Attorney Nathan Fransen Wins “Free House” In Case Before 9th Circuit Court of Appeals
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Attorney Nathan Fransen Wins “Free House” in Case Before 9th Circuit Court of Appeals
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How do I know this? It’s simple. Over the last few years, I’ve watched him literally bang his head against the wall as California’s courts have unabashedly approved of MERS, disregarded flaws in the securitization process, not cared one bit who signed what, and in general ignored everything having to do with foreclosure cases except the fact that the borrowers hadn’t made mortgage payments in so many months. He argued complex legal theory and simple fraud… he was honing his approach, and although he had his share of frustrating days, he was careful which cases he took on, never following an unproductive path twice. I’d refer potential clients to him fairly often, and in most cases, he’d talk them out of filing suit against whoever they had thought they had wanted to file suit against.
Don’t tell him I said it, but he’s also just generally a very smart person, you know, paid attention in school kind of person… fairly well-read… knew about things outside his area of expertise… the whole bit. He also had both the patience and ability to explain things about the law to me when I was frustrated over how things weren’t working. When someone can keep complicated things simple, you know they understand them inside and out… and when they can hold their own in a debate with me… well, I’m sorry but that’s saying something.
So, he called me a few weeks back and told me quite nonchalantly that he’d had a very good week. I was happy to hear that someone had. What was so good about it? Well, he had won two of his cases and at least one would result in his client getting a “free house.” The other might be a free house too, or maybe just a pretty good size pile of money. It’s true… Nathan had gone in front of the 9th Circuit Court of Appeals… his first time, by the way… and beaten US Bank, hands down… in Causey v. US Bank.
It seemed to me to be an impressive win, because he was appealing after losing in the lower court. He’s smart, patient and methodical… three things that tend to pay off eventually, but he wasn’t just going up against US Bank… no, he was going up against the dreaded “free house,” meaning that if the court ruled in his favor, his client would no longer have a mortgage secured by real property. At best, the amount owed would be unsecured debt, like credit card debt, and that would mean it could potentially be discharged in bankruptcy.
But, don’t jump to conclusions because it’s not what you’re thinking.
He showed me how I could actually listen to him argue the case in court, the 9th Circuit has audio files of the courtroom proceedings online, and listening to it was fascinating. So I figured out how to download it and then convert it to a file format that I could put inside a podcast. Then I asked him to comment before and after the case so listeners would really get valuable information and be able to learn from his experience.
I don’t want to spoil it, so I won’t say anything more… well, okay I’ll say one more thing. As I listened to him argue his case in court, one thing came through loud and clear: Judges hate the dreaded “free house.”
This is one Mandelman Matters Podcast that you definitely don’t want to miss. Nathan sets it up in the beginning, then you hear the audio of the actual courtroom arguments, both his and the lawyer for US Bank… and then he and I argue various topics such as whether robo-signing should be prosecuted and by whom, along with several other things that I know are frustrating homeowners today.
Click here for link if player does not show up.
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My name is John Wright AND I AM FIGHTING BACK!
All Rise! .The Honorable Judge Wright has left The Courtroom of Public Opinion!
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6 Comments
Excellent podcast, thanks for posting on your site. Although, I wish everyone would stop using the term “free house” !! Any time the homeowner has to pay Attorney fees to go to court –basically teach the judges the current laws at issue and persuade them to uphold those laws as they should be applied to the different kinds of cases involving homeowners – there is nothing “free” about it. The sheer number of years that court cases carry on is ridiculous!! Especially when the laws are so cut and dry – buy yet the judges are seemingly bound and determined to keep from issuing a “favorable award” to the homeowner. Why are they allowed to base their decision on the way they “feel” that the homeowner is going to get something for “free” – buy yet the banks, servicers, etc. are receiving a “free house” when they win a case against a homeowner – because typically they have no monetary vestment in the property (risk of doing business if they paid pennies on the dollar if the loan was bought from originator or other assignee). Judges are pre-judging the case if they are one that believes the homeowner is getting a “free house” if they prevail. When the laws are applied to the facts of a case and a “favorable award” is determined – that is restitution for the prevailing party. It cannot be thought of as a negative restitution only towards the homeowner – just because it favors the homeowner s restitution in the form of a voided lien/mortgage. It surely was not for FREE!! Everyone involved in fighting to keep and stay in their home is paying dearly – through health issues, mental and physical stress, character defamation, time involved in research and court, etc.
It’s like pulling teeth to simply follow the law if it means the homeowner may prevail. Why are the judges so against the homeowners receiving a fair determination? Homeowners did not break the standing laws of contract, real estate, banking, business practice, etc., nor did they plan the corrupt schemes that have ruined the most trusted accounting of recording into land records and their associated fees due to the counties funds. Yet it is only the homeowners that are paying the price of those wrongdoings.
A justly deserved “favorable award” restitution to the homeowner would be a definite economy booster – no more house payment means dollars to spend shopping!!!
Keep up the good work and we stand beside you as you continue fighting back!!!
Anthony&Lisa comment is well put-PLAN B $$$ find a investor to buy your house for pennies on the dollar,list your house for shortsale,you are the person who has to sign the contract submitted to the bank on the shortsale offer,have the investor hold the note in a seperate contract after the sale is approved because right now the courts are being paid off and U can forget about them following case and state laws-i tried already and had two appeal judges rule DENIED!!!!!!!! Restore your credit in 2yrs and put another note on the home or sell for a big profit-street justice 101 to be continued………….
I second Anthony and Lisa’s statement to the word. As we all well know this has not been free and to add to Anthony and Lisa’s statement. Most of us if not all of us were harmed by the banks crimes causing economic loss. That is a huge part of this issue. Seems to be overlooked. My income was reduced by a hundred thousand a year (net profit) not gross. By now I could have paid for the house in full by the losses since 2006 on. The income harm is a huge direct cause of the foreclosures. Well documented by experts in the senate report Wall Street and The Financial Crisis; Anatomy of a Financial Collapse. Find the informaiton of this on Wikipedia and the case it self at the bottom of the Wikipedia article. and on the web on scribe. Why this is not in every case presented to the court is beyond me.
http://rense.com/general35/cor.htm
One issue I see here is a biased statement that the judge agrees the courts dont want the homeowners to receive a windfall. This should not be up to the courts. it is ok for the banks to get a windfall. But that is an issue that should not be before the court. The judge is to go by the law and not biased opinion. The judge accepts a windfall for the banks. Then the judge says will if I give them a free house and the bank then has the right to bring the note to court, the note will be an unenforceable note. Not a lost note but unenforceable note. Unenforceable notes also exhist if the note is not entered into the PSA.
I went after the banks and got caught in a legal issue about the land trust filing the suit,so i had to put title back in my name and use the law firm to continue.The banks are settling out of court on most suits if you have legal merit and the proper head hunters;the banks would rather settle 50/50 on the dollar similiar to a shortsale as to fighting the issue for 5 yrs,so you get the firm to file before you are sued by the bank,stop paying the note,because the banks would rather shortsale or settle for cash-remember the banks have already been paid by the insurance company when you go into default(90 days);the law firm gets 33%-so if you have a 100,000 note and the bank settles for 50,000;the firm gets 16,5000 and the banks are doing this-the free house deal the banks will fight because of the write offs and insurance bail out money from the government the banks loose. Happy Hunting!!!!!!!!!!!!!!!