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  1. #26

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    Quote Originally Posted by BankruptcyGuy View Post
    I'm pretty familiar with the Michigan Rules of Professional Conduct, and dual-tracking is nowhere near the activity for which you would withdraw as counsel. It's a legal position for the servicer to take [[foreclose in the event of default). The real failure is by the servicers--telling customers one thing while doing another. That's not on the lawyer.
    .
    The dual tracking T&T was engaging in was in giving homeowners the impression, that while they are participating in modification negotiations, the lender will work with the homeowner to avoid foreclosure. That was a demonstrably false as T&T was ALSO initiating the foreclosures at the same time they're telling the borrower the lender is working with them. I think that its at least arguable that is walking right over 4.1, .2 , .3, .4 there... .but that is just me...a guy who doesn't practice law in that area...but did pass the bar.

    Its a bait and switch... it wasn't "illegal" at the time, but it sure was pretty damn shady.
    I don't see too many circumstances where residential lenders bid anything less than the full debt.
    Really? from the stuff I've seen in Macomb and Wayne county, that is almost never the case. The situation seems to usually be the home was purchased for 200kish, note was some sort of stupid 0 down/ interest only/5 yr Arm garbage, house is now worth 85-90k on a good day, lender owes well over 200k [[unpaid principle +late fees, unpaid taxes and insurance..etc.) ... bank buys it at the sheriff's sale for about FMV. Then waits out the redemption period.
    Last edited by bailey; October-23-14 at 09:11 AM.

  2. #27

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    Quote Originally Posted by bailey View Post
    The dual tracking T&T was engaging in was in giving homeowners the impression, that while they are participating in modification negotiations, the lender will work with the homeowner to avoid foreclosure. That was a demonstrably false as T&T was ALSO initiating the foreclosures at the same time they're telling the borrower the lender is working with them. I think that its at least arguable that is walking right over 4.1 , .3, .4 there... .but that is just me...a guy who doesn't practice law in that area...but did pass the bar.

    Its a bait and switch... it wasn't "illegal" at the time, but it sure was pretty damn shady.

    Really? from the stuff I've seen in Macomb and Wayne county, that is almost never the case. The situation seems to usually be the home was purchased for 200kish, note was some sort of stupid 0 down/ interest only/5 yr Arm garbage, house is now worth 85-90k on a good day, lender owes well over 200k [[unpaid principle +late fees, unpaid taxes and insurance..etc.) ... bank buys it at the sheriff's sale for about FMV. Then waits out the redemption period.
    The MRPC rules reflect how a lawyer deals with its clients. There are sadly few restrictions on how attorneys deal with opposing parties. If so, Fieger et al would be out of business.

    Your anecdotal information may be different from mine on DJs. Either way, if I'm representing a borrower who is double-crossed and THEN the lender seeks a judgment, I'd hammer the lender, including counterclaiming.

    The activities of these servicers has ranged from bad to appalling.

  3. #28

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    Quote Originally Posted by DetroitPlanner View Post
    Vote for Kerry Benetivolio instead! http://www.youtube.com/watch?v=90asEtTMTm4
    If anyone was in doubt of your character I think you just proved it. Trott isn't running against Kerry Benetivolio, that was the primary. He's running against Bobby McKenzie, why is it necessary for you to post false information?

  4. #29

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    Whether or not what he did [[or does) is illegal, why in the world would anyone vote for someone who made all his money doing something so nasty and sleazy for a living? Do you really want someone who professionally takes advantage of the hardships or others, with little or no compassion, representing you and making legislative decisions?

  5. #30

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    Quote Originally Posted by EastsideAl View Post
    Whether or not what he did [[or does) is illegal, why in the world would anyone vote for someone who made all his money doing something so nasty and sleazy for a living? Do you really want someone who professionally takes advantage of the hardships or others, with little or no compassion, representing you and making legislative decisions?
    I wouldn't, but then again its been many years since I considered myself a Republican.

  6. #31
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    Quote Originally Posted by RapBrown View Post
    If anyone was in doubt of your character I think you just proved it. Trott isn't running against Kerry Benetivolio, that was the primary. He's running against Bobby McKenzie, why is it necessary for you to post false information?
    Bentivolio refused to accept his loss in the primary and is running as a write in candidate.

    http://www.wxyz.com/news/political/c...e-in-candidate

  7. #32

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    Quote Originally Posted by Pam View Post
    Bentivolio refused to accept his loss in the primary and is running as a write in candidate.

    http://www.wxyz.com/news/political/c...e-in-candidate
    But that's not Trott's competition, McKenzie is running even up with Trott, I'm sure Bentovolio is not even registering. At best it was disingenuous.

  8. #33

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    Juline and Peter at the protest against the Foreclosure King under a poster of Bankula.





  9. #34

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    Quote Originally Posted by EastsideAl View Post
    Whether or not what he did [[or does) is illegal, why in the world would anyone vote for someone who made all his money doing something so nasty and sleazy for a living? Do you really want someone who professionally takes advantage of the hardships or others, with little or no compassion, representing you and making legislative decisions?
    Would you describe the process of pandering to others for money and lying to the public repeatedly while catering to special interests "sleazy"? I would. That encompasses virtually all politicians.

    In my opinion, the reason people are out protesting is that a) Trott is running for office, and b) it's a long way to Bank of America/JP Morgan Chase/Wells Fargo's offices.

  10. #35

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    Perhaps the protesters should carry torches to his home, rather than picket a business. Might be more effective, will get more press coverage.

  11. #36

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    No one takes television or the newspapers seriously in this town, they've been compromised for a long time. For all intents & purposes this is the press

  12. #37

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    Quote Originally Posted by Bobl View Post
    Perhaps the protesters should carry torches to his home, rather than picket a business. Might be more effective, will get more press coverage.
    Politely, to what end? If the goal is to keep him out of Congress, best to go knocking on doors in the 11th district instead.

    If the goal is to stop foreclosures, do you really think that's going to do it? If Trott folded up operations, there would be dozens of law firms to take his place. People might think that sort of work is "sleazy," but I'd argue that large swaths of the profession [[trial lawyers, insurance defense, etc.) would then be placed in the same category.

  13. #38

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    Quote Originally Posted by BankruptcyGuy View Post
    Politely, to what end? If the goal is to keep him out of Congress, best to go knocking on doors in the 11th district instead.

    If the goal is to stop foreclosures, do you really think that's going to do it? If Trott folded up operations, there would be dozens of law firms to take his place. People might think that sort of work is "sleazy," but I'd argue that large swaths of the profession [[trial lawyers, insurance defense, etc.) would then be placed in the same category.
    Exactly! Could the best approach be to put less lawyers in political office?
    Last edited by ABetterDetroit; October-22-14 at 08:33 PM.

  14. #39

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    Quote Originally Posted by Bobl View Post
    Perhaps the protesters should carry torches to his home, rather than picket a business. Might be more effective, will get more press coverage.
    Even more so if they spent a whole night breaking glass,seems to be a growing trend against the posh or those who may have more weather they deserve it or not.

    Was that the reason of adding the word posh into the heading? In order to bring up or capitalize on anybody with means is evil?

    By doing that they have taken away the individual in the case and created a group attack,kinda hurts the case.

    Kinda like protesting for $15 per hour at Mc Donald's winning the battle but losing the war,take this guy out and 15 more are ready to take thier place,unless the system is changed it is still going to be a memory 5 years down the road while everything stays the same.
    Last edited by Richard; October-22-14 at 09:18 PM.

  15. #40

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    "...but I'd argue that large swaths of the profession [[trial lawyers, insurance defense, etc.) would then be placed in the same category..."
    On this point, we agree.

  16. #41

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    Quote Originally Posted by Richard View Post
    Even more so if they spent a whole night breaking glass,seems to be a growing trend against the posh or those who may have more weather they deserve it or not.

    Was that the reason of adding the word posh into the heading? In order to bring up or capitalize on anybody with means is evil
    I don't believe that is the case. By all economic measures I do very well but I can still spot a scumbag for what he is worth.

    It's funny that someone struggling to eat that shakes down someone for pennies is reviled as scum of the earth but someone that takes advantage of the system and screws over those that are struggling to make millions are revered as the 'job creators'.

    Seeing that, financially, I am firmly in the middle between Trott and the 'scumbags' trying to get by, I would prefer to become one of the 'scumbags' before I would ever consider becoming Trott.

    Different strokes for different folks, I guess. Thankfully, I just purchased a home out of country and the US will be my home base but will, in the near future, be more my vacation place than my home. The priorities in this country are severely fucked up if people can truly defend this piece of trash. For some, money doesn't make the funk dissipate, it just douses a lot of cologne on top of the filth to hide it. Sadly, too many dumbasses just smell the cologne.

  17. #42

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    Quote Originally Posted by RapBrown View Post
    If anyone was in doubt of your character I think you just proved it. Trott isn't running against Kerry Benetivolio, that was the primary. He's running against Bobby McKenzie, why is it necessary for you to post false information?
    Nice try trying to think I don't know what I am talking about.

    Kerry B is running as a write in candidate Rappy! He filed for it. https://www.facebook.com/KerryBentivolio
    Last edited by DetroitPlanner; October-22-14 at 10:14 PM.

  18. #43

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    Quote Originally Posted by jt1 View Post
    I don't believe that is the case. By all economic measures I do very well but I can still spot a scumbag for what he is worth.

    It's funny that someone struggling to eat that shakes down someone for pennies is reviled as scum of the earth but someone that takes advantage of the system and screws over those that are struggling to make millions are revered as the 'job creators'.

    Seeing that, financially, I am firmly in the middle between Trott and the 'scumbags' trying to get by, I would prefer to become one of the 'scumbags' before I would ever consider becoming Trott.

    Different strokes for different folks, I guess. Thankfully, I just purchased a home out of country and the US will be my home base but will, in the near future, be more my vacation place than my home. The priorities in this country are severely fucked up if people can truly defend this piece of trash. For some, money doesn't make the funk dissipate, it just douses a lot of cologne on top of the filth to hide it. Sadly, too many dumbasses just smell the cologne.

    Where ever one goes in the world there is always those who worship the dollar over humanity,always has been and always will be I guess.

    My concern about all of this going to hell in a hand basket scenario is it has lost the fight for the future common good and become more instant gratification.Justice now instead of looking at the big picture.

    like you $22k bought me a 3 bedroom high rise rooftop condo in downtown Bogota,everything one would need in life within a five minute walk.Poor but happy they call it. But there is no place like home as they say.

    Maybe this saber rattling will go somewhere but personally I doubt it as we already gave both the government and the engineers of the whole mess a free pass,this is just trickle down and giving up and going for the bottom feeders,be loud enough and maybe levie some fines,pay 10 million to make 50 million,it still offers no solution.

  19. #44

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    Quote Originally Posted by DetroitPlanner View Post
    Nice try trying to think I don't know what I am talking about.

    Kerry B is running as a write in candidate Rappy! He filed for it. https://www.facebook.com/KerryBentivolio
    Oh I would never question if you know what you're talking about, it's your intent I question

  20. #45

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    Quote Originally Posted by RapBrown View Post
    Oh I would never question if you know what you're talking about, it's your intent I question
    Just because he is still running does not mean I support him. I admire his never give up attitude, but he has no chance, too many tow the line, vote straight ticket republicans in that district.

  21. #46

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    Quote Originally Posted by BankruptcyGuy View Post
    The MRPC rules reflect how a lawyer deals with its clients. There are sadly few restrictions on how attorneys deal with opposing parties. If so, Fieger et al would be out of business.
    except the rules I cited. Which are specifically about how to ethically deal with opposing parties, represented or not, and third parties.

    Your anecdotal information may be different from mine on DJs. Either way, if I'm representing a borrower who is double-crossed and THEN the lender seeks a judgment, I'd hammer the lender, including counterclaiming.
    I think the point here is the borrowers tend not to be represented. Lawyers tend to work for money... someone being foreclosed upon usually doesn't have any. T&T, Orleans...et al. exploited the ignorance of the lay person. Basically they live down to every negative stereotype of shyster lawyer behavior.

    The activities of these servicers has ranged from bad to appalling.
    the servicers activities were enabled by people like Dave Trott and foreclosure mill lawfirms like his.

    I'm just sort of surprised the way he made his money has not been a high profile issue. He's bent over backwards to avoid mentioning it... going so far as to dress up in a hardhat costume and stroll through a factory as if manufacturing is how he "created jobs".
    Last edited by bailey; October-23-14 at 09:14 AM.

  22. #47

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    Part of the problem with America, jt1, is that it's considered cool in America to game the system as long as you're making money and within the "law", no matter how crooked the law is. In fact, we respect it and imagine ourselves doing something similar. It's sad.

    I've long said that there is something wrong about a society where "cheating" on your taxes with inflated deductions is considered a mainstream, virtuous act. I get that we all hate paying taxes, but you can't have a society where everyone is cheating. But we all figure we've earned it, that there are enough welfare leeches to justify our worst behavior.

  23. #48

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    Quote Originally Posted by nain rouge View Post
    I've long said that there is something wrong about a society where "cheating" on your taxes with inflated deductions is considered a mainstream, virtuous act. I get that we all hate paying taxes, but you can't have a society where everyone is cheating. But we all figure we've earned it, that there are enough welfare leeches to justify our worst behavior.
    Tax avoidance is not illegal, tax evasion is. Tax avoidance is only possible because our representatives in Congress refuse to overhaul the tax code. People wouldn't "cheat" if they thought they weren't getting fleeced. It's not about "welfare leeches"... to me it's things like mortgage interest deductions on vacation homes and boats and all the other various and sundry breaks only available to the wealthy individuals or giant corporations.

  24. #49

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    Quote Originally Posted by bailey View Post
    except the rules I cited. Which are specifically about how to ethically deal with opposing parties, represented or not, and third parties.

    I think the point here is the borrowers tend not to be represented. Lawyers tend to work for money... someone being foreclosed upon usually doesn't have any. T&T, Orleans...et al. exploited the ignorance of the lay person. Basically they live down to every negative stereotype of shyster lawyer behavior.


    the servicers activities were enabled by people like Dave Trott and foreclosure mill lawfirms like his.

    I'm just sort of surprised the way he made his money has not been a high profile issue. He's bent over backwards to avoid mentioning it... going so far as to dress up in a hardhat costume and stroll through a factory as if manufacturing is how he "created jobs".
    I don't think the T&T people are any better or worse than trial lawyers--that's my point.

    Any the servicers undertook those activities in cases with foreclosures [[and attorneys) and those where no attorney was involved. I'm guessing that the T&T people were probably more careful about what they would say than the average call center person.

    Either way, I think the blame is wrongly focused. There is, however, plenty to go around.

  25. #50

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    Quote Originally Posted by nain rouge View Post
    Part of the problem with America, jt1, is that it's considered cool in America to game the system as long as you're making money and within the "law", no matter how crooked the law is. In fact, we respect it and imagine ourselves doing something similar. It's sad.

    I've long said that there is something wrong about a society where "cheating" on your taxes with inflated deductions is considered a mainstream, virtuous act. I get that we all hate paying taxes, but you can't have a society where everyone is cheating. But we all figure we've earned it, that there are enough welfare leeches to justify our worst behavior.
    The US is nowhere near the top of the tax evasion contest. It's much more prevalent in Europe and Asia.

    http://www.theguardian.com/news/data...cost-a-country

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