Lawyer advises foreclosed clients to break back into their homes

[Capt_John]

Michael Pines, who was baseball legend Lenny Dykstra's attorney, admits to breaking into homes at least half a dozen times, leaving clients to squat while he defends their legal right to possession.

Attorney Michael Pines believes breaking the law is necessary to force courts to examine how banks do business with distressed homeowners.

http://www.latimes.com/business/la-fi-foreclosure-lawyer-20110114,0,6219153.story

The Earls, all 11 of them, had been evicted from their Simi Valley home. Attorney Michael T. Pines pleaded with a Ventura County Superior Court judge to let the family back in.

Jim and Danielle Earl had fallen behind on their mortgage payments after a business reversal. But the six-bedroom house that they shared with their brood had already been sold to an investment company, Judge Barbara A. Lane pointed out. The eviction would stand.

Incensed, Pines vowed to hire a locksmith and enter the vacant house illegally.

"I'm going back there," Pines declared, gripping the lectern. "And I hope I get arrested."

"I certainly hope not," Lane shot back. "That is a blatant disregard of this court's order."

With Pines, the threat at the October hearing couldn't be written off as courtroom theatrics. The 58-year-old attorney admits to breaking into homes at least half a dozen times, including one before with the Earls, leaving the clients to squat in their homes while he defends their legal right to possession. His unconventional methods have gotten him fined by a judge in San Diego, arrested in Newport Beach and threatened with contempt — and jail — in Ventura.

More foreclosure cases are headed for court, housing experts and legal analysts say, as troubled homeowners run out of options and lenders pick up the pace of evictions. But they also note that people who want to stay in their homes have limited options in states such as California, where a lender can seize a house without a court order. That has prompted Pines to pursue some radical tactics and might cause others to imitate him — if he ever manages to win.

"Homeowners have the right to seek relief in court," said Boston lawyer Gary Klein, who has sued several banks over lending practices, but Pines' break-in strategy "ups the ante considerably."

Ventura lawyer Doug Michie said, "Most attorneys won't admit it, but they admire his convictions."

"I certainly don't have the courage to do what he's doing," Michie said. "I'm afraid of getting arrested."



This right here is what we need more of in America today-Courage!

Courage to stand up to injustice, to stand up to the law because you KNOW it is right.

This is the kind of courage that our country was founded on.

This is the kind of courage that Americans embraced to force FDR to make the changes that we now take for granted.

[TwilightGardener]

1. Not sure that's a good idea. Might make the judge unsympathetic, might

end up with police called or neighbors misunderstanding and thinking it's looters...

[Capt_John]

6. the judge was already unsympathetic so they had nothing to lose

It's hard to believe but some of these judges might even be bought off by bankers. Just because someone is in a position of authority doesn't mean they deserve it or are good people.

[DCKit]

2. Had a discussion with a friend last night...

His mortgage has been transferred numerous times and is now with Chase. With all the irregularities, I have serious doubts that Chase has legal title to the property, or any legal right to collect the mortgage payments.

He bought his place cheap over ten years ago, and is in no danger of not being able to make the payments. However, once the mortgage is paid off, will he have a legal title?

[Capt_John]

11. good question!

n/t

[Mark Maker]

3. FTA:

Pines has at least six properties in foreclosure, owes banks more than $2 million and has filed for bankruptcy protection. The trustee is trying to sell Pines' law offices in Encinitas, Calif., because the attorney hasn't made loan payments in more than a year.

"I filed bankruptcy myself because I stopped paying," Pines said. "I followed my own advice. I said I'm not going to let the banks steal from me."(snip)

Although Pines advises his clients not to pay their lenders, he wants to be paid.

"I tell my clients that if you're living in a house for free, you should be able to afford to pay a lawyer," Pines said, adding that he usually charges an hourly rate of $650. Pines said the Earls became his clients after they were referred to him by another attorney.

Six homes of his own in foreclosure, $650 an hour and he has failed to save even 1 house?

Sounds like a real advocate for the downtrodden to me.

98% of the lawyers in this country give the other 2% a bad name.

[Capt_John]

7. I agree, he is not the best example of an advocate for the downtrodden

I wish there were good lawyers out there that would offer their services for free or at greatly reduced rates for people facing foreclosures. Many of the foreclosures are illegal but the newly homeless find it difficult to come up with the money to pay a lawyer and fight when they are now just trying to survive.

Perhaps there are lawyers on DU willing to help families facing foreclosures?

[SoCalDem]

4. Mixed feelings here

While I think the banks should be made to 'rent/lease' the homes to the people occupying them until the legal wranglings have been completed, I also don;t think that people should be living "free" in homes they contracted to buy, and then quit paying for.

a 6 bedroom home in Simi Valley is a pretty pricey commodity, ans if it's already been "sold", there are people who plunked down money for that place (even if it was unfortunate that a family had been forced out).

This whole housing thing is something that needs to be handled FAST.


We all know that people were convinced that quirky loans were okay, and many signed up for homes they never should have been in in the first place. Many of them stayed there a long time without making payments. Sometimes you need to accept the fact that you stayed for a long time in a nice place you never should have been able to be in, and then move to a place you can afford.


Millions of us are continuing to make regular payments on houses we cannot sell for what we owe, but we keep paying, knowing that we need a place to live, we made a contract, and the upside-down-ness of real estate happens all the time.

[kestrel91316]

5. I bet the state could EASILY pass a law requiring banks to rent month-to-month

to foreclosed evictees until the forclosure is final, or perhaps even until the bank resells the property.

But will they do so? NOOOOOO. That would make way too much sense.

[Capt_John]

19. good idea!

Sounds like a great way for Jerry Brown to kick off the new governorship.

[Lance_Boyle]

21. If they won't pay their mortgage, why would they pay rent?

Would rent on a foreclosed property even be any less than the mortgage payments? And how would the new owner (the bank) be forced to do anything it did not want to do with its property?

[Capt_John]

8. Many of these foreclosures are illegal

All kinds of people signed up for the government program for HELP refinancing their payments and got screwed over.

There are lots of extenuating circumstances that were not just the people deciding to stop making payments.

[KansasVoter]

9. This is wrong and illegal! But must be ok here!

[Capt_John]

12. What the banks are doing is illegal!!

How Courts are Helping Banks Screw Home-Owners
http://www.rollingstone.com/politics/news/matt-taibbi-courts-helping-banks-screw-over-homeowners-20101110?page=4

Congresswoman Marcy Kaptur Urges Squatting In Foreclosed Homes
http://www.democracynow.org/2009/2/3/rep_marcy_kaptur_d_oh_urges

Bank Of America’s Christmas present: Foreclose Even Though Not A Payment Missed
http://ctwatchdog.com/2010/12/24/bank-of-americas-christmas-present-foreclose-even-though-not-a-payment-missed

Banks Accused of Illegally Breaking Into Homes
http://www.nytimes.com/2010/12/22/business/22lockout.html?hp=&pagewanted=print

2 States Sue BofA for Mortgage Fraud
http://www.nytimes.com/2010/12/18/business/18mortgage.html

Homeowners' Lawsuits in Several States Allege they Were Victims of 'Mistaken' Foreclosures
http://www.news-sentinel.com/apps/pbcs.dll/article?AID=/20101210/BUSINESS/12100321

Class Action Lawsuit Against Countrywide: California
http://fedupusa.org/2010/10/09/class-action-lawsuit-against-countrywide-california/



and in the midst of all that
Treasury Blocks Legal Aid for Homeowners Facing Foreclosure
http://www.thenation.com/blog/156973/treasury-blocks-legal-aid-homeowners-facing-foreclosure


Pretty obvious who our government is working for, and breaking the law and ignoring the constitution is nothing to our lawmakers.

We are supposed to keep following the law while they kick families and your grandma out of her home for no reason?

Just because you make or 'uphold' laws in a position of authority doesn't mean that you deserved that position or are a good and decent person. These days, it is just the opposite that gets you into positions of power.

[KansasVoter]

14. Not every bank! And some people are just flat out wrong and choosing to not pay!

[Capt_John]

17. I side with the people.

At this point in time I do not trust anything bankers or our government does. It's not my fault, they did it too themselves.

If people 'choose' not to pay, it is probably because those assholes outsourced their jobs and/or the insurance/hospital industry screwed them over.

[KansasVoter]

22. So hell, maybe I'll not pay my car payment either and steal it back once repossessed.

[treestar]

10. Not ethical

Inform clients of what the law is, not what one wishes it were or ought to be.

Why not get the mortgage co. to let them stay? They don't need empty houses.

[TRJuan]

15. Good!

It's not like the banks need the homes anyways.

[Capt_John]

16. They were trying to stay in their home

The judge said the eviction stood because their loan had already been sold to an investment company.

Pretty stupid fucking reason!

[treestar]

24. But when you're a lawyer you need to tell them the law

Though maybe he did and they take the risk.

[Catherina]

13. Go for it. We need more of this. Rec'd. n/t

[Capt_John]

20. thanks

:hi:

[Capt_John]

18. If everyone did this, the system would be overwhelmed and they would have to make changes

They would have to start helping people stay in their homes in the first place.

This is how a peaceful revolution will work!

We as a united people have to say enough! There are millions of homeless school children! Can anyone imagine what it would be like to try and attend school while homeless, much less actually do well? In the meantime, there are 18.9 million empty homes. It is just stupid and heartless.




From Rose Chernin "On Organizing the Unemployed in the Bronx in the 1930s"


"We, meanwhile, were standing out on the balcony. I would address the crowd gathered in the street below: "People, fellow workers. We are the wives of unemployed men and the police are evicting us. Today we are being evicted. Tomorrow it will be you. So stand by and watch. What is happening to us will happen to you. We have no jobs. We can't afford food. Our rents are too high. The marshal has brought the police to carry out our furniture. Are you going to let it happen?"

Or sometimes we would address the workers who had been brought to take the furniture: "We are talking to you, you men who have come here to throw out the furniture of unemployed workers. Who are you? You, too, are unemployed men who have had to take this job in order to eat. We don't blame you. You are one of us. We represent the Unemployed Council and last night we made a collection among the unemployed. We have enough money to pay you off. How much are you going to get for evicting an unemployed worker? Five dollars? Six dollars? We have the money for you. Come up here without the police and without the marshal and we will pay you off. Look at the marshal standing there. Is he working? Let him do the work."

And so we would harangue. We could see the men hesitating. We would continue: "We women are standing here with the furniture that is to be evicted. The water is hot in our kettles. The doors are locked. We're not letting you in."

Often, the hired men would come up anyway. Our doors were locked but they would break them in. We were behind those doors, with our kettles. They would grab a piece of furniture on one side and we would grab it on the other. And both would start pulling. Meanwhile we would say: "Here, here is the money. Leave the furniture."

Some would take the money and go. Sometimes we poured the hot water on the men. Sometimes they would hit us. And then we would run out onto the fire escape, grab the bullhorn, and shout to the crowd: "They're hitting us. They're big men and they're hitting us. But we're not going to let them move the furniture. They can't overcome us. We shall win."

Sometimes, they'd get so disgusted with all this fighting and hollering they'd take the furniture from the apartment but leave it on the landing. That was a victory. We'd stay there and wait for the husbands to return and then we'd put the furniture back into the apartment. We'd put a new lock on the door and the landlord would have to get a new eviction notice. He'd call the marshal and the whole thing would start all over again.

Our fight was successful. The rents came down, the evicted families returned to their apartments, the landlord would stop fighting us. Sometimes we failed and the furniture was carried into the street. Immediately we would cover it with a tarpaulin so it wouldn't get spoiled, and then we'd hold a mass meeting on the furniture, using it as a platform. We were only waiting for the police to leave. As soon as they were gone, the people standing around would pick up the furniture and carry it right back into the building. We'd break the lock, put back the furniture, install a new lock, and the landlord would have to go through the whole procedure another time.

Within two years we had rent control in the Bronx. That's the way it was in those days."

[Catherina]

23. That was wonderful to read. If things don't change very soon,

If things don't change very soon, I foresee violence in the country. I hope they change peacefully.