Phillips & Garcia P.C. and Attorney
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You can pause music below:
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Wright Interviews
Carlin Phillips and gives
law firm thumbs up
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Written by John Wright
December 13th, 2011
I followed up with yesterday’s blog by calling Attorney Carlin Phillips with Phillips & Garcia P.C. in Massachusetts for comment on the LeForge complaint. For the record, Mr. Phillips was very cooperative with my investigation, even if he seemed a little reluctant with answering every single question I had about the LeForge’s complaint. He simply expressed his sincere regret that the LeForge’s were upset, while at the time, he seemed to express that there were two sides to this story. Mr. Phillips was professional and polite the entire time. I actually enjoyed my conversation with him.
Judge John Wright: “How many people work for you Mr. Phillips? How big is your Firm? The LeForge’s said that you represented that it was a big firm.”
Carlin Phillips: “Look, I am not going to get into that. That information is clearly listed on my webpage.”
Judge John Wright: “Mr. Phillips, it is not a top secret question. If it is on your webpage, I am guessing that you wil have no problem answering the question. Otherwise, you should know that I am kind of like a Pit Bull, which means that if you run, I might just automatically start chasing you because you are running.”
Carlin Phillips: “We are a small firm.”
Judge John Wright: “Thank you for your honesty Mr. Phillips. Did you tell the LeForge’s they would not have to pay any out-of- pocket expenses?”
Carlin Phillips: “Yes that’s true.”
Judge John Wright: “Did you tell them that that they needed to get their previous attorney they had fired to allow Phillips & Garcia P.C. to contract him.”
Carlin Phillips: “Yes I did.”
Judge John Wright: “Mr. Phillips, why would the LeForge’s need you if you would end up having them use another attorney from their state?”
Carlin Phillips: “Well, actually, it is a common practice for a law firm to contract an attorney in the client’s state, if we do not have a license to practice law in that state. (Confirmed to be correct) We simply work together with that attorney, as we advise them. This is because more often than not you will find that there are a lot of attorneys that do not understand the legal issues surrounding wrongful foreclosure litigation. Phillips & Garcia P.C. simply have experience and expertise in this area.”
Now what do you think of that picture up there on the right? Now that is what I call a POWER COUPLE!
I expressed to Mr. Phillips that the LeForge’s were suffering unimaginable consequences after his withdrawal from representing them in their lawsuit. It was right about then that I could hear Attorney Phillips tone drastically change from a guarded tone to a more empathetic tone. Attorney Phillips tried to explain to me that he was sincerely sorry that they were suffering. This was even though he seemed to not agree that Phillips & Garcia P.C. was ultimately responsible. Mr. Phillips urged me to read the LeForge’s “active” publically posted lawsuit for the reason why the events transpired the way they did. He suggested that this would explain what happend. Though I appreciated that Mr. Phillips is correct that there is two sides to every story, I still could not understand why Mr. Phillips would not give a statement concerning why he would not any longer defend the LeForge’s in their lawsuit. This is especially since Mr. Phillips was at the same time insinuating that the reason could be found in a “public record” somewhere. At any rate, it is also important to mention that the LeForge’s were under the impression that their case is no longer active. Therefore, if there are any attorneys out here reading this, which I am already sure there is, I would appreciate it if you could please send me status of the LeForge’s lawsuits. The information is listed below.
BofA Case # 1:10-CV- 00859-TWP-DKL
Feiwell & Hannoy Case # 1:11-CV-0526-RLY-TAB
For the record, I was able to validate that Phillip & Garcia P.C. is indeed a fairly reputable law firm who seems to have a record of caring about the homeowners. The fact that they are a “small law firm,” simply does not suggest that a homeowner will not receive a high level of quality representation. Unfortunately, it is the LeForge’s opinion that the Mr. Phillips determined that their lawsuit “no longer had any value” because Phillips & Garcia P.C.is a small firm. I think they were saying they hoped that big things came out of small packages Mr. Phillips. This is because the Leforge’s would end up concluding that a small law firm lacked the funds to take on the largest bank in the world. For example, Attorney Spivak said that it could cost the average person somewhere around one hundred and fifty thousand to fight Bank of Stealing America individually, which is why some law firms charge an upfront fee from each litigant to lessen the cost. Otherwise, it could be argued that the law firms might not be willing to put their own money (Nobody blames them) for a lawsuit that there is no case history to tell them they have a chance of winning. After all, it is not like someone was hit by a car. Instead, it seems to be uncharted waters, because Phillips said that judges are still trying to understand the issues surrounding the wrongful foreclosure lawsuit, such as the potentially illegal, fraudulent, and simply unsafe practice of banks selling the same loan maybe SEVEN TIMES, and then seeking payment the eighth time from the homeowner. (PRICKS!) At any rate, Attorney Phillips is absolutely correct that the judges are still trying to wrap their mind around it. Evidence of this can be found in the transcript below where a Judge goes on the record with saying just that.-Transcript
Attorney Carlin Phillips and I must have chopped it up for over an hour, but only after I decided to stop asking him questions concerning the LeForge’s specific case, while choosing to move the conversation into an area where Mr. Phillips seemed to be more comfortable. That would be with the topic of The Great Mortgage and Wrongful Foreclosure Crisis. This is when Mr. Phillips suggested that there are no more “Banks,” but in fact, there are only “Servicing Companies” now, as he suggested that these banks have found a more profitable customer base in servicing loans for investors. This is even thought the Serivcer cannot even identify the investor in most cases. Phillips went on to explain that the old customers (us) simply have no leverage in the situation. That is why the banks/servicers could care less if you go to another bank or their competitor. I think they call it their “Who gives a shit policy”. Bullshit! Who shit? You Shit! Bullshit! They don’t give a shit!
Now here is my favorite part of what Mr. Phillips told me. Attorney Carlin Phillips is investigating the Independent Foreclosure Review Program documents that millions of Americans are receiving in the mail. This is because Phillips, like us, fears that it has all the fingerprints of the potentially irregular, fraudulent, and simply abusive program, such as the HAMP program might have been. According to Phillips, he said that the questions were hard for him to understand, and he is even an attorney! That is why Phillips fears that the average homeowner will not understand the question, while he predicts that there will be many law firms across the nation that will begin to capitalize on the fact alone, but by offering a service to help you with them. He stated that “They will probably charge some huge amount like $5,000.” Sheesh! Does it ever end? Why is the amount of $5,000 always seem to be the magic number with what law firms like to charge? How about if we charge them five grand to kiss our ass instead! At any rate, I was absolutely thrilled that Attorney Phillips was willing to work with us on advising us on how to proceed with the Independent Foreclosure Review Program documents. This is because, if you remember, I said that we needed to find an attorney who would educate us on the Independent Foreclosure Review Program, while warning us where the “roadside bombs” might be. Mr. Phillips said that he would be glad to produce a youtube to post on Piggyankblog when he is done with his investigation. – Thank you Mr. Phillips! We look forward to it!
I have to admit, Mr. Phillips is a hard guy not to like, and there is certainly something to be said about Mr. Phillips’ choice to represent clients on a contingency basis. That is why nobody can argue that Mr. Phillips was in this for just himself, because I simply cannot conclude that Phillips had anything to gain by withdrawing from a case that might have a potential settlement involved or had any chance of winning in the courts. Now granted, Mr. Phillips represented to me that he indeed told the LeForge’s that there would be no out-of-pocket charges from Phillips & Garcia P.C. to represent them, in which if I understand it correctly, it appears that Phillips & Garcia P.C. did not end up charging them for their services. That is why the question here is if Phillips & Garcia P.C. ever represented that they would be responsible for the fees of Attorney Robert Duff, who was the attorney that the Leforge’s had representing them in their state? However, and for the record, in context Mr. Phillips did admit to me that it was “regular business practice” for his Firm to “Contract attorneys in other states where they did not have a license to practices.” Therefore, I concluded that it might imply that Attorney Duff’s contract might have indeed been with Phillips & Garcia P.C. and not with the LeForge’s in the end. That is why I can only guess that this chain of events might have been caused by Attorney Duff’s choice to withdrawal from the LeForge’s lawsuit while rendering Phillip & Garcia P.C. useless to the LeForge’s because they were not licensed in the LeForge’s state. Unfortunately, the only who can probably bring clarity to this question is Attorney Robert Duff, but Doof…..I mean Duff simply did not answer my email request for comment. However, as I told Mr. Phillips, I will also tell Duff, which is that I tend to be a Pit Bull that simply starts chasing after anyone starts to run and not even really know why. That is why I have every intention of looking into the practices of Attorney Robert Duff. Here I come Mr. Duff!
In regards to Phillip & Garcia P.C., I am going to give them a clean bill of health. That is unless someone can produce me with a contract where Phillip & Garcia P.C. stipulated to the Leforge’s that they would be responsible for the Attorney Duff’s legal fees.
For the record, Piggybankblog has called the office of Attorney Curlin Phillip’s several times and left messages and sent emails. We never received a call back and, therefore, we can validate the any homeowner complaint that might suggest they indeed do not always return phone calls. (Updated 07/16/12)
Piggybankblog will consider the matter with Phillip & Garcia P.C. resolved at this time.
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