Showing posts with label legal battle. Show all posts
Showing posts with label legal battle. Show all posts

Monday, September 20, 2010

Where is Perry Mason when you need him?

Okay... so you (like me) are out of funds and  think that lawyer fees would be reasonable.  They are reasonable if you are sucessful. BUT, the problem is that while fighting foreclosure most people are bankrupt, or have no jobs and have used up savings.   So do you have 5-10K for a retainer?  

In the old days; when I watched Perry Mason, he would accept a $1.00 bill from potential client in distress and represent him/her.  Of course he had all the time in the world and never lost a case that I remember.

Today, fast foward about 60 - 70 years later and many lawyers have been burned.  Which makes it harder to take on needy clients.  Some will work pro bono but they can't take ALL pro bono cases.  We have some great lawyers here and most are doing all they can to help, while still keeping their staff, office rent and lifestyles afloat.

There are scam groups out there that will chisel 3K from people and then charge a huge fee if they win your house and they are not lawyers just people "helping".  These groups might take upwards to 50% of your home value and then tell you to refinance and pay up!    Is it any wonder that we are in the mess we are in today.  Those groups are no different than the conglomerate banks who seem to be greedy and non helpful to their customers. Foreclosing without warning while "modifing" a loan that was a toxic loan to begin with.  but I ramble on .

You can go pro, se and represent yourself, which is very hard work and takes a learning curve.  As for me, I am Pro Se while looking for a  Perry Mason type, who could smooth talk the court.  I could answer his phones and give him $1.00. Last I read about 60% of those going through a foreclosure fight are representing themselves, mostly due to funds, but some because they do not trust lawyers to fight like the homeowner does.

Enjoy this clip of the full Perry Mason theme song.


additional reading :Pro SE, Pro WHAT?  Learn court procedure through Jurisdictionary 
MSNBC:  The home you save could be your own
Pro Se Litigation Strategy
Steps to take if you are being foreclosed on 
List of referral auditors, lawyers and experts

Wednesday, September 8, 2010

The Battle for Stuyvesant Town - NYTimes.com

The Battle for Stuyvesant Town - NYTimes.com: "LEGAL
The Battle for Stuyvesant Town
September 7, 2010, 5:00 PM

The fate of Stuyvesant Town and Peter Cooper Village rests on the interpretation of one clause in a legal agreement.

Depending upon a judge’s reading of this agreement, control of the gargantuan housing complex in lower Manhattan will go either to the two investment funds Pershing Square Capital Management and Winthrop Realty Trust or to the senior lenders to the project, which include Fannie Mae and Freddie Mac.

This battle between these two parties originates in the financing structure for the $5.4 billion October 2006 acquisition of Stuyvesant Town by the Tishman Speyer Development Corporation."

At the time of this financing, the senior and mezzanine lenders entered into an intercreditor agreement to govern their relationship. This is an arrangement typically entered into by creditors with differing security interests to ensure that their relationship terms are set forth at the beginning of the investment. The general purpose of the agreement is to make sure that the senior creditors subordinate the more junior lenders, meaning that the payment of the senior lender debt comes first.
In January, Tishman decided to cease paying all of the debt, both senior and mezzanine. This was the equivalent of deciding to hand over the keys to Stuy Town to these lenders.
Yet the battle only really began on Aug. 6, when Pershing and Winthrop bought the three most senior tranches of the mezzanine loans. Winthrop had actually held an interest in the loans since 2007.
The loans had a face value of $300 million but the two funds paid>>>>KEEP READING 


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