About McCandless Law Firm
 

The practice emphasizes residential and commercial litigation and trial advocacy, with a concentration on Bankruptcy law, Banking Litigation, and Real Property matters. Timothy McCandless esq has tried in several hundreds of cases and has appeared on televised programs regarding pre-trial procedure and trial strategy and has appeared as a guest lecturer on topics ranging from constitutional law to trial practice a national organization dedicated to bringing back professionalism and civility into the legal profession. 

Areas of Practice

Real Estate Law - McCandless Law Firm has extensive practical experience in real estate and mortgage matters. We have handled complex and routine unlawful detainer matters, easement disputes, construction defect, environmental, and land use and zoning matters. We are involved in loss mitigation and loan workout solutions, and our firm regularly negotiates with lenders to achieve workable solutions for our clients. 

San Francisco based Paralegal Firm Loss Mitigations LLC for over 2 years with outstanding result and an impeccable track record this nationwide paralegal firm is well positioned to handle large volumes of plaintiffs.

Loss Mitigations LLC provides case management and paralegal services for Birch Law Group who's lead staff attorney is recognized by Martindale & Hubbell as an “AV” rated firm with over 30 years of experience. As an “AV” rated attorney, we have obtained the highest such rating available to any individual lawyer.  Law firms are given the rating of the highest rated individual attorney.

Martindale-Hubbell states as follows:

ALSO WITH ZERO COMPLAINTS WITH THE BETTER BUSINESS  AND ZERO DISCIPLINARY ACTIONS AS STATED ON THE CALIFORNIA STATE BAR WEBSITE.

VERIFY THE FIRMS RECORD OF EXCELLENCE AT THE BETTER BUSINESS ORGANIZATION

VERIFY THE FIRMS REPUTATION ON TRUST LINK AND RIP OFF REPORT 

Listen and View McCandless Law Firm regarding the highly acclaimed LAW SUIT against B of A / Countrywide and other well known lenders in the industry including but not limited to Chase / JP Morgan, One West / Indy Mac, Wells Fargo / Wachovia, Ally / GMAC, and Citibank.

FAQ

Q: Audio Interview with McCandless Law Firm,

Q: What's this all about?

Q: What if I'm currently trying to modify my mortgage?

Q: Do I have to be late on my mortgage?

Q: How does The Law Firm receive compensation?

Q: Have any cases resulted in Note Stripping, and is that done outside of Bankruptcy?

Q: How long will the process take?

Q: How many clients have settled and can I settle before a decision is reached?

Q: Should I stop paying my mortgage and let this suit be the deciding factor?

Q: Do I have to be current on my mortgage?

Q: Is part of this case still in Federal Court?

Q: Does it matter what state I live in?

Q: Current vs. Delinquent - Owner Occupied vs. Non-Owner Occupied

Q: Administrative Judgments and Fractionalized Banking Theories

Q: FDIC: Banks vs. Non-Banks (Servicing Companies)

Q: Will my bank foreclose on me?

The nation's top trial lawyers have banded together. These are the lawyers who previously represented these very same banks; the lawyers who know their way around the courthouses better than anyone.

Already, our network of lawyers have filed over 1000 QUIET TITLE, UNLAWFUL DETAINER, BANKRUPTCY AND LITIGATION cases since 2006 that remain pending including but not limited to Bank of America (Countrywide), JP Morgan Chase / Washington Mutual, One West / Indy Mac, GMAC / Ally, Wells Fargo / Wachovia and Citibank which have all defrauded hundreds of thousands of Homeowners. These cases are now going national. These lawyers have invoked laws and procedures the banks were previously unaware of, and Bank of America is getting beat at their own game because of it. Recently the Bank was forced to admit that it had been defrauding the government in foreclosing on mortgages nationwide. Furthermore, on October 4, 2010, the Honorable Manuel Real of the United States District Court called the bank's primary argument "absurd" and kicked the bank out of Federal Court.

TO EDUCATE YOURSELF FEEL FREE TO GO TO THE FOLLOWING WEBSITES AND BLOGS:

The case is now proceeding in the trial court, and the plaintiffs from around the country is expanding. It may be that the bank are unable to show they own any of their promissory notes, or that the bank have made other errors that will cause other penalties to be levied against them. In this case alone, they have racked up consecutive wins in each round against Bank of America (Countrywide).
 

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

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PREVIOUS SAMPLE STATUS REPORT

POSSIBLE ? Results:

1. TRO injunctions.

2. The order of Judge RESCINDING Notices of Default (NOD) - this has NEVER been done in California legal history.

3. An order ordering LENDER to submit to discovery.

4. An order throwing LENDER out of Federal Court as CASE is not preempted by Federal Law.

5. Orders stopping homes from being sold.

ADDITIONAL CASES FILED BY VARIOUS LAW FIRMS IN THE INDUSTRY FILED IN 2010 AND 2011

If you would like more information regarding these stunning developments, or should you wish to be considered for involvement in these actions, please contact Loss Mitigations LLC at 877-733-4786 or email info@lossmitigationsllc.com 

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

Third Amendment Complaint:

1) Fraudulent Concealment

2) Intentional Misrepresentation

3) Negligent Misrepresentation

4) Invasion of Constitutional Rights to Privacy

5) Violation of California Financial Information Privacy Act

6) Violation of California Civil Code § 2923.5

7) Violation of California Civil Code § 1798.82

8) Unfair Competition

This lawsuit arises from: (i) Defendants' deception in inducing Plaintiffs' to enter into mortgages from 2003 through 2007 with the Countrywide Defendants (ii) Defendants' breach of Plaintiffs' Constitutionally and statutorily protected rights of privacy; and (iii) Defendants' continuing tortuous conduct intended to deprive Plaintiffs of their rights and remedies for the foregoing acts.

For more info email our Paralegal Firm at info@lossmitigationsllc.com for a complimentary consultation with a firm representative. We are currently accepting attorney, cpa's and industry professionals to join our team.

If you would like more information regarding the developments, or should you wish to be reviewed for qualification or considered for involvement in this action, please call Loss Mitigations LLC info@lossmitigationsllc.com

FREQUENTLY ASKED QUESTIONS BY THOUSANDS OF HOMEOWNERS NATIONWIDE

Loss Mitigations LLC and Associates are privileged to present homeowners who have been victims of a lending system based on negligent processes.  Litigation against your lender is a complex process that requires the expertise of an experienced legal team.  The following information will help you better understand some key aspects to deciding if litigation is right for you. 

Listen and Learn what our Expert Team of Litigation Attorneys have to say !!

YOU truly have legal cause against your lender and with Loss Mitigations LLC you can join thousands who are fighting back!!!!

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3. Q. How do I know if litigation against my lender is right for me?
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   2. A. As always, you can give us a call at 877-773-4786 x 801 or email us at info@lossmitigationsllc.com and one of our knowledgeable and friendly representatives will answer any questions you may have on if you are the right client to join these cases. The following criteria are general guidelines for a client inclusion in the case:
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• *Any loan transaction handled by MERS (Over 62 Million Homeowner Qualify)
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• *Clients may be current or have already lost their properties
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• *Clients whose loans are service by the included list of lenders
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• *Loans that were securitized

• *Avoid private party, credit union, or other non-traditional financing (ask about alternative solutions)

1. Q. Can we help a client who has already lost their home due to foreclosure?
   1.  
   2. A. YES!  Although we cannot guarantee the return of the property to the homeowner we will seek damages. 
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3. Q. Does a client stop paying their mortgage when involved in the litigation process?
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   2. A. NO!  Clients should use best efforts to continue making their mortgage payments unless instructed specifically by counsel.  
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5. Q. What are the case merits that have propelled attorneys forward in filing these cases?
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   2. A. The following criteria are indicated claims within the most recent amendments in the suits. 
   3.     Claims include:
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• *Malfeasance
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• *Statutory Violations
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• *3rd Party Beneficiary Claims
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• *Phantom Investors and Beneficiaries
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• *Unfair Business Practices

• The following are added foundational elements for the additional suits pending:
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  • *MERS (Beneficiary processes, rights to foreclose, robo-signing of documents)
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  • *Proof of Note (security instrument)
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  • *Proof of Funds (Patriot Act Violations)

1.  
2. Q. What were the reasons behind choosing the specific banks?
   1.  
   2. A. The specific lenders were identified by counsel as having utilized MERS within the course of their loan transactions. 
3.  
4. Q. What are the potential outcomes of a case like this?
   1.  
   2. A. There are 3 potential outcomes of a case like this:
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      • *Pre-trial settlement:  As each client joins the mass joinder action the lender will receive a pre-trial settlement offer per the following terms. (Note: we are not negotiating with your lender or servicer; we are using legal document demands on a Form 998).

   • Principal loan balance to be reduced to 80% of current market value. Interest rate reduced to as low as 2% fixed for 40 years. Waive alllates fees, penalties and suspend foreclosure sale date to resolve compliant.

5.  

• • *Amnesty Program:Counsel will be working with legislation to create an potential amnesty program.  The results will likely be a universal modification approach.  If successful, this process will indemnify the lending institutions from multi trillion dollar litigation while providing homeowners universal term reductions.  Counsel anticipates our clients "having a seat at the table" will be offered increased settlement options.

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  • *Full Lien Strip:  This is the intentional outcome of each of the 6 Mass Joinder Suits.  Counsel has stated they are seeking a complete dismissal of the lien. 

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2. Q. What is the time frame for a case like this?
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   2. A. While it is understood most homeowners would seek a quick resolution it is often in the homeowners’ best interest to extend the time frame allowing the larger aggregation of plaintiffs.  I addition these cases will likely be placed in the Superior Court of California Los Angeles County Complex.  This court deals with litigation of "complex" nature.  The actual time frame for the new suits is undetermined at this time.  There are many compensating factors that could expedite or extend the litigation process.
3.  
4. Q. What is a lender litigation case and how does this differ from a class action ?
   1.  
   2. A. In a class action suit plaintiffs are not identified as individual clients.  They are one collective group.  Additionally their individual causes of action are not identified therefore they must accept the same a uniform class action settlement.  The vast majority of class action settlements result in attorneys collecting the award in attorneys’ fees.
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   4. In an individual lawsuit the client bears the burden of the entire litigation expense.  
   5.  
   6. Multi Litigation allows individual plaintiffs to aggregate together to share the cost of litigation.  In addition each client maintains the autonomy to accept or reject pre-trial settlement terms as well as their respective case results according to their individual award/damages. 
5.  
6. Q. What will the law firm do to help homeowners avoid foreclosure during what may be a lengthy timeframe?
   1.  
   2. A. Counsel will seek injunctive relief in each case to bar lender s from proceeding with foreclosure action. In the Ronald et al v. Bank of America, we have seen the rescission of multiple Notices of Defaults (NOD) which has not been previously seen in California court proceedings.  Banks may also voluntarily halt any foreclosure processes for plaintiffs. 
   3.  
   • If the lender or the courts do not offer foreclosure relief there are two options Loss Mitigations LLC will support the law firms clients with:
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   • *Clients may be advised by counsel to pursue Chapter 7, 13, and 11 Bankruptcy

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     • *Law Firm will direct clients in foreclosure mitigation with their lender. This will be done in coordinated effort that involves the law firm supervising the lender dispute efforts between Loss Mitigations LLC staff and lender to provide a complete end to end resolution the client can benefit from.

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1. 1.  
   2. A. Here are some of the major differences separating a litigation approach versus the traditional loan modification process:
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      • *The firm is not submitting documentation with the hopes the lender acts in good faith; The firm is issuing pre-litigation demand settlements at terms that tremendously benefit the homeowner.
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      • *Attorneys directly overseeing case management with attorney updates provided directly from counsel to plaintiffs.
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      • *Potential award of property FREE AND CLEAR is very rare and most likely wont be the outcome (individual case results vary)
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      • *No longer subject to lender choice guidelines.  Litigation sites case criteria with lenders in potential violation of lending laws. 

1.  
2. Q. Can clients still get in on the Bank of America case?
   1.  
   2. A. YES!!  We are still in the pre-trial motions of this case.  However there is no guarantee of the window of opportunity for clients with B of A / Countrywide loans to be added as plaintiffs.  Counsel has indicated a need for potential plaintiffs to be quickly added as Counsel for defendant may offer pre-trial settlement terms any time ( IT IS RECOMMENDED TO COMPLETE YOUR RETAINER AND INTAKE PACKAGE WITHIN 10 DAYS to ensure being added to the current plaintiff action.  Counsel has indicated they will not accept defendant settlement terms until appropriate number of plaintiffs exist. Time is of the essence ! ACT NOW OR YOU MAY NOT BE ELIGIBLE FOR A SETTLEMENT YOU DESERVE !
   3.  
3. Q. If a client is already in the Loss Mitigation process or has already been offered a modification are they still eligible for the litigation process?
   1.  
   2. A. YES!!  If there is specific language within the documentation counsel may review on an individual basis.
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   3. Q. What documentation is needed to sign a client up for the Litigation?
      1.  
      • *Executed Litigation retainer agreement
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        • *Copy of the Trust Deed
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        • *Copy of the Mortgage Note
   4.  
      1. *Completed and Signed Client & Property Worksheet
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Q. What is the process once clients sign up for the Litigation?

A. Litigation is a complex and a time consuming process.  The following is a VERY brief outline of the litigation process:

• *Attorney Retainer Agreement Executed

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• *Copy of the Deed of Trust and Copy of Note submitted with file

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• *998 Offer and Compromise (30 day wait)
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• *Seek foreclosure injunction / moratorium
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• *Plaintiff update from counsel every 30 days
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• *Settlement Offer
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• *Case Resolution