FORECLOSURE ATTORNEYS IN OHIO

~FORECLOSURE ATTORNEYS IN OHIO
Common sense, investigation of the attorney’s previous work, diligence in asking questions to the attorney you might hire, spending some time investigating the attorney’s skill level-all this and more is needed when finding the right attorney.  Knowledge is power and if your attorney is lazy, arrogant, or just decides to sell you out – you’re screwed-So, moral of the story- don’t ignore your own instincts about an attorney, don’t be fooled by a short list of successes – As they say, every squirrel has to get a nut sometime. 
Oh- Don’t insult a squirrel by comparing to one lazy lawyer. 
This article about specific Ohio foreclosure issues should enlighten, no libel or slander.  The article represents facts regarding Ohio Cases.  What is the best defense to a lie – the truth. 
If you’re reading this, I will assume you are well aware of the past and current Ohio foreclosure cases and the outcomes.  I had Ocwen Loan Servicing, LLC which the national news has covered Ocwen in great detail in the recent years.  December 2013 – Ocwen agreed to a settlement over $2 Billion dollars not to litigate the litany of charges against them.  Ocwen news is never ending and most recently- Erbey is gone.  Good news for most to hear but they still can’t give up their old ways.  In a case involving Ocwen using US Bank, as trustee, as the Plaintiff- I hired Bruce Broyles of Youngstown Ohio.  WHAT a mistake.  After thousands of dollars and Broyles not paying attention – he lost.  Why do I say he didn’t pay attention?  In the first place- I made the summary judgment opposition which had evidence that you could only dream of – to top off the mountain of evidence I presented- was the attached discovery of an allonge which stated “New Century Mortgage Corp was the present owner and holder of the note” as of July 31, 2012.  The plaintiff’s pleading stated they were the holder of the note on March 27, 2012.  SO, which comes first – March or July? You can’t have 2 holders of the note at the same time, basic stuff.  This attorney blows this evidence when he gets to appeals.  What happened at the trial court level?  The opposing counsel wrote a summary judgment, submitted it to be signed by the Judge, a Judge who is known for being biased against homeowners, common knowledge thru the years that admissable evidence comes up missing- you scratch my back-I scratch yours kind of work, but off the bench because of the age requirement but guaranteed that he still has fingers in many pies and this judge was being investigated by the Sheriff’s department.  Moving on – Summary judgment is stamped in favor of none other than Ocwen.  Goes to appeals – Broyles is pressing the rights of a Pooling and Servicing Agreement and securitization.  Attorneys giving oral argument should be able to pick up on when the appeals court judges have made up their minds or when they are falling asleep.  These Judges were allegedly known for being big bank advocates. 
What does Broyles do in his appeals brief and oral argument?  It makes you feel like you hired a dried up prune who has only one tone of speech.  This attorney had a hand in the Schwartzwald case, the Roarty case and seemed to be speaking up for people against banks and servicers.  But – things went downhill after that.  I even ask him how things were going, he said – Oh-not good.  But, – It seems anymore that he can’t make up his mind.  Look at his blogging and advertising- He states in a blog that modifications are basically no good,they just roll the money over and you’re still being beat up by the bank.  In my personal emails, he states, modification is the best way to go. Imagine stating that with all this evidence.
 Can you imagine having TWO (2) holders of the note at the same time – at the time the complaint was filed and WAIT – the complaint did not have the mortgage assignment attached NOR did the Plaintiff amend their complaint to include it.  You know by the Supreme Court of Ohio’s decision in the Scwartzwald case – have to have interest in the note or mortgage.  Not many people are able to provide this kind of evidence in discovery – This attorney, Bruce Broyles, was handed this to use against OCWEN LOAN SERVICING.
Several things happened when I hired this attorney.  He pretended to be in the homeowner’s defense, afterall, he knew the fraudulent fees they were adding on to homeowners.  An ongoing example, they are escrowing for taxes but not paying the taxes.  There are endless examples but to the basic point of the drastic difference in foreclosure defense attorneys.  Americans who legitimately have problems with banks and servicers need knowlegable representation.  These people didn’t just all of a sudden up and say – we’re going to screw over the banks- they couldn’t afford all the illegal, fraudulent asinine fees that these servicers were adding on – Not to mention – when you call Ocwen – you get routed to India- after you are on hold so long, you get cut off- no operator has an extension.  Broyles trumpeted that he was the guy to hire.  Expertise in the appeals area, contract law, foreclosure defense, civil litigation, on and on.  The question you have to ASK – What kind of attorney loses a case with this much evidence?  The case, at the bare minimum, would have to be dismissed with prejudice.  But NO- Broyles had the golden opportunity to take this evidence and say to these judges – no matter how you like it – the Plaintiff has presented 2 holders of the note at the same time-this is proven by discovery evidence which included interrogatories etc- but he did not.  Whose side was he working for?  You have to wonder with this much evidence, do you want an attorney that does this?  This wasn’t a case of maybe there was an acceleration notice and maybe there wasnt OR maybe these charges are excessive but nobody has shown evidence OR the escrow was wrong – on and on.  Several cases have differest scenarios- BUT IN THIS case, Broyles knew better.  Did he take on so many cases, he couldn’t keep stories straight.  Was he just waiting for the checks ?  Oh- you got that.  I even have correspondence from him that asks for his money before it was due.  After hiring Broyles, I felt like I was pulling teeth to get my questions answered.  It was my money, I presented the evidence on a silver platter and he had the guts to not answer.  Finally after paying him $7300.00, I cut off the money- it wasn’t too long before I received an update on the cases – what a surprise.
BUT too late, he already lost the US Bank case which had more evidence than a person could actually believe a case could ever have.  I had ask Broyles before why he didn’t do a specific action and he stated to me that he was passive agressive – a lot of good that does you – if he loses anyway with all that evidence.  Broyles had plenty of opportunity to correct his damage and Take the case to the Supreme Court or file a wrongful action – But instead, his mind was allegedly on raking in the checks from his cases.  Passive agressive – keep that in mind.
If you even consider hiring this attorney – ask him several questions- he gives himself away- My personal opinion, people need to take the time to really ask questions and interview an attorney before hiring, you don’t want to find out later the real side they are working for.  Again, look at the facts in this case- there was a PSA from the SEC which was a certified copy submitted as evidence showing the endorsements that were suppose to be made and when but were not, there was evidence Ocwen was signing for a bankrupt company using an attorney in fact when that company had a permanent injunction placed on them by the State of Ohio, evidence of illegal robo signer backed up by the California clerk of courts certified document that was submitted – tons of evidence that this lawyer let them run over.  Oral argument -I was never told and I had to ask.  An attorney has a legal obligation to keep you informed.  Broyles did not keep me informed.  Did Broyles defend in my best interest and keep me informed.  NO- he did not.  Since he did not live up to the ethics that an Ohio licensed attorney is required to do and has taken an oath to do – I have ask for the return of my money.  Do you think that will happen?  Well, it should tell you what kind of lawyer he is.  Another crucial point to this case was the issue of the Plaintiff being a trustee.  If there is no trust, then no trustee.  No trust= No trustee!  Where was Broyles – he brought this up in a motion for reconsideration.  The appeals judges said, you just brought this up.  Don’t get the wrong idea about these 4th district court of appeals. They will do everything in their power to go against homeowners- it’s in their proven track record but this attorney Broyles had the duty to defend and be diligent.  Bruce Broyles did not even defend my counterclaims.  Broyles ignored those all together.  Another huge blunder – hiring an attorney who does not tell you that he will not use counterclaims.  Have you ever heard anything like that.  The name of the game- even myself as a layman knows how important and crucial counterclaims are to your defense, not Broyles, Broyles did nothing with them.  What lawyer doesn’t defend your rights when you have been screwed over by banks and servicers like Ocwen.  Broyles comes up with, it’s all about “leveling the playing field”–modification, you ain’t gonna get a free house or money damages.  You gotta give them something even when you have been illegally charged with trumped up service fees and have all the evidence and facts to prove fraud and corruption.  This is now his idea-give me the money and settle but then again he wrote an article criticizing JP Morgan on their modification calling names and how immoral that was.  But for him, its called “leveling the playing field”.  This is the same lawyer that told me Judges had “the black robe disease”.  This is the same lawyer that I had to ask when and how the oral argument went and he said it depends on who they rub elbows with. 
So, when you’re thinking of foreclosure defense attorneys in Ohio – Think again- Look at what Bruce  Broyles had in his corner.  Bruce Broyles was given a gift with this case and he lost.  Whether his mind was on greed, asleep, bought off, bribed- You be the judge.  There is no libel or slander from me, only the truth and the papers in this case, tell the truth.  This attorney has a pattern, when he loses a case, he turns it around and blames his client.  He states just because they didn’t see it our way.  If he had done his job maybe they would have had to legally even if so-called bias bunch.  Broyles had evidence, facts, documents, proof of fraud, exhibits and so much more to win, inconceivable.  Broyles even had the Plaintiff’s Affiant’s affidavit that stated she never viewed the original note- only a copy of a copy.  Why? Because the original was voided by the PSA and Securitization for violations of the New York Trust Law. Only a copy that was illegally robo-signed and illegally notarized and used for a dead bankrupt New Century in 2012 to transfer to US Bank.  People -look at the corruption Bruce Broyles ran over.  
That wasn’t the case – the evidence was there- it was his job to defend and present the facts of the case.  Remember, it is unbelievable – he had solid written evidence that there were 2 holders of the note copy at the same time, he also had a mortgage assignment that was never attached to the complaint or amended to the complaint.  A mortgage assignment that was fraud listing companies that went bankrupt to transfer what they did not have to the Plaintiff.  He also had a plaintiff acting as trustee for a trust that didn’t exist, the investors were duped.  You will also as it has been said by others before, you will find, he does not have a full time secretary- He answers the phone sometimes, sometimes his wife answers the phone and other times-more often than not-nobody answers the phone.  When he did have the guts to ask me for more money when I ask him questions about the case, the money wasn’t due yet-  When he ask me for money before it was due- he responded to me in an email – we are a small office and that is a lot of money-I also pointed out -if small office, not much overhead.  Clients don’t appreciate putting out thousands of dollars and having your lawyer be a wise guy and also stating he can’t be expected to keep up with the court dockets for vital info.  
The amazing aspect of this case is – the opposing counsel has to be scratching their head saying -what happened?  When I first met an attorney from Clunk Law Firm – that attorney was fired shortly after I met with him- Why?  It seems he showed papers from the file that wasn’t suppose to be shared.  Another attorney from Clunk Foreclosure Mill Law Firm confirmed that this specific attorney was fired.  When I told Broyles about this, he said- well, once they are that kind of attorney-they usually don’t get out of it.  Not true- Some do!  Their heart is just not in the crooked schemes and tricks that dirty banks, servicers, politicians and bad attorneys and judges play on people.
This article is not intended to give advice.  It is the contributors opinion and the contibutor is not an attorney.