Thank you, Max and Pete Barry. Your advanced consumer litigation seminar prepared me well for the many, many, many objections I made, which completely frustrated HLS's attorney and embarrassed her in front of her client. Judge Houser wasn't loving the fact that I was making so many objections, but I'm not going to apologize for it, and I think she knew HLS had problems. For example: HLS's attorney spent more than half an hour trying to authenticate the "original" note that contains the indorsements I'd never seen until last week - to no avail. I think the attorney kind of gave up on it - at least she didn't get back to it before the hearing ended. The key was the fact that the witness is an employee of the servicer, not the document custodian, and therefore was unable to testify as to the authenticity of the Note - which Max pointed out, thanks again!
Max, you are a jewel and I will definitely recommend you to others who have cases like mine. And if you would ever like a public reference, I can do that as well. In fact, I would be honored to.
I appreciate the settlement monies and all--but I think even more than that, I just really have appreciated YOU. I have met a few other attorneys and none of them have your patience and perseverance. You are one of the most patient people I have ever met. This is a tough world, with or without money, and I get so fearful so quickly. Maybe one day I can mature into someone as calm, respectful and patient as you.
You're an inspiration in many ways, I truly hope you always continue to be YOU.
I really appreciate all your input and expertise in the mortgage problems. Have you thought of writing a handbook on the subject of mortgage abuse along with all your forms?
I hope it doesn't get old for you to hear this, but you are a hero to many in the consumer debtors' bar.
If I can adopt and apply just a portion of your suggestions and strategies, and I really mean this, my career will have had a positive effect.
I'm posting a message to gloat a little, let you know I just settled an adversary with a certain credit card company that is the recent subject of certain vexation (for those of you who are presently cursing their existence), and to once again thank this list serve for its help and motivation.
I've settled about four adversaries in the past week that I would not have brought but for this list serve and all of its helpful information. While I have not achieved 7 figure settlement status yet, or for that matter, 6 figure status, these adversaries were all healthy enough settlements to make for the beginnings of a very good year.
And yes, as Max has said, there is nothing like a client who goes out to say "You know, who would have thought that I went to declare bankruptcy and my attorney actually made the creditor's pay me!" I've already reaped several referrals from these clients.
Between the adversary actions and the proof of claims objections (hopefully those go my way), I'm going to be able to truly focus on consumer litigation.
So again, Thank you everyone, Thank you Max. I don't know if I'll be in Boston or not, but I surely hope to be there and meet everyone in person.
John P. Neblett
I am always amazed at how gracious and unselfish Max has been with his time and work product. Clearly, he is doing it out of a sense of higher calling - to "right wrongs" as Billy says. I just want to say thanks, and to remind the listserve that he is a treasure of the highest order who deserves our respect and appreciation.
In Philadelphia in 2001, Max spoke and said that if you started doing some of the things he was doing in his practice you would starve the first five years, but then you could probably become a millionaire.
At that time I was working on my very first AP for a stay violation. We were being beat upon, the ch 13 trustee wanted all the money, etc. With some help from the 2001 NACBA meeting we settled the case for $15,000 and the client got to keep all the money.
Since then we have settled every AP we have filed. We have not done a depo in any of these cases, and our clients get some, if not all, of the money. We have settled a $30,000 AP with not even an interrogatory, because of what we have learned on list serve.
This week alone, in 3 days, we have filed 39 objections to claims, transfers, and have close to 10 APs waiting to be drafted. We can only do this because of what we learned from Max and list serve. One also gets some great websites that help also.
My clients have received over $100,000 back from creditors, and still counting. As Max says - you can make five cases out of every one you take in, and it's a lot cheaper to have 10 clients with 50 cases, than 50 clients with a basic BK. Learning this has not been a waste of my time, or of my client's time.
So, if you want to make money, and help your clients, read list serve, if you don't have time because you are already making money and helping your clients, then just ignore it or unsubcribe. If you are too busy just getting the daily intakes done, I would suggest list serve helps you avoid a lot of time on research, re-inventing the wheel, etc., so you will have time to start doing some other things that produce more money for you AND YOUR CLIENTS.
Today, thanks to Max and NACA, FDCPA, we are filing an AP for a 69 year old black woman who has raised 11 children, and never worked. She lives on her deceased husband's small pension on SS. She filed a ch7 several years ago after his death because of a reduction in income. Her total exemptions were $1,080.
Last month she got a demand from a collection agency trying to collect on a discharged debt. She was so upset, and embarrassed she got all "anxious" and her "pressure" went up. She had to go to the doctor, but was too embarrassed to tell him why her pressure was up. She is a diabetic. She finally told her daughter about the problem of having a bill she had no hope of ever paying. The daughter suggested she call us since we did her BK.
She was just sure that no one would send her a bill she really didn't owe, because folks just don't do things like that. She was sure that there was some exception to the BK rules, and that she still owed this debt.
Yesterday on list serve I was able to get Barbara and Rachel to help me get an address, the case John Rao sent this AM on another case, had a great cite in it to the 524 issue I was looking for a cite to. Only because of list serve can we timely do all this for this client. If I would have had to track down an out of state bank address and name of a bank officer, it might take months of research. I got the info in less than an hour because of list serve. That never would have happened on a board.
List serve is better than "swimmies."
And from the bottom of my heart I thank everyone of you who have helped me and my clients, many of who are elderly and minorities, who can't get help anywhere else.
Feel free to contact us with any questions by calling (704) 487-0616 or by using the form below.