Nationally acclaimed consumer bankruptcy attorney O. Max Gardner, III is bringing his proven foreclosure defense strategies to the Chicago area. Operation Strike Back The Foreclosure Fraud Defense Boot Camp will take place on June 18 and 19 at the Westin Hotel in Lombard, Illinois. Boot Camp attendees will join Maxs highly trained army of legal professionals who think like creditors so we can beat them at their own game.
Businessweek/Bloomberg calls Gardner the Go-to guy for consumer bankruptcy and describes his Boot Camps as a foreclosure Woodstock. Maxs Boot Camps have also been featured on CNNs Your Money, ABCs Nightline and the PBS Newshour, as well as in the New York Times, Wall Street Journal and Washington Post.
Gardner is passionate about protecting the little guy in what he sees as a national home foreclosure crisis. Our goal in presenting these Boot Camps, he says, is to provide the lawyers with the knowledge, skill and legal tools they need to provide the highest possible level of representation to their consumer clients.
His Foreclosure Boot Camp will teach legal professionals proven techniques for:
From his Salt Lake City office, Real Estate Attorney Walter Keane provides insight on the recent ruling by the Utah court of appeals which rejected the “split-the-note” argument.
On July 14, 2011, the Utah court of appeals issued Commonwealth Property Advocates, LLC vs. Mortgage Electronic Registration System, Inc. (MERS), 2011 UT App 232 (July 14, 2011). Keane says he found out about the ruling on July 15th during a court hearing in which Keane was arguing a quiet title cause of action based on “split-the-note.”
Keane, who recently taught a seminar for Utah Attorneys regarding his successful Foreclosure Defense strategies, explained that the “split the note” argument asserts that because MERS holds the trust deed (and the promissory note is held by an unknown third party due to securitization), the trust deed has been “split from the note.” This concept was first articulated in Carpenter v. Longan, 83 U.S. 271 (1872). Keane has based several of his cases upon this argument, and has been successful in using it to nullify trust deeds in Utah.
The Commonwealth opinion specifically addresses the “split the note” argument and fully rejected it. Following the rationale of the Utah United States district courts, the Commonwealth Court reasoned in Utah Code
California Attorney General Kamala Harris announced last week that California would pull out of settlement talks that would have released some of the countrys major banks from liability surrounding their lending and foreclosure practices, the Wall Street Journal recently reported.