Justia Legal Services & Lawyers Directory

Abraham Bates is a foreclosure-defense attorney practicing in Utah. Based out of Salt Lake City, his practice covers the entire state of Utah, Nevada, Arizona and California, and he is the Managing Partner of a law firm with attorneys licensed in the states of Nevada, Arizona and California. Abe is a committed defender of the rights of homeowners and he strongly believes that homeownership - including having equity in your home - is fundamental to the fabric of democracy and American society.

As Managing Partner of Wasatch Advocates and Homeowner Legal Defense Advocates, Abe manages a team of over 30 attorneys, housing paralegals, forensic loan auditors, loan modification staff, and others who share his commitment to hold the Big Banks accountable for their unconscionable, predatory lending behavior - lending behavior that is directly responsible for the foreclosure crisis, economic depression and 10% unemployment rate that we as citizens and homeowners currently face. Many of the committed staff which Abe manages formerly worked for what he calls "the dark side," meaning employees of foreclosure service agents of the Big Banks and attorneys and mortgage lenders who made hundreds of millions of dollars of sub-prime loans before the collapse of the housing market. Now that these staff members have "seen the light" and recognize the problems with the lenders and servicers for whom they previously worked, they are incredibly useful tools to the Firm's foreclosure-defense practice given their intimate knowledge of the dirty tricks, deceptive practices, concealment, fraud and other bad acts perpetrated by the Big Banks (and the 400+ failed sub-prime lenders whose loans the Big Banks purchased with tax-payer (TARP) money) and the servicers who foreclose upon homeowners based on fraudulently executed (robo-signature) documents and false sworn testimony regarding possession of a homeowner's "wet-ink" mortgage promissory note.

Wasatch Advocates, the Utah-focused foreclosure-defense practice which Abe manages, has filed over 100 cases in the last six months in defense of the rights of homeowners in foreclosures. He has won numerous victories after evidentiary hearings and achieved settlements whereby homeowners get principal reductions and affordable fixed interest rates instead of the predatory sub-prime mortgages which they previously faced. For homeowners who want to move out of their homes, Abe has secured deeds-in-lieu of foreclosure, credit repair, and favorable short sale approval terms (along with credit repair), enabling the homeowner to walk away from their home without the consequences of a foreclosure. Abe is also spearheading an effort in the 2011 Utah legislative session to enact mandatory foreclosure-mediation laws which would requires the banks and securitized trusts to send a representative authorized to execute a loan modification, short sale approval, or deed-in-lieu, before any foreclosure of a home in Utah can occur. The local and national media frequently call on Abe for comment on MERS, the foreclosure crisis, and solutions to the national foreclosure crisis "Prof Says Banks Undermined the System (SLTRIB)."

Abe is also a long-time friend and colleague of Associate Dean Christopher Peterson at the University of Utah College of Law. Dean Peterson is the leading expert in the country on the issue of MERS and, while not formally associated as an attorney of the firm, provides valuable insight and assistance with Abe's efforts to defend homeowners facing foreclosure. Additionally, Dean Peterson serves as an Expert Witness on a number of the cases which Wasatch Advocates and Homeowner Legal Defense Advocates prosecutes in defense of homeowners facing foreclosure.

LITIGATION VICTORIES

Abe secured the first-ever ruling on the merits against the Mortgage Electronic Registration Systems, Inc. ("MERS") in Utah after an evidentiary hearing for a preliminary injunction within hours of the homeowner's foreclosure sale. Abe also secured the first-ever injunction in a foreclosure case awarded by Chief Judge Tena Campbell of the United States District Court in Utah against Provident Funding, based on Provident's negligent misrepresentations, bad faith and unfair dealing in servicing the homeowner's loan. Abe has also won a handful of "free and clear" (Quiet Title) judgments on behalf of homeowners, although this strategy is not a primary focus of Homeowner Legal Defense Advocate's efforts. Abe is currently involved in several state-wide class actions designed to bring down foreclosure-rescue scams, is involved in planning a national class-action lawsuit against MERS and the Big Banks, and is appealing two non-judicial foreclosure cases to the 10th Circuit Court of Appeals and to the Utah Supreme Court.

OPEN AND ACCESSIBLE

Abe is a strong believer that everybody should have access to an aggressive and empathetic foreclosure-defense attorney and has built Wasatch Advocates and Homeowner Legal Defense Advocates with a team of staff dedicated and committed to keeping clients updated on the status of their litigation while simultaneously making efforts to ease the anxiety and trauma that comes with the foreclosure process. He believes that you have a right to know exactly what is going on in your case, your available legal and non-legal remedies, your chances of success, and what it will cost you to prosecute your claims against the Big Banks. The Firm offers free consultations and advice as a matter of course, and provides documents at no charge which homeowners can use on their own to preserve their rights and prevent negative credit reporting prior to a foreclosure. Wasatch Advocates and Homeowner Defense Legal Advocates want to ensure that every homeowner understands the process, the timelines, the defenses available, and the legal and non-legal remedies a homeowner may take on their own, or with the assistance of a foreclosure-defense attorney, to stave off foreclosure.

EARLY CAREER

Prior to law school, Abe worked for two powerful and well-connected members of the United States House Of Representatives in Washington, D.C. Abe then returned to his home in Utah, where he worked as a chemical addiction counselor. Abe also helped start several high-technology companies in the mid- to late-1990s. Each of these experiences has enabled Abe to build Homeowner Defense Legal Advocates, a regional law firm committed to defending homeowners facing foreclosure in four out of the five "hardest hit" states in the country (Nevada, Arizona, California, and Utah), whether through driving legislative action, training his staff to empathize with homeowners who face the emotional and psychological trauma that is a natural consequence of the prospect of losing the family home, and by using the Internet to educate homeowners nationwide of their rights both and prior to foreclosure.

Randy has practiced law in Utah since April of 1984. He offices in Heber City, Utah, and handles legal matters throughout the State. He has extensive experience in construction claims and litigation, collections, trucking, commercial and criminal law. He is a frequent speaker on construction and collection law topics, and has substantial experience with real estate matters. With a J.D. degree from the University of Utah, he is a trained mediator and arbitrator, and speaks Spanish. Until his appointment as Heber City's Justice Court Judge, a part time position, he was a member of the Utah Association for Justice (formerly Utah Trial Lawyers Association), and was on the Board of the Utah Association of Criminal Defense Lawyers. He has been a licensed real estate agent.

Handling cases in:
Wasatch County
Heber City
Midway
Charleston
Wallsburg
Summit County
Park City
Coalville
Kamas
Salt Lake County
Salt Lake City
Duchesne County
Duchesne
Roosevelt
Uintah County
Vernal
Utah County
Provo
Orem

Bearnson & Caldwell, LLC was formed in 2011 by Brad H. Bearnson and Wayne K. Caldwell. Brad & Wayne created their firm to focus their efforts on practice areas directly aimed at serving their clients and their clients' specific needs. Bearnson & Caldwell, LLC serves clientele in the practice areas of Personal Injury, Criminal Law, Family Law, Social Security & Disability, Estate Planning, Business Law, Tax Law, Medical Malpractice, Labor & Employment, Real Estate Law and Litigation.

Practice Summary

Brad has a diverse background in the law. His particular emphasis is on assisting personal injury, products liability and other injured victims in obtaining a fair recovery for their losses. Because of his prior extensive business background he also continues to assist clients in business related issues and commercial litigation. Brad is admitted to practice in Utah, Idaho, Arizona and Wyoming. He appears frequently in both state and federal court and is admitted in the Tenth Circuit Courts of Appeals. Brad also served as general counsel for Icon Health & Fitness, Inc. where handled a broad range of legal issues from mergers and acquisitions to product liability and employment matters. He has mediated over 400 cases.


Academic Degrees

Brad graduated from Utah State University, where he obtained a B.A. degree in accounting in 1979. He obtain his Certified Public Accountant designation in that same year. He pursued his legal education at the University of Utah, where he obtained a J.D. degree in 1982 and was admitted to the Utah State Bar.

Professional Memberships and Activities

Brad was recently named to Utah's Best of the Best for litigators for 2011. He has been given an AV rating for legal ability and ethical standards - the highest possible from Martindale-Hubbell legal directory. Brad is also a member of the Utah Association for Justice and the Attorneys Information Exchange Group.

Todd is dual qualified as both a business, tax & estate planning attorney and also tax accountant. Todd earned a Bachelor & Master of Accountancy in Taxation from BYU and has experience with the Big 4 accounting firms Ernst & Young and Deloitte. He enjoys helping business owners and individuals with their business, tax, and estate planning needs.

Mr. Geoff N. Germane earned a Bachelor of Science degree from Brigham Young University's nationally ranked School of Accountancy. During school and after graduation, Geoff gained valuable experience as a financial analyst and representative for Northwestern Mutual. While there, he ranked in the Top 10 of all College Agents in the USA for volume production, and was the top College Agent in the Western Region.

Geoff then pursued a legal education at Brigham Young University's well respected J. Reuben Clark Law School. While in school he worked as a legal extern for the international law firm of Baker & McKenzie in Monterrey, Mexico and later for the San Diego Public Defender. He graduated cum laude and was selected as a member of the prestigious national Order of Barristers.

Upon completion of law school, Geoff began his legal career at San Diego's oldest and largest law firm, Luce Forward Hamilton & Scripps, LLP. There he provided legal service to clients in numerous areas, including estate planning, charitable giving, probate and estate administration, probate and civil litigation, and business advisory. Anxious to pursue his own visions and ambitions in his legal career, Mr. Germane formed his own law practice.

As a Utah native, Mr. Germane chose to return to Utah from California and serve the legal needs of his community.

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Geniel M. Ashcraft, Esq. has nearly eight years of experience as an estate, tax, and business planning attorney and has helped hundreds of clients complete their estates. Ms. Ashcraft is known for her service, attention to detail, and down to earth manner. Ms. Ashcraft mainly conducts her business through house calls. Her clients find they appreciate the convenience, her easy-to-understand approach, and personal attention.

Geniel started her law practice in July of 2002. Geniel is admitted to practice in both Washington and Utah. She is also admitted to practice before the United States District Court for the Western Washington District and the United States District Court of Utah. She is an active member of the Washington and Utah Bar Associations.

In addition to providing service to her own clients, she has worked alongside several investment firms and banks providing their clients with estate planning assistance. She has also spoken at many seminars on estate planning.

She received her Juris Doctorate Degree from the University of Utah S.J. Quinney College of Law, Salt Lake City, Utah, in 2001.

Philip Dracht is a shareholder in Fabian. He is a trial lawyer in the litigation and employment departments. Phil focuses on complex litigation and class actions, with experience in product liability and consumer litigation, intellectual property (copyright, trademark, and trade secrets) disputes, real estate disputes, and business litigation. Phil also litigates contractual disputes, business disputes, unfair competition claims, and trade libel claims.

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James Ziter began his career in 1995 under the Senior Practice Rules as a Deputy District Attorney in Lancaster County, Nebraska. In 1996 Mr. Ziter founded ZITER | LAW, which is a multi-disciplinary law firm located in Salt Lake City, licensed and serving clients in Utah and Nevada.

DAVID P. HIRSCHI is a manager and owner of HIRSCHI STEELE & BAER, PLLC. Mr. Hirschi’s practice emphasizes general business transactions, residential and commercial real estate acquisitions, sales, and land use planning; negotiation and documentation of project, construction, permanent and lease financing; the preparation and interpretation of commercial, industrial, office and retail leases; title insurance litigation; foreclosures and workouts of troubled loans and developments; real estate investment and land use planning strategies; and general estate and trust planning. Mr. Hirschi is the current Chair and member of the Board of Directors of the Utah Land Use Institute and is Vice-Chair of the Business Section of the Utah State Bar. He has formerly served as Chair of the Real Property Section of the Utah State Bar, Commissioner of the Centerville, Utah, Planning and Zoning Commission, general counsel for a national publicly traded company and manager and general counsel of a real estate development and mortgage brokering company. Mr. Hirschi received his B.A. degree, summa cum laude, from Utah State University and his J.D. degree, cum laude, from the J. Reuben Clark Law School at Brigham Young University. He is a member of the Utah State Bar, the Idaho State Bar, the Washington State Bar Association, and the American Bar Association. Mr. Hirschi is also admitted to practice before the Federal Courts in Utah, Idaho and Washington, the Ninth Circuit Court of Appeals, and the United States Supreme Court. In his spare time, Mr. Hirschi enjoys skiing, scuba diving, and spending time with his family.