Beth K. Findsen

 beth findsen fix

Lisbeth (Beth) Knickerbocker Neese Findsen, Attorney

Beth Findsen has litigated complex commercial cases for 16 years, first in Houston, Texas, then in Arizona. Ms. Findsen became a member of the Texas Bar in 1997, and a member of the Arizona Bar in 2004.  In her first  year of practice at Baker Botts, LLP  in Houston, Texas in 1997, she second-chaired and litigated one case to jury verdict, with successful results for the client.  Her trial practice has encompassed  a broad array of business litigation matters including foreclosure defense; business torts; class actions; construction disputes; contract disputes; fiduciary disputes; officer and director liability; oil & gas matters; partnership cases;  real estate disputes; and securities fraud. Her clients have included large publicly-traded oil companies, national sports teams, hedge funds, national hotel chains, Fortune 400 employers, as well as consumer homeowners and individuals.  In her tenure at Cunningham, Darlow, Ms. Findsen assisted in the six-month trial of a famous probate case, one of a bundle of related cases that ultimately resulted in the landmark decision by the U.S. Supreme Court in Stern v. Marshall, elucidating the jurisdiction of Bankruptcy Judges vs. Article III judges to decide matters of state law that are subsumed into bankruptcy cases.

Ms. Findsen has represented both plaintiffs and defendants in state and federal courts before judges and juries.  Ms. Findsen has practiced before federal district courts in Texas and Arizona, the United States Ninth Circuit Court of Appeals,  the United States Fifth Circuit Court of Appeals, the National Labor Relations Board, Arbitration Panels for securities arbitration, and Texas state courts; Arizona federal district courts, Arizona state courts.

Ms. Findsen graduated magna cum laude, ranked fourth in her graduating class of 168 students, and the top-ranked female graduate, from the University of Houston College of Law, a top-tier law school per the U.S. News & World Report Law School rankings in 1997, where she served as Articles Editor for the Houston Law Review, and was a member of the Order of the Coif and Order of the Barons.  In 1991, Ms. Findsen received her Bachelor of Science s from the University of Texas at Austin.

She received numerous awards including the Corpus Juris Secundum (formerly the AmJur)  awards for the top grade in Torts, Contracts, Criminal Procedure, and Civil Procedure.  She received the Susman Godfrey Award for Best Litigation Paper.  She worked with Texas appellate judge (since retired) of the Texas Court of Appeals-Div. 1-Houston on a special project resulting in a legislative change regarding the availability of interlocutory appeal of the denial of a special appearance by a non-resident defendant in Texas.

  • Attorney, Real Estate Litigation, Law Office of Beth K. Findsen, PLLC, Scottsdale, Arizona (2004-Present)

Past

  • Attorney, Litigation,  Cunningham, Darlow, Zook & Chapoton LLP, litigation boutique spin-off from Fulbright & Jaworski, Houston, Texas (2000-2002)
  • Attorney, Litigation, Baker Botts LLP, Houston, Texas (1997-2000)
  • Summer Associate Locke Liddell & Sapp LLP, Litigation 1996
  • Summer Associate Baker Botts, LLP, Trial Section 1996
  • Summer Associate,  Litigation, Real Estate, Corporate, Mayor Day Caldwell and Keeton, LLP 1995, 1996
  • Admitted to State Bar of Texas 1997
  • Admitted to State Bar of Arizona 2004
  • Admitted to practice in the Eastern, Southern, and Western District of Texas in 1998
  • Admitted to practice in the United States Fifth Circuit Court of Appeals in 2001
  • Admitted to practice in the United States Ninth Circuit Court of Appeals 2009
  • Admitted to practice in the U.S. District Court Arizona 2009
  • University of Texas, B.S. in Communications, 1991
  • University of Houston Law Center, magna cum laude, 1997
  • Texas Real Estate License 1992-1995
  • Texas House of Representatives Page during undergraduate 1988-1989
  • Public Relations intern, KXAN Channel 36, NBC affiliate, Austin, Texas 1991.

Publications and Speeches:

  • Attorney Panel and Speaker, Sandra Day O’Connor College of Law, Homeowner Advocacy Training and CLE, “Addressing Common Problems That Arise During Modification Process” (July 26, 2013)
  • ABC 15, Interview with investigative reporter, Dave Biscobing, “Arizona homeowners losing their homes to foreclosure through forged documents”
    Read more: http://www.abc15.com/dpp/news/local_news/investigations/arizona-homeowners-losing-their-homes-to-foreclosure-through-forged-documents#ixzz2alIFqEFo
  • Attorney Panel and Speaker, Sandra Day O’Connor College of Law, National Mortgage Settlement Seminar (October 19, 2012) http://online.law.asu.edu/Events/2012/National_Settlement/index3.htm
  • Interview and appearance in Bailout, documentary released 2012 and screened at various film festivals
  • Oral Argument before Ninth Circuit Court of Appeals Buchna v. Bank of America June 16, 2012
  • Author, Amicus Curiae Brief, Arizona Supreme Court, CV-11-0115-PR    Hogan v. Washington Mutual Bank2012-01-17 Amicus Brief – Foreclosure Strategists
  • Author, Amicus Curiae Brief, Arizona Supreme Court, CV-11-  00091, In re Vasquez, Amicus Brief-final Stauffer and Buchna
  • Assisted in drafting and obtaining sponsorship of Arizona Senate Bill 1259 in 2010, which passed the Senate 28-2, but was not brought to the House floor for a vote.  It would have required a person to swear to the chain of title leading to the transfers of the beneficial interest in the deed of trust, and the ownership and authority of the beneficiary substituting the trustee and ordering the trustee to exercise the power of sale.
  • 2011 Foreclosure Defense Group Seminar, Arizona Law Update
  • 2010 Foreclosure Defense Group Seminar, Arizona Law Update
  • 1999 Council on Education in Management Personnel Law Update, “What You Can Do Tomorrow to Ensure Your Managers’ Discipline and Termination Practices Aren’t Laying the Groundwork for Liability”
  • Beth K. Neese, Comment, Texas in the Wake of Canadian Helicopters: Are Nonresident Defendants’ Due Process Rights Going Down in Flames?, 34 HOUS. L. REV.503, 506 07 (1997) (commenting that the mandamus standard is inconsistent and confusing as applied to nonresident defendants seeking relief for denial of a special appearance).

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Organizations and Committees

  • Arizona Women Lawyers Association
  • State Bar of Arizona
  • Scottsdale Bar Association
  • American Bar Association
  • American Trial Lawyers Association
  • State Bar of Texas
  • Texas Young Lawyers Association, Litigation Committee
  • Delta Delta Delta Sorority University of Texas at Austin Theta Zeta Chapter
  • Race for the Cure
  • Childhelp

53 thoughts on “Beth K. Findsen

  1. “Spot the Fraud Round Two” of Oct 2 is almost exactly the situation we have found ourselves involved in. The only difference is Chevy Chase Bank was the original note holder. Monica Hadley signed the Substitution of Trustee along with James J. Cox. representing themselves as Vice Presidents of MERS. However, the interesting part is that the notary employed gives the Ridgeview church of Rockwall Texas as her business address. Have you heard of such an arrangement before and do you know if James J. Cox also works for Capital One?

    Thanks

  2. please send me you direct email address so that I can send you and attachment that I think will help you. It is relevant to First American Title.

    Richard Davet

  3. I like reading your website in conjunction with a few others. Overall I think your website adds additional insight complete with some details that the others do not
    provide (i.e. Bill Black and the Rolling Stones editor).

    Bryce Easton

  4. Hi Beth, I came across the following quote on a google search regarding mortgage notes not being filed properly or timely into the trust as required:…”notes” signed by the borrowers — as required by both IRS tax code and by 45 of the US states”…

    Question: do you know which states it’s not required in?

    Thanks!!

  5. Pingback: Lawyers: 5 Ways to Make Money Representing Borrowers Without Putting a Second Mortgage on their Home | Foreclosure Industry

  6. I currently have two properties in foreclosure.

    1 with Wachovia / Wells Fargo that has offer a loan mod with new payments due 1/1/11. I do not want to pay them another dime because I believe they have securitized the mortgage and have not made good on their original offer of principal reduction during the mediation hearing.

    2 with BOA that has a sale date of 1/31/11. The sale date has been reschedule 4 times by BOA. I think was it was rescheduled because they examined their foreclosure filings and found errors. The NOD was originally filed under MERS, then assignments were recorded changing the trustee to RECONTRUST, etc.

    I am considering suing them both, Pro Se either through Fed court or BK court…

    I also network with several other home owner groups who are looking for legal representation or assistance.

    You you handle Nevada cases?

  7. I am a disabled veteran who is looking for help with someone who knows how to acquire the note to my property. I’ve tried to work with the bank to do a loan modification but they said they had my paper work but couldn’t explain why no one has worked on my loan. But do to the length of time over 120days they told me I had to start all over. But when I did several time they kept on loosing my paper work. Please if you can help me with asking for the note from Bank of America I would appreciate your help. I have a Helock on the 2nd as well. Thank you in advance.
    Sincerely,
    Terry Morse

  8. Beth, I am paralegal and law student(at 52) however have extensive litigation experience. (took a bank to jury years ago in FED and got 1 mil jury verdict) Never the less right now want to connect with foreclosure defense in AZ.
    I am in Las Vegas and have clients nationwide. Should you be interested in open line of communication. maybe we can Skype it

    • Clint, unauthorized practice of law is a good way to make that (potential) future law license go poof! Careful….

  9. Attorney Findsen, I am a Reverse Mortgage Consultant with Metlife Bank. before I retired in 2010 I was the owner for over 20 years, of a License Mortgage Company in the state of Maryland. I come to you seeking help for the many senior citizens that own their homes in the metropolitian WASHINGTON DC, NORTHERN VA. AND METROPOLITIAN BALTIMORE, MARYLAND that I come in contact with on a daily bases. Whereas, I am trying everything that i know to get the Mortgage companies to accept a pay OFF of the existing mortgage, from the monies they will get from securing a Reverse MORTGAGE LOAN and take the lost. Of course they all ignoring this request. Maybe it is just an old man dream but from what I have read about you on the web, My clients with you as their retain legal counsel and the action you can excute aganist these Mortgage Bankers and their MERS PARTNERS would be of great assistants in their individual efforts to resolve their mortgage problem and the possibility of a greater claim in the class action law suit that is surely in the making
    I would welcome the opportunity to speak with you. My telephone numbers are 202-332-3510 or 202-560-0332

  10. beth need help i have 277 people we need class action attorney to handle case against indymac for modification/ foreclosure etc issues on contingency only
    can you please help us
    rebecca 818-426-9898

  11. Hi Beth,

    When you have a chance, please check out my blog. I would like to help local Arizona homeowners fight foreclosures. Please contact me so we can make that happen.

    Thanks,
    Brian

  12. Hello Beth–I suspect Quality Loan Services is a robosigner. In my case, there was a signer named “Marco Marquez”—is this even somebody’s real name??? who signed papers sent me. Is Quality Loan Services in San Diego a robosigner, have any judges declared that they were? I’m in California, and this could help me.
    Thank you
    myles

    • not gonna find many people or firms declared robo-signers by judges. But lotsa forged docs out there. More realistically, if you have good evidence, it’s leverage against bank to negotiate something… at least get their attention.

      QUALITY LON SERVICES: I have a KEVIN FROST & CHRISTINE BITANGA here… want em?

  13. Good morning. Can you refer us to a firm or individual attorney that would be able to assist us in our foreclosure. We feel that is was a wrongful foreclosure due to how it was handled.

    Have a wonderful and bless day.

    Thanks.

  14. Ms. Findsen,

    Recently I learned about wrongful foreclosures through Neil Garfield. I noticed that you have participated in one of his workshops.

    I believe I was taken advantage of by EverBank. Prior to January, 2009, I had never missed a payment of any king—but through my unemployment and exhausting of my retirement account, I was forced to start missing payments that month.

    The prospect of receiving a notice of default and acceleration of remaining payments due on my mortgage, and the eventual foreclosure, influenced me to forestall the foreclosure by filing for a chapter 7 bankruptcy.

    After I received the formal Acceleration Warning I contracted with a short sale firm for their help in trying to get a short-sale done before a foreclosure went on my record. My foreclosure sale date was 2-24-10. We actually had an approved short sale of my home on that very same date.

    At that time I felt that I was lucky to avoid having the foreclosure—but now I am learning that, due to my ignorance, I allowed EverBank to pressure me into selling my home because they said they had the right to take my home back.

    I have not had a securitization audit done yet, but I am confident that my note was securitized by EverBank. My Deed of Trust was actually done on a MERS Modified Form 3006 and the Grantee on my Foreclosure Notice was MERS, acting as Nominee for First Alliance Bank (EverBank), while the current lender was listed as EverBank. Plus, when the Denver law firm that processed EverBank foreclosures filed their Motion for Relief from Automatic Stay of Enforcement of Lien or Security Interest they sent me a copy of my Deed of Trust only (no Note) and I just noticed that they took the time to redact the actual loan number that appears on every page of the Deed of Trust.

    My former home that was sold to avoid foreclosure was in Colorado Springs, CO. My original 1st & 2nd mortgage amounts (both to EverBank) were $253,750. Total cash I paid for original purchase was $13,661. Total cash I paid for substantive remodeling was $59,767.

    Is there anything you can do to help someone like me who is in a post-foreclosure/short sale situation?

    Many thanks,

    John Evans

  15. please get on contact with me im having a problem my home was sold out from us my #562-242-5743 we were referred by Nick Paccheco the home was sold on april 26

  16. Hello Beth and Mark,

    Our meeting last Tuesday brought me some very good karma. And you were right Beth, I was very close to getting the mod, again.

    Last Tuesday afternoon,
    I received a call from a woman in the compliance department at Nationstar, my servicer. She said she just needed to get the numbers from SunTrust, who did the mod, and if correct, they will accept. She gave me her number and said she would get back with me Friday. During my conversation with her, I found SunTrust had not paid some of my property taxes in 2009 and someone had bought a lien on this. So I went to the Treasurer’s office and paid those taxes. Whew!

    The woman at Nationstar kept her word and yesterday she called to say all numbers are in and correct and they will “book” or report the mod to the Treasury by next Wednesday so incentives will be forthcoming to Nationstar and myself.

    This morning I woke feeling the best I have felt in months.

    Keep up the good work and fight the mindset of corporate greed. It does not serve our country and people well.

    Best regards,

    Lorie Minshull

  17. beth will you take a case in los angeles county california? please or reccommend someone in the san fernando valley i am riddled with robo signed docx linda green paperwork american home mortgage servicing and i have paid all my payments up til sept when they stopped accepting them a claiming im in foreclosuer from june 2009 they dont acknowledge any payment and have stolen from my bank account without my knowledge

  18. Hi, do you help on a hrly basis, pro se clients? Thanks, and do not feel I could retain you at this time. Michael Milstein

  19. I’m in need of representation Court date June 1, 2011 Eviction hearing. Loads of documentation. Home of 23 years. Can yu help?

    Tuli

    602-465-0430

  20. I have been turned down twice by Aurora loans for loan mod . they say i now have to come up the rears to be reinstated or its speed up my foreclosure. I will have to take the money out of my IRA Im 58 any thoughts? Darell walterson

  21. Dear Beth: Is Christine Bitanga of Quality Loan Service Corp in San Diego a robosigner? I know LSI Title the LPS affiliate is a robosigner, and they work out of Quality Loan Service.
    Quality mailed me a non-recorded notice of foreclosure sale without even bothering to sign it or date it, on May 25. Since when is an unsigned document of any kind legal? Quality then filed, backdated to May 25, a notice signed by this Christina Bitanga and apparently recorded it on May 25.
    If this Christina Bitanga is robosigning hundreds of notices per day in three different counties, then the attorney general and 60 minutes should know.

  22. Beth,
    Got your website from the internet. Do you have any identifiable “robosigner” names for Recontrust, Trustee for BoA including the loan files assumed from Countrywide? We need some information and plan a suit against BoA and every named signatory including all notaries, loan officers and anyone one signing ANYTHING in the loan file, NOD, NTS et al.

    Thanks,
    Steve Nelson,
    Consumer Rights Defenders, LLP
    SNCR.Defenders@yahoo.com

    • Hello,

      I need some help in stlouis. What I have learned is simply if the loan is a Fannie mae loan . The originator of the loan was never to record the assignment, They were to deliver the Note and the assignment of Fannie Mae, This is their guidelines. if the originator assigned and recorded in the Recorders office any additional assignment become void. It is void because they have nothing to assign. Listen to Tom Cox in ME. This is judicial of course however, the same should apply

  23. i need your help my mortgage is very fraudlent and i have the proof and i need a good lawyer to hlp me sue boa for this mess i am in and going through right now pls call me at 973-416-7539 when you get a chance please! darlene epps

    • where are you located? Cal? Nev? BOA SUCKS and they’re villians. They admitted in sworn testimony that they split the DOT & Notes and that they are not exactly sure where these instruments are, in a warehouse? who knows?… Doing some new things here in Nor Cal. Not Florida or Nevada, but keeping folks under their roofs…

  24. Pingback: Lawyers: 5 Ways to Make Money Representing Borrowers Without Putting a Second Mortgage on their Home | Foreclosure News | Short Sale, Foreclosure Attorney & Pre Foreclosure Information

  25. “SUIT FOR QUITE TITLE”

    Hello Ms. Findsen,

    Do you know of any attorney in Texas who has successfully done one more more suits for quite title?

    Thank you.

    Steve Eckart
    in Austin, TEXAS

    • Have you checked with Dave Krieger? He has a web site called Clouded Titles, and he has more immediate contact with Texas lawyers in this field.

  26. Hi:

    I’ve been fighting BOA and Mellon for a few years now. I need info on Suzanne Haumesser and Rhonda Williams two BOA employees/robo signers. Anyone out there have a signature on either one, or an affidavit wherein either claims to work for BOA in simi Valley?

    Joe Testa
    testatime@aol.com

  27. Has anyone out there tried a “Glarum Defense.” It’s an attack on the bank’s affiant who swore to having personal knowledge of the alleged amounts owed and due the bank by a defendant in a mortgage foreclosure action. I coined the phrase after the court decision in Glarum v. LaSalle Bank National Association, as Trustee et al., 2011 WL 3903161 (Fla. 4th DCA September 7, 2011).

    It’s based on the affiant’s ability to satisfy the requirements of the business records exception to the hearsay rule under Florida law. The Glarum Defense challenges the affiant regarding the data entries made in the loan services’ computer system, especially if the current servicer is not the original servicer. It questions whether the affiant could state if the records were made in the regular course of business. The affiant is asked to identify: who made the data entries, how the data entries were made, and when the data entries were made.

    If anyone has already tried this at deposition at trial please contact me.

    Joe Testa

    testatime@aol.com

  28. I’ve got 1 signature for Christine Bitanga in front of me, signing for Quality Home Loans Servicing on a BofA NOTS (Notice of Trustee Sale)… ANYBODY CARE TO SWAP… I HAVE SEVERAL OTHER RECORDED SAMPLES….T. Sevillano, RECONTRUST…
    (resident of an Island Nation in the Atlantic, NOT VENTURA COUNTY… Anyone, Bueller????

  29. Yes. I’d like Christine Bitanga. I’d like to compare her sig on ;your paper and mine. If they’re EXACTLY the same then it’s a forgery or a stamp or electronic signature, but no way a real sig.

  30. Hi Beth,
    Listened to your 9th circuit arguments.
    I am in the 9th and active in writing my pleadings.
    Case Davies v. Deutsche Bank 9th Circ. Case No. 12-60003

    Opening Brief
    http://www.scribd.com/doc/93007336/Davies-v-Deutsche-Bank-Final-Appeal-Opening-Brief-05082012-http-www-scribd-com-doc-91440318-Emergency-motion-to-stay-proceed-Included-is-the-fu

    Reply Brief
    http://www.scribd.com/doc/97602530/DAVIES-V-DEUTSCHE-BANK-REPLY-BRIEF-OF-APPELLANT

    I won 2 Motions for Relief. The filed adversary. Dismissed at 12 (c) Judgment on the Pleadings. Went to BAP 9th Affirmed.

    Deutsche Bank then filed a 3rd Motion for relief 2 weeks before my opening brief for 9th.
    I filed Emergency Motion, first to BAP 9th denied. Then to the 9th. GRANTED
    http://www.scribd.com/doc/94903639/Emergency-Motion-to-Stay-Pending-Appeal-to-9th-Circuit-Court-of-Appeals-GRANTED

    Also another objection to RJN
    http://www.scribd.com/doc/98302466/Objection-to-Request-for-Judicial-Notice-Deutsche-Bank-Onewest-Davies-v-Deutsche-Bank-objection

    Brian Davies
    Southern California
    760-898-8515

    • Thanks Brian. I’ll take a look at these. I know I’ve seen some of your briefs before. Keep up the good work. Beth

    • I have an informal one, and I know that John O’Brien will send his official one from Massachusetts, even in affidavit form. Are you in AZ? Who is your servicer?

  31. This is in regards to an unjustified foreclosure happened three years ago in Chandler, AZ. Since then, I have been living with my kids abroad.

    I wrote a letter that explains everything if you would provide me an email address to attach the letter to. I would like to hear from you whether it could be a case to appeal in court once you read it.

    Thank you,
    Mimi

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