is, no matter how much we loved our house, the bank isn’t going to give it back. So the only thing to do now is try and have the best Thanksgiving we can without it—and if I know this family, that’s just what we’ll do.

    After all, Thanksgiving is not about materialism. We don’t need a bunch of expensive store-bought decorations of pilgrims and cornucopias, or even places to hang them. 5-year-old Dylan drew a turkey on the back of a discarded pizza box by tracing his hand with my lipstick. If that doesn’t say “This is a McCray Thanksgiving,” I don’t know what does! We’ll show everyone under this highway overpass that this family isn’t going to lie around on our newspapers and feel sorry for ourselves.

    Isn’t family what this season is all about? Looks to me like we’re all here—except for Karl, who ran off with that TCBY cashier and abandoned us at a service plaza just off the Ohio Turnpike. But we pulled together and overcame those hardships, and through it all our family has continued to get closer and closer in order to avoid freezing to death by the side of the road. In a way, maybe all this happened to remind us to focus on the things that really matter, like family.

    We will always fondly recall sharing the Thanksgiving meal with Grandma, Grandpa, and all of our aunts, uncles, and cousins. We’re just going to have to try a little harder to remember this year, because we’re dead to them.

    Look on the bright side! Who needs a roof over their heads when they’re surrounded by such wonderful memories and the good cheer of the holiday season? Just the other day, for instance, I was reminded of the rich crimson color of Aunt Jean’s delicious homemade cranberry sauce when I noticed the puddle of blood Dylan was playing in. And now that I don’t have to worry about holiday weight gain, I sure would love to find a big heaping spoonful of that sauce in the Dumpster!

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  9. Dear April,

    Thank you.

    Ellen Brown and I also working toward the education process in America, regarding the legal facets of how the system is supposed to be functioning.

    Obviously, foreclosures being a lucrative illegal business must stop.

    Please refer to Ellen’s book (a copy of which I am sending to you), The Web of Debt. http://www.webofdebt.com

    It is our goal to expose the “Note” (original), as the proof to the monetization of signatures – or, where the “loan gets sold,” but in reality the signature of the borrower/s is monetized and therefore the note must be “retired.” In other words, there will never be an original note and I do believe this practice of digital entries as automatic transactions – debt as credit – has been ongoing since the 1980s.

    This means that the “money” in America has been defrauding homeowners for a long, long time.

    As our signatures are monetized to expand the credit as debt, and the “reserves” and/or “loans” are non-existent other than digital entries (on both the asset as well as liability side of ledger), then one wonders why so many homeowners have had their wealth transferred into the pockets of the “bottom feeders” who have no contractual right whatsoever, to profit on the real property.

    Thank you for your time. I look forward to hearing from you.

    Best, Roberta
    http://www.atelier3151.com/roberta

  10. Daniel says:

    I couldn’t understand some parts of this article oan Workout News, but I guess I just need to check some more resources regarding this, because it sounds interesting.

  11. I agree with the fact that ownership of the note is a pre-requisite for a valid foreclosure case. I’d also add that the lender needs to prove that it meets the minimum contacts requirements for “in personam” jurisdiction in the state where the lender is suing the homeowner.

    The proliferation of legal education books and educational websites such as this one, are a waking call for the lending and legal industries; thus making the job of a debt collector attorney more difficult after enjoying decades of easy judgments against individuals who don’t know their rights. As an article in the New York Times titled “Dubious Fees Hurt Homeowners in Foreclosure” dated 11/06/2007 suggests, if one were to carefully analyze debt collection cases, one would probably discover that many of them lack legal standing due to insufficient proof of claims. The amount of debt collection void judgments in our courthouses is perhaps so vast, that it’s almost impossible to estimate how many there are. If every void judgment were vacated with damages, the whole financial and legal system would crumble perhaps representing an unprecedented shift in wealth.”

    I’ve written a book about this topic available at http://www.Beat-Debt-Collectors.com

  12. gary says:

    hello

    are lenders still not filing in the name of mers

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  15. Dan Adams says:

    lost home in Massachusetts Oct 17 2007. want to file counterclaim based on this ” atty had no standing to file foreclosure suit” process.

    thank you Dan Adams

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  17. Harold says:

    I want to file a motion to dismiss for lack of subject matter jurisdiction, as lender filed lis pendens BEFORE executing and recording assignment of mortgage and note. They did NOThave standing at time of filing complaint. Need help with articulating this cause of action. What relevant case law can I cite?

  18. Hi I have spoken to April in hopes that she could help me in Phx.Az. and stop my home from being foreclosed on as she has done for the 14 families in Ohio. She said she couldn’t help me . She suggested the web-site for an Atty. on http://www.naca.net.Not one law firm is willing to have the courage of April is all I come up with after calling them ALL.
    I owe over a Million on my home, I am a Real Estate Agent for 17yr’s and because of the foreclosures I am making less than 1/3 of my “normal” income. I can not make the payment’s of $8500 a month. My same model just sold as a Foreclosure and closed around the corner from me for $424,000 I have had mine up for Sale for over 9 month’s with not ONE phone call from a Buyer.
    I need help!!! MY E-Mail address is sandra@sandracrosby.com
    PLEASE!!!

  19. Angela G says:

    Sandra,

    April Charney is awesome, and I wish we could clone her. :) HOWEVER, she is only one person, and already has over 100 clients in her own area. I would suggest reading EVERYTHING you can about forclosure in your state, paying special attention to the assignments, and read everything that quotes April Charney. I have managed to halt (maybe temporarily) a foreclosure on a house in which I am a tenant with an option, with April’s help. I wrote a Motion to Dismiss (flawed, I’m sure) and with April’s help an Order. Neither were “successful”, but they were effective, in that I got a hearing, and pointed out the flawed assignment, and got the Judge to demand proper assignment. It actually worked to my advantage, I think, that the case was not dismissed. They would just re-file, this time doing it all correctly.

    That’s a brutal situation you’re in. One has to think, hey, why would you WANT to keep paying over a mil for a home when comps are selling for less than half?

    How long have you had the loan….and who was the lender?

  20. Tara says:

    So how does one go about finding a trustworthy Lawyer experienced in this area? I live in Southwest Florida, an area listed in the top-ten for foreclosure rates, yet I find few posts online from homeowners in this area. Those of us who bought in 2005 certainly had inflated appraisals, and since only the teaser rates were affordable, is it not predatory lending when the payments after the ARM adjustments are not affordable? Now our home is worth $60,000 less than we paid for it, which only goes to prove how over-inflated the appraisals really were in this area of Florida at that time. I’m done paying $3,500 a month for a house that sold for $169,000 only 5 years before we bought it. We’re walking away, and I’d like to find a way to have this mistake not haunt us for the next ten years. Our lender is Option One and if what I read online is correct, we’re in for a helluva ride with this company!

  21. Carl says:

    Is not the filing of a false claim a criminal act under Title 18? (See last line of Bankruptcy Proof of Claim Form)”Plaintiff is the owner and holder of the Promissory Note and Mortgage”.

    Would the continued filing of multiple false claims by the same bank lawyer mean two or more (bankers and lawyers) have conspired to commit fraud?

    When Bank A assigns to Bank B, to C, D, E, then F/Freddie and Fannie, – Then same Bank A uses a “Copy” of the original Note as collateral with Bank 1,2,and 3, – isn’t that reason for further examination into the “Lost Note” issue?

    “We Find The Notes”

  22. gary says:

    hello

    need help in f/c lost note claimed by sun trust

  23. Delores L Williams says:

    I am located in Compton, (Los Angeles County) California. I want to know if the procedure to stop foreclosures also apply here. Is there an Advocate or Attorney in this area that you may know who can assist me in this effort? Is it possible to prepare the documentation that is needed myself? I appreciate your immediate help. Thank you.

  24. Kevin Lamson says:

    THE MERS FIFTY MILLION MORTGAGE MELTDOWN.
    By Kevin J. Lamson. April 28, 2008.

    PART I. The Promissory Note Evidence Ownership of Debt and Standing to Bring Suit.

    · The Fundamentals:
    In the period beginning in 1996 and ending in March of 2008, Mortgage Electronic Registration Systems Inc., a/k/a/ MERS, has been named as a “mortgagee” on over fifty million mortgages. Yet MERS has never orginated a single mortgage loan nor loaned a dime to a single borrower. In 2001 the New York Surpreme Court ordered the Sufulk County Clerk to accpt MERS mortgage for recording as a purely ministerial duty. However the Court denied MERS request for a judgment declaring that MERS mortgages were “lawful in all respects” On an borught by the Sfuolk County Clerk, the New York Court of Appeals affirmed the lower Court’s order directing the County Clerk to record MERS mortgages. The Court of Appeals did not reverse the lower court’s denial of MERS request that the Court delcare MERS mortgages “lawful in all respects”. MERS, for obvious reasons, did not want the New York Court of Apeals to affirm in a published opinion the fact that MERS mortgages are legal nullities because they violate the legal prohibition against seperating a lien from the debt it secures and/or that MERS has no standing to enforce a mortgage when it is not a creditor entitled to collect a debt. The New York Court of Appeals did address and frame these issues as important but left them to be decided at a future date.
    · No Note No Foreclosure
    In reality MERS is really nothing more than a shell, or a front corporation for its so-called “members”. Many of these MERS members which were once the some of the most prestigious names in American finance. Many MERS members are now reporting hundreds of billions of dollars of losses as result of their illconcieved to scheme to ramp up mortage orgination so they could flip millions of mortgage loans loans into trusts in exchange for trillions of actual dollars. One big problem was that many of these trusts were never delviered the promissory notes and therefore have no evidence of ownership of the debts they puportedly purchased. To make matters worse many of the debts evidenced by these undelivered promisssory notes were supposed to be secured by mortgage liens. However in place of mortgages being executed in favor of the original lender many of these mortgages were executed in favor of MERS. Because never holds these notes or owns a debt and is therefore not a creditor it has no legal standing to enforce a debt, or so it told the Nebraska Court of Appeals in 2005. However this lack of standing defense must be raised by property owners who are sued either by MERS or these National Bank trustees. The most effective economic way to raise this lack of standing defense is by bringing a motion to dismiss in response to the complaint to foreclose. In mant states and in federal court this is called a Rule 12 motion. This motion is brought in place of answering the complaint. An honest attorney in most areas of the country should be willing to preapre and bring such a motion for $500.00 to $1,500.00 for a distressed homeowner. Or you might be able to find a lawyer to do it for you pro bono and perhaps a legal aid attorney. kev_o_shanter@yahoo.com

  25. [...] adding to concerns that the banks are more exposed to subprime risk than previously thought. April Charney, a consumer lawyer with Jacksonville Area Legal Aid that advocates against all manner of predatory [...]

  26. [...] the individual homeowners and reducing principal balances.  People like Eric Fagan in San Diego, April Charney in Florida, and others, are all sticking up for the homeowners.  They are beginning [...]

  27. Ggecko30144 says:

    Sorry…simply do not get this. Life isn’t fair. Sometimes things happen. Capitalism is like that. People bought houses, they knew the terms, they didn’t pay. Game over. Now rent. Companies like Mers and Countrywide are a collection of individual shareholders who invest their money and look for a return on investment. Not one mortgage company is foreclosing a home where payments are current. The people doing the foreclosing are no more evil than the people not paying their bills. There was never an “evil loan”, just people gambling that they could live above their means because things were going to get better…and they didn’t. I get the argument that-in order to perfect a foreclosure- the proper person has to file it. I have no problem with that. I hope that every judge grants those motions, but requires every foreclosure defendant using that defense to keep the house current during the pendency of the dispute and it bars any other claim from any competing CDO. If the owner isn’t paying, then who cares which mortgage company gets the house…not the owner.

    I also love the response of kev-o-shanter…that “honest” lawyers will file something for $500 to $1500. Affordability is an economic decision, not a moral one. Whether an attorney represents Countrywide, for $400/hr or John Doe for free is about a personal decision, not a statement regarding personal integrity. An honest lawyer gives Countrywide its $400/hour worth and gives qualified legal aid applicants the assistance to which they are entitled. I have know several Legal Aid lawyers over the years…like the general population, some were fabulous. Also like the general population, some were crooks, some were lazy and some were incompetent and such a complete waste that the $500 would be overpaying.

  28. [...] Now read some of April Charney’s press clippings. Click here and here. [...]

  29. kwc says:

    I hav been holding the mtg co off for 1 1/2 years.You can to. But you have to do your home work and really wont it.I have $200,000 in equity you can believe i do.I could write a book on it.
    Good luck

  30. kwc says:

    Q for April or anyone .In 3 years i well be 62 years young and can q for a reverse mtg.Q if i am in foreclosure can i get a reverse mtg loan .

  31. Gittel Perl says:

    Hi we are having problems with our Home Equity credit line National City Bank how could i get helped ?

    Thank You

  32. Lorraine Maier says:

    I have a countrywide home loan,I wrote them a hardship letter and have been calling them about the bail out for home owners and the retention program.To date they aren’t helping me at all.There home retention team is in India and you can hardly understand them.So if I can’t understand them how can they understand them.I need help,my husband abandon me and my flower shop closed in 2007.The story goes on so if you can help me PLEASE CONTACT ME…Thank you for your time.Lorraine

  33. BMC says:

    The real problems is that we as citizens have not paid attention over the past 30 years while big business and big government as their agents, paid complete attention. we were too busy watching football or shopping to realize what was being done to us by slicksters. now that we are waking up and finding that big business and their friends have stocked the courts with people of the same ilk and mind set. the jails are full and the housing foreclosure market in full swing. if you stand back and look at the forest instead of the trees,you realize if you have half a brain, that this was and still is an “us” againt “them” issue. its very hard to find a judge in a state or federal court who wasn’t put there by the same interests that are breathing down our necks everyday,to see the light on anything in the interests of the common man. they don’t want to see the light. they are part of the same pattern and schemes that put this country in the hopper and they are all profited very well by doing so. where did you go William Brennan (associate justice US Supreme Court 1956-1992)

  34. William says:

    The numbers of “fraudulent” mortgages appears to be on the increase or at least light being shed on this growing issue and with no concrete movement toward resolution. As a result, the numbers of families adversely affected should be of prime concern. After all, working families pay taxes and purchase goods and services, which in turn propel the economy forward. Perhaps it is time someone propose a class action litigation in order to provide the “strength in numbers” approach toward attempting to solve our collective mortgage woes. What say you?

  35. kathy says:

    I have been trying to work with Freddie Mac for months. I have seen where you have worked with attorneys from Missouri. Can you refer me to someone in MO that could possibly help me?

  36. mahilena says:

    The problem now with MERS is that they are coming into foreclosure cases as co-defendants (DN02) who do not FILE DEFENSES therefore causing a default and a Sale Date based on such default. The first defendants (DN01) have to note the Judge that a summary judgement should not be entered for a co-defendant’s default. This is a trick from MERS AND THEIR ASSOCIATES.

  37. Bank of Ameica Sucks, its equal to the Sopranos with nice little cubicals and nasty little people spitting out mean and avindictive form letters to loyal customers who have been paying their bills and mortgages on time. I’m one of those people whose bank has screwed them over. I have banked with B of A since 1977, and now they are threatening to foreclose on my house. I was a victim of deceptive loan practices and forbearance. loan modification mis information. I would love to speak to you in regards to my dreadful cicumtance.
    Marlyn Tracey 727 xxx-xxxx

  38. Chuck says:

    Hello, I live in the stae of Georgia. Who can I call in the stae of Georgia that can help me save my home? i’m dealing with Wells Fargo in a foreclosure case that’s bee going on for over a year and a half. Something is going on that I can’t put my finger on. I had to file a Chapter 7 but they still came after me for late fees even after the Bankruptcy was discharged. I was wanting to keep my house and possibly work something out with them even before I file but they turned me down. also, Wells Fargo is the servicer of the Loan, so I filed a Bill Of Particulars asking who actually owns the Loan, the Mortgage backed security and the Securitized debt opbligation that it was apart of. Ther attorney has yet to respond to any of my request. I had two attroney here that I have since fired because they don’t seem to be interested in the questions that I’m asking or fighting on my behalf. Can someone provide some direction?

  39. Teresa Emery says:

    Dear Atty Charney,
    Are you the woman in my dream that god sent to help people like me. I am in the foreclosure stage. The only one taking of me is just a paralegal processing our paperwork under the law office. W have been victimize so many times people asking a lot of money to save our home. I dont know if you can still help us now since it is being process to the lawyer office if so please contact us. Thanks Teresa

  40. Teresa Emery says:

    i just mail my letter i forgot to tell you where we live whos attorney you work with that familiar with all the law you are dealing with were are tired of being rip off paying attorney and realtors just promising nothing, please help us find the right person knows what is going on. Teresa Emery

  41. Vicki says:

    I need help PLEASE been getting the run around from a lawyer I hired and from the banks for months I am very close to loosing my home I am working 2 jobs and just cant make ends meet I lost income last year because of the economy yes I am still working but my income dropped approx 20 grand a year and my mortgage payment went up $300. a month this year due to property tax. I have been talking to the bank but they have not been truthful with me. and my Lawyer dosent return phone calls only calls and asks for me to send documents to them but has only contacted my bank one time since december 2008. I am not sure if I have been scamed or if this really takes this long. I have been asking for a modification since December 08. I am in Orange County New York and I need help fast.
    someone please contact me is there anyone here who can help me ?
    vmdougherty@hvc.rr.com

  42. Al Jones says:

    Dear April,

    I need help… I have been out of work for a year now and I have used up all my saving. Now I am 90 days past due. I sent my mortgage company a letter to produce the note and they sent me back a adjustable rate note document. This document does not look like the original.

    Can you refer me to someone in Chicago, IL that could possibly help me?

  43. Al Jones says:

    90 days past due…

    Can you refer me to someone in Chicago IL that could possibly help me?

  44. Dean says:

    Countrywide filed foreclosure papars…in the papers they included a nieghbor? The county clerk discovered that countrywide had the wrong LEGAL description on our note PLUS they lost our note. They have now sold or transferred (which we don’t know) our missing note OCWEN. Any suggestions? Can we get them to go away? No one can prove they own the original note…..

  45. Julie says:

    I am in California and need help foreclosure is around the corner. Is their someone in Calif. you can refer me to to help with determining if we have problems with the mortgage note?

    Thank you
    Desperate Homeowner

  46. Anthony says:

    Hello I am also in california in the bay area and need a attorney since mers has filed in court on my property. Please advise to get a rule 12 processed.

  47. Gabriela says:

    Hi April,

    I am a single parent and I have been served foreclousure papers two days ago. I have been trying to modify the mortgage since February, and I have been in default ever since. I was suprised to learn that Bank of America served the papers. I have no knowledge of who held the note. The original mortgagee was SouthStar. The legal docs state that BOA has no knowledge where the orginal note is. I live in Orlando would you recomend a lawyer that will help.

    Thanks,

    Gabriela Bidot
    407-removed for your safety

  48. terry owens says:

    I need areat estate lawyer/civil rights lawyer.I was fraudently foreclosed upon.NO SERVICE OF PROCESS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!. I have the entire case certified.Thank You ,Terry Owens im in Missouri

  49. Sam says:

    April
    I need HELP !!!!!! HELP ME PLEASE!!!!!!!!!!!
    I need an honest attorney’s help. Because I have talk to 20 lawyers and have been scammed by 3 of them. They have taken my money & has not shown up in court on by behalf. Can you refer me to someone in Chicago who will not just take my money and do nothing for me.
    I was fraudently foreclosed upon. I never received SERVICE OF PROCESS.

  50. Peter Schaps says:

    My long time friend and once business associate Kevin J. Lamson
    kev_o_shanter@yahoo.com has passed away this past Saturday while on business in California. Kevin an active Pro Se possessed a gift of understanding and legal mind that very few lawyers have after many years of education and legal practice. He will be missed and not so missed by many who have worked with him or worked against him in the court room. Rest in Peace brother Lamson.

  51. HELP!!! I have a loan with chase bank. the loan doc’s were not signed forged and the are trying to foreclose. However they do not have the loan doc’s and original note. this entire transaction was fraud including the title and escrow company that took off with $500K of my partners money!

    PLEASE HELP.
    GREG

  52. Patricia Kay says:

    Anyone needing help in the state of Florida, please contact me. We have a team of lawyers, retired bankers and Judges to help homeowners in trouble. We take a certain amount of cases pro bono. Please e-mail me with your contact information. We are being successful in our efforts, helping homeowners stay in their homes!

  53. SHAMEER HASSAN says:

    I NEED YOUR HELP WITH MY MORTGAGE. I HAVE A VERY UNUSUAL SITUATION WITH MY MORTGAGE THE BANK LOST MY NOTE AND EVERYONE I TALK TOO IS GIVING ME A DIFFERENT ADVISE, I WAS TOLD THAT YOU ARE THE ONE I SHOULD TALK AND THAT YOU ARE THE BEST PERSON FOR THIS SITUATION. I REALLY NEED YOUR HELP. CAN YOU PLEASE CALL ME OR EMAIL ME.

  54. James says:

    Hello April/Pat,
    Does anyone know of a good Lawyer in the Chicago area that can fight forclosure and get a Bank to Modify the loan instead?

  55. Emily says:

    Hello April,

    Please email me. I need your services. I’m in a simular situation to the article You Own Nothing. I’m in Ohio.

    Emily

  56. kheverly says:

    They invented their own renegade contract, for whatever special benefits they hoped it would grant them (and we can be sure they had some special benefits in mind). And if their bargain gives the borrower some unusual advantage, then good for the borrower. The MERS contract, like any new and innovative contract, must stand or fall on its merits as it is tested in various venues. The MERS mortgage made it a part of the mortgage contract that MERS is “the” designated party (the only and specific party under that contract provided) to foreclose on that mortgage in event of default by the borrower (and MERS ignored the law that renders MERS unqualified to foreclose). Plaintiff is not MERS. And MERS is disqualified.

    That is the only contract the MERS borrower signed, and what the MERS borrower relied upon. MERS is the designated party to foreclose (qualified to do so, or not). MERS either deliberately or accidentally ignored the Florida Law and thought it of no consequence or account to do so, as it produced its’ renegade “re-invention of the wheel”. MERS established requirements for who can foreclose a mortgage and designated a party to foreclose which is unqualified under Florida to foreclose. Only MERS is allowed to foreclose under the MERS contract. Plaintiff is not MERS.

    A simple syllogism leads to the conclusion that the mortgage in which MERS was specified as the designated party to foreclose is unforecloseable: cannot be foreclosed (is not much good as a mortgage because its “party to foreclose” is unqualified to foreclose); therefore what is left to MERS for its renegade bargain but unsecured creditor law? Too bad for MERS, even all the associated Kingpins of Wall Street. Good for the borrowers. That was the bargain MERS offered, and the borrower is entitled to rely upon it. The law offers no tilt in favor of one who makes a bad bargain, nor does the law prevent or save anyone from making a bad bargain.

  57. Gwen says:

    I too, am an advocate for saving consumer homes. However I am not an attorney, but I still feel for the homeowners. I have had several individuals who have shared their stories with me, however do not know where to direct them. How can I get assistance for individual such as these. My brother also who has had a definite hardship(loss of children and divorce) is currently in need of some help. He has signed up with NACA (Bruce Marks organization) but as stated earlier, the waiting is horrific. The help is not satisfactory. Can you tell me, in the ILLinois area, where we can seek help. There are so many fraudulent companies out here….where do we turn? PLEASE.

  58. Elizabeth says:

    Dear April,
    I have property in West Palm area of Florida. I hired a modification company to help out with a pending foreclosure. The mortgage company did not accept my modification because my income was just shy of what they determined it should be. The modification company said they would work with the mortgage company to renegotiate the modification. This has been five months now. I have tried to get an update from the modification company but to no avail. Please advise.
    Elizabeth

  59. Maria V. Cheshire says:

    Dear April, I was today in JALA and my Case with it is No.: 10-0292772PC67. Mr Brian told me that the Allison Albert is ONLY foreclosure ATTNY, when he learn my papers he was very huppy and it is very suspicious: probably they “accept” from Banks and do nothing. I read about you and feel that you are the ONLY my Hope. My Case very good preperad by myself: MERS shows that there is NO Servicer. It is BOGUS and PREDATORY Mortgage. I have accent (originally from Russia). Today was 2nd Hearing on my pending Motions (about 20), Judge, seems to me corrupted, he ignores me as Pro Se, interrupted with irrelevant questions, he set 30 min. for ALL Mo-s to decide. It is crazy. I have the Court Reporter but not sure if Executive Reporters good. I had before two reporters who falsified my Record. There are many other obstacles. On May 11, 2010 I reschedule Hearing at 1:30 PM – 5:00. Opposing Attorney will be also. It will be HUGE battle. I have ALL PROVED Evidence and opposing DUMMY Plaintiff has none – I moved for “Requests for Production”. It is two month already and they failed to fulfill my Requests. They did not answered “Requests for Admission” properly as well. I know I am RIGHT but Judge did not let me to talk at 1st Hearing as well, but he gladly vacated my Opponets Default (I filed CounterClaim & Third-Party Claim. Please, review my Case No.: 16-2009-CA-011566 in Duval County Courthause. You will like my job! I so need you to represent me at Hearing. I filed several “hursh” Motions and it will be hard to press the Judge to follow the Rules. He said today that I should stop to file my Motions until these ones will be decided. PLEASE SAVE MY LIFE. Best wishes to you, dear, and see you soon. Thank you for you precious time and such a good care about indigent people. Maria C., 63 y.o. (Economist, Russian full time University: 5 years). I will call you tomorrow as well. P.S. and thank you “GOOGLE”, when I will win my Counterclaims I will donate you some of side effect of JUSTICE (money) – I wish I could put a Corporation into JAIL!!! These bi…es so deserve it!

  60. Cherie says:

    Ms. Charney, I saw you on a video about Attorney Babcock in RI. We have been battling foreclosure due to Attorney Sciviti’s wrong doings. We can not get a hold of Mr. Babcock to make an appointment with him and I was wondering if you could advise us on another lawyer that we could go to in this area. We had a lawyer in the area but he has done absolutely nothing and we seem to be in deep trouble even though we have been paying our mortgage all along, we are heading to foreclosure. Thank you for any advice you can give us.

  61. pat says:

    how can i find an attorney in san diego area who has been trained by april to help me with my foreclosure?

  62. karen says:

    Ms Charney, Need your help in Northern California. Been trying to get a loan mod thru Chase for the last year in a half.My husband had to have double knee replacements. Was on diability for the last year even though it was really hard I am only 5 months behind.I have got a total runaround with Chase.When i got mad and asked who holds my note because I am sure it is not them. The loan was done by Washington Mutual in 2006. jumbo 780.000. I am sure it was sold on secondary market right after it was funded.Chase bought out Washington mutual.I have been told by people who work for Chase that i have a private investor .I have asked ok who is it they get mad and won’t answer because they have no clue.What I need is a lawyer inBay Area That that you recommend that has enough guts to request my note. In CA note and deed can,t be split if it is that becomes Fraud Please Please Help Us.

  63. michaela m conca says:

    Looking for a attorney referral in the Broward County area of South Florida that believes in the April Charney deffense approach to mortgage foreclosure. Thank you in advance.

  64. gary andress says:

    I lost my home of 20 years to foreclosure the 13 of oct 2010 to illegal actions i had a lawyer that was suppose to know what was going on but didnt i dont know what to do we will be homeless in a few days i am disabled we have helped the homeless in the last 20 years and now i face the same faith is there are one out there that can help ms charney we need more people like you a person who is intrested in helping the people i learned of you to late i think if there is anything anyone can do to help i live in wisconsin please let me know as soon as possible god bless gary

  65. gary andress says:

    ms charney i need your help

  66. jay milton says:

    Ms. Charney,

    I was inspired by your knowledge and your conscious, sincere mind in helping people in your profession. I’d like to seek your confidence in finding avenues of help. A reply appreciated

  67. Lisa Scholz says:

    Dear Ms. Charney,
    If it at all possible for you to guide me to a reputable firm that understands the complexity of stoping foreclosure, frauduland and predatory lendors and truly getting to the appropriate level of individuals within these massive banking institutions. We have been in our home for 18 years and nearly 16 of them never missed a single payment. We desperately need help. I have researched and researched looking for help. We are in Denton County, Texas. We should not loose our home, I have tried to follow all of the instructions and completed everything to the letter, yet I speak to 20 something’s that in “most” cases are simply waiting for their next coffee break. Please, if you could send us to anyone that can help us save and stop them from taking our home. It has taken so long that to date we are back on our feet and can afford our home!!! Now we are so behind and so many fees accumulated during this process I am at a loss and desperate. Thank you for your work and hope. Lisa

  68. Michelle says:

    Dear April,

    I signed a loan modification to stave off forclosure in October of 2010 with Ocwen. Supposedly after three months of making the payments for three months they were going to reduce the payment after I payed an extra $500.00 a month for “Fees and escrow”. It is now March, I continue having to pay the extra, then recieved a letter stating that I owe an additional amount of almost 6,000.00 for escrow. They refused my payment in March. I believe alot of what I have seen in the articles like the “lost note” etc. applies to me also. Here is a real kicker, the Attorney for the lender is now inbed with South Florida Water Management District who wants my property for expansion of their Field Station. They made me an offer for a few $$ over what I owe, when I was prepared to take the offer to atleast get out of the debt and hopfully pull myself up by the boot straps, the District receinded it offer and decided to pick it up off the courts steps. They modified the property description to make nice with the District and gave them .5 acres of the land without notifing me. I did not think that that was legal to give away property that someone else owned.

    I know you are snowed under and can’t personally help me, but if you have any of your seminar attnys here in South Florida that has the scrotum to take this on, I would appreceiat a name.

    May the good Lord guide you and bless you for all that you have done for families and people in need. We have all been bambozzeled. I refied in 2005 to finish repairing my home from two hurricanes where my insurance Co went belly up, the FIGA gave me $0.20 on the dollar, the SBA would only loan $22, 800 and I had $65,000 in losses to my home. Bad move on my part but I had to have a roof and other repairs to prevent the mold deal.

    We are in a mess. Unfortuantley, FCAN doesn’t seen to be very active anymore, and have their own legal mess to cure.

    Anything to can do to direct me in the right direction, please do so!

    Michelle

  69. This report on April Charney and the Jacksonville Legal Clinic is FALSE. Over a year ago my wife and I went to JALA and applied for their help with our foreclosure. They declined to help stating that even though I could not work, she made too much money ($2000/m). A week ago, after a divorce which left me with the foreclosure, I requested help again. THIS TIME JALA actually said I made too little money and that they declined to help again stating a lack of income. I have a SMOKING GUN robo-signing case of forclosure fraud, and am consigned to defend myself pro se, I just need some help with the motions and paperwork.

  70. Dr Bob says:

    Dear Ms, Charney,

    My wife and I are in the process of purchasing (all-cash transaction) a short sale property in Southern Calif. We’re new to SoCal, and when I asked our RE agent for a recommendation ofr a good RE lawyer to assist in out purchase, she replied “We actually do not use attorneys in CA unless there is a legal action on a real estate transaction.The escrow officer will handle title and there is a title officer who will be your advocate.”

    Now, I don’t know (yet) whether this “title officer” she’s referring to is an employee of BofA (the bank who is “representing an investor” in this particular property sale), an independent agent, or what. My concern is that the title officer assigned to our case may NOT actually be acting as an advocate FOR US.

    So, I’m wondering what our course of action should be. We really WANT to buy this house…but also want to ensure that once we hand over a large percentage of our life savings, we actually have legal ownership of the property. Despite the apparently common practice in CA to forego the use of an attorney in RE transactions, I’m considering hiring a RE attorney anyways. I was also wondering whether it would make sense to purchase our own title insurance for this particular property.

    I understand that yo operate in Fl and not CA, but would appreciate any advice and/or insights you might have.