The Foreclosure Crusader

LETTER TO THE EDITOR: Attorney advice is necessary

Published Wednesday, October 3, 2012

DeKalb Neighbor Newspaper

Julie Mignone & Seth Katz, Esq.

Attorney Advice is Necessary in Foreclosure Cases

EDITOR:

Just a couple quick points on the Sept. 19 Public Safety Corner column entitled “Six Mortgage Relief Scams You Should Avoid.”

First, the article paints mortgage audits and the use of general probabilities regarding securitization irregularities with a very broad brush. At Thompson Law Group, we use audits from certified auditors in all of our foreclosure matters.

While the usefulness of the audit varies from case to case (the most useful situations being where all trust tranches have been paid out), our experience has been that (in the case of securitized loans) there is almost always a strong argument to be made regarding the failure to abide by the terms of the trust documents and the failure to follow Georgia law regarding the attestation and recordation of deeds.

Second, while the article accurately describes a very real problem, we feel that it does not offer an adequate solution. While free services offered by federal entities such as HUD may be helpful in some regard, the fact is that the vast majority of HUD counselors are not attorneys.

Consequently, they are not ethically bound to zealously plead the homeowner’s cause, nor are they familiar with the legal standards relevant to permanently stopping a foreclosure or succeeding on a wrongful foreclosure claim in Georgia.

In contrast, licensed attorneys are policed by the Georgia Bar and are subject to discipline for being incompetent and unethical. This is why seeking the advice of an attorney who specializes in foreclosure is the best option.

Julie Mignone

Marketing and Media Relations Coordinator, Thompson Law Group LLC