Prominent foreclosure defense attorney faces losing his own home

[The Straight Story]

Prominent foreclosure defense attorney faces losing his own home

Peter Ticktin, the South Florida attorney who has received national attention as a foreclosure defense expert, has something in common with his clients: He is fighting the bank to keep his house.

Deutsche Bank National began foreclosure proceedings on Ticktin's Boca Raton home in 2007 after the lawyer and his wife fell behind on their loan. The couple haven't made a mortgage payment since December 2006 and continue to live in the 3,920-square-foot house in Paradise Palms.

Ticktin has fought Deutsche Bank using the same strategy that he's been able to use for his clients: uncovering sloppy paperwork and poorly prepared mortgage files. In the Ticktins' case, Deutsche Bank didn't have their mortgage note, a problem that has surfaced in tens of thousands of foreclosure defense cases nationwide.

Deutsche Bank dropped its foreclosure action in February after the Ticktins' attorneys claimed they didn't have enough information to respond because there was no note. The bank refiled the foreclosure last month, saying it has original affidavits showing it has the right to foreclose.

http://www.sun-sentinel.com/business/fl-ticktin-foreclosure-1120-20101119,0,88487.story

[virgogal]

1. He hasn't paid in 4 years? Boy,am I a fool.

I'm sure he's testing his own tactic.

[slackmaster]

2. I would hate to be living with that kind of a cloud over my head

I think I'd rather acquiesce to the foreclosure than spend four years fighting it, never knowing what crap would hit next.

OTOH it would be nice to go that long without paying rent or mortgage payments.

[SoCalDem]

3. "...haven't made a mortgage payment since December 2006..."?

Throw them out!

[riderinthestorm]

4. The bank fucked up the paperwork.

Sorry, why does the bank get some kind of pass if they've fucked up their own contract? If this were between two business entities, I guarantee you that they would treat it as "just business" - one of them fucked up and would have to live with the consequences of that fuck up. But because this is about home ownership, somehow the owner has to pay up despite the contractual screw up?

No way. If the bank screwed up, they have to live with those consequences. Besides, this is all about FRAUD!

Did you see chill wind's excellent thread?

A link to exactly how fraudulent this process has become. It's stunning. The lawyer is trying to demonstrate exactly how badly the banks have screwed this up. I have no mercy.

"MERS 101"
http://upload.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x9560185