Attorneys for Banks now using Google to find non-existent clients

Bill Paatalo discusses on the Show today a case out of the judicial foreclosure state of Kentucky, in which the Defendant has countersued the foreclosing 'Trust'--Chrisitiana Trust, A Division of Wilingmington Savings Fund Society, FSB. See Bill Paatalo's Blog post from March 5, 2020, and Neil's Blog for further case details, etc.

The attorney retained by the Servicer, Select Portfolio Servicing, tried recently to withdraw from the case, conceding on the record as a basis for the withdraw, that while he had contact with SPS, who retained and communicated with him re the lawsuit filed at the direction, ostensibly on behalf of the Christiana Trust (CT), CT disavowed having any contact with SPS re the mortgage loan at issue, and further stating that there is no legal entity attached to the lawsuit from CT.

Mr. Hill filed the motion to withdraw as legal counsel, because the countersuit filed by Defendant, led him to confirm with CT that he would legally represent them as a named Plaintiff on same counterclaims. Yet he literally could contact no one at CT who represented being connected to the lawsuit, and thus could not confirm retainer arrangements--re either the representation--or any retainer payment to cover his potential legal fees.

The Court did the right thing here, refusing to let him out of the case. We will discuss on the Show today what this means for borrowers around the country.

One aspect to this: How to use discovery to ferret out this type of situation, or a similar one, in foreclosure cases, either judicial or non-judicial cases.