Homeowner Darrell Neilander vs. His Attorney
December 29th, 2013
Written by John Wright
Homeowner Darrell Neilander found out the hard way how important it is to have the appropriate attorney represent you in a lawsuit against the alleged owner of the debt in a foreclosure.
Darrell Neilander of Connecticut decided to fight back before he was actually in foreclosure. He fought back by filing a federal lawsuit against Residential Properties LLC (RMS) and Special Loan Servicing LLC (SLS) in October of 2011. Mr. Neilander’s lawsuit alleged – among other things – that RMS and SLS were in violation of the FDCPA and FCRA and Connecticut Unfair Practices Act. He stated that he believed both RMS and SLS had incorrectly identified the owner of the debt. He filed the lawsuit as a pro se litigant. This meant that Mr. Neilander made the brave choice to advocate for himself before the federal court without the use of an attorney. Mr. Neilander would be forced to hire another attorney for a state lawsuit after RMS and SLS responded to his federal lawsuit by filing a foreclosure lawsuit in state court against the Neilander home. Therefore — according to Mr. Neilander — he secure a foreclosure attorney in Connecticut to represent him in state court. Mr. Neilander was now involved in two lawsuits (federal and state) at the same time.
Many state and federal courts have been experiencing a disproportionate increase in pro se litigants over the past few years. Some experts believe this increase to be the direct effect of the “irresponsible” advice of one man – Attorney Neil Garfield – from the infamous “Living Lies Blog”. Mr. Garfield proclaims that pro se homeowner litigants might be able to walk into a court room — foreclose on their lender — and walk out with the title or note on their property. However — in the case of Mr.Neilander — he was very fortunate because he eventually qualified for a court-appointed attorney after he filed the lawsuit pro se. The court appointed “Honorable Shelley Marcus” as his attorney. Wait a minute! Did I just say the “Honorable Shelley Marcus” was appointed his attorney? Yes I did! That is because something had happened that was fortunate for Attorney Shelley Marcus but not so fortunate for Homeowner Darrell Neilander. Attorney Shelley Marcus was suddenly appointed as a Superior Court Judge in Connecticut — leaving Mr. Neilander without representation. Unfortunately — as a result — Mr. Neilander was forced to make a motion before the federal court requesting a new federal court-appointed attorney. However — in the meantime Magistrate Judge Holly B. Fitzsimmons — agreed to allow Mr. Neilander’s state court attorney represent Mr. Neilander in any settlement talks in the federal lawsuit until the federal court-appointed attorney was selected. This is where the story begins. That is because this choice would result in Magistrate Judge Holly B. Fitzsimmons canceling Mr. Neilander’s request for a new federal court appointed attorney and dismissing the federal lawsuit after his attorney reported that Mr. Neilander and RMS had entered into a settlement.
There was only one problem. Homeowner Darrell Neilander adamantly presented to the federal judge and Piggybankblog that he never accepted the terms of any such settlement. This would result in Homeowner Darrell Neilander promptly firing his attorney on May 21st, 2013. Darrell Neilander told Piggybankblog he will be filing a Connecticut State Bar Complaint and has currently retained a well-known malpractice attorney named Howard Altschuler. The well-known malpractice attorney said Mr. Neilander has rights. The accused attorney categorically denies any and all allegations.
Therefore – Ladies and Gentlemen of The Court of Public Opinion – the “Darrell Neilander vs. his attorney Piggybankblog Complaint” is now before you. The Court of Public Opinion will reconvene on January 1st, 2014 to hear the past testimony and evidence of Homeowner Darrell Neilander. Happy New Year Everyone.
“All Rise! The Honorable Judge John Wright of The Court of Public Opinion has entered the courtroom!”
Piggybankblog Courtroom Bailiff: “All rise! .The Honorable Judge John Wright has left the Courtroom of Public Opinion!”