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This episode will discuss setting up your case for litigation, modification or settlement. California attorney Charles Marshall will discuss settlement framework (writ large and small), and the numerous misunderstandings regarding how settlement should or even can work.
The overwhelming majority of civil cases will settle well before reaching the trial stage of a lawsuit, nationwide. Whether we’re talking about a divorce, a car accident lawsuit, or foreclosure case parties often choose to settle their case rather than leave their respective fates in the hands of an unpredictable jury. But is settlement always more beneficial?
Settlement Basics
“Settlement” is a term for formal resolution of a legal dispute without the matter being decided by a court judgment (jury verdict or judge’s ruling). Usually it means the defendant offers a certain sum of money to the plaintiff in exchange for the plaintiff’s signing a release of the defendant’s liability in connection with the underlying incident or transaction. This can happen at any point in a civil lawsuit. It can even occur before the plaintiff files a lawsuit at all, if the parties can come together a reach a fair agreement soon after the dispute arises, and both sides are motivated to do so.
Benefits of Settling a Case:
- Expense.
- Stress.
- Privacy.
- Predictability.
- Finality.
With foreclosure lawsuits a homeowner often has a personal or profound sense of right and wrong, and decides to make an important point that impacts more than the parties in the case. For cases challenging the constitutionality of a law or some other perceived fundamental unfairness, settling also doesn’t create precedent and won’t affect public policy.
If one or both parties aren’t motivated to settle, or aren’t coming to the negotiating table with a remotely realistic offer, then resolution of the lawsuit before trial may not be possible. This is often the case in foreclosure disputes- by the time the lender is prepared to settle, the homeowner wants vengence for the harm they have sustained (justifiably).
Please contact Attorney Charles Marshall at:
California Attorney Charles Marshall, Esq.
cmarshall@marshallestatelaw.com
Phone 619.807.2628
This program is for informational purposes only and is not legal advice.
Register for Consultation here: https://live.vcita.com/site/lendinglies
Filed under: foreclosure | Tagged: attorney charles marshall, foreclosure litigation, lendinglies, lititation, Livinglies, livinglies blog, modification, neil garfield radio show, settlement |
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