HELP!!
The challenge is no longer getting the information “out there.” The challenge is getting the job done by creating lawsuits, discovery and motions that will get actual traction in court. We need to BE good not just sound good.
What we are seeing is that errors in procedure and substance are being made clouding the message essential for the court to recognize a homeowner’s defenses.
AND what we are hearing is that pro se litigants and lawyers need a central place to go for forms and “ghostwriting”. I have been doing that for nearly 11 years but it is time to step up our game.
So I have assembled a pretty good crew of paralegals who have agreed in principal to provide services to consumers, especially homeowners, in litigation or approaching litigation. We have created excellent forms for Chain of Title Analysis and discovery like these interrogatories that can be used as a form or which can be tailored to your case.
see Florida First Set of Interrogatories
STAY WITH ME HERE. I need your input!
So on behalf of the group I am creating templates out of our past forms that we have actually used in successful litigation with edits of course to keep up with recent case law.
Here is the challenge: the above form can be used in its template form, changing names and inserting case numbers and the correct style BUT it is apparent that when people do that they usually get lost in the details and either ask an irrelevant question in their case or worse make an admission accidentally that works against them.
So the answer seems obvious. Let people hire us to prepare discovery, motions etc. for their litigation cases whether they are lawyers or pro se litigants. Each case has differences that needs to be reflected in the discovery requests, motions and so forth. This means the writer must take the time to analyze your case sufficiently so that the parties are correctly identified and the right wording is used in whatever document they are preparing.
If a lawyer were retained to do this work, the interrogatories shown above would actually require at least one hour of file analysis and one hour drafting —- despite the apparent brevity of the document. This would cost at least $500 for even the youngest lawyers. So what happens is that since the lawyer is NOT getting paid to do original documentation, the case suffers.
The solution, I think is to either charge $75 for each form like the above interrogatories as a form or guide or template — or charge $150 for a paralegal to do it up right. This puts the the homeowner in position to apply the most pressure on the banks without breaking the homeowner’s bank account.
The question is whether this is a business model that will actually work. I don’t have enough money to be wrong. So please send your comments or response to NEILFGARFIELD@HOTMAIL.COM.
Feel free to use the above form but in all cases check with local counsel as to both form and content and the timing and method of filing and service.
Filed under: foreclosure | Tagged: business, paralegals |
http://www.illinoistrialpractice.com/2008/08/discovery-tip-u.html
Discovery Tip: Using Model Interrogatories to Fend Off Objections to Discovery
In many jurisdictions, you can find court-approved interrogatories, such as model interrogatories for motor vehicle, medical malpractice, and divorce cases approved by the Illinois Supreme Court.
Even if your case doesn’t fall under one of the standard categories, you can still use the model interrogatories for drafting your own discovery. Not only does the use of a form make drafting discovery easier, but it will also help you later in fending off objections. The closer your discovery is to a court-approved form, the easier it will be to argue that your opponent’s objection is not well-taken.
So powerful is the argument that “the interrogatory my opposing counsel is objecting to is identical to one approved by the courts,” that it often makes sense to look at court-approved interrogatories when preparing to argue objections, even if you didn’t use the model interrogatories in the first place.
I am Sharing this to help others beat foreclosure in a predatory modification situation where HAMP has been denied so banks can profit.
I am filing a “Motion to enforce Rule 114”. This will help pro se defendants in Illinois. It’s the new rule the Illinois Supreme Court passed in feb 2013. Requiring plaintiffs (banks) to comply with the requirements of any loss mitigation program which applies to the subject mortgage loan….up to and including HAMP.
I’ve been filing my own motions but if you’re not comportable I would hire a paralegal or attorney who knows this law. I found many in my rural county are clueless so I do better without one.
The banks have to comply with HAMP Or the courts can enforce new rule 114 in paragraph (d) which states “The court may, either sua sponte or upon motion of a mortgagor, stay the proceedings or deny entry of a foreclosure judgement. ”
Do your best stating the facts that support your motion. I truly hope this helps
Please be kind enough to be Pro Bono attorney for those who can”t even afford $75. People need a place to live, especially, in this climate change weather condition. The world is not just meant for the rich to have a home as the nature did not dictate that way.
Thank you Neil!
One word… YES!!!
I have been waiting since 2009 when I first learned of you for you to offer this service.
I am in New Jersey’s with that help me in New Jersey. I currently use a paralegal service to help me prepare my paperwork they do a pretty decent job in watching for filed documents, and informing me when I have to do things, and completely write ny motions and briefs. But sometimes I don’t think they argue the case correctly and as you say… “Cloud the message”. The judge keeps telling me she doesn’t understand what I’m trying to say at the hearings. Now, that might be just her little game to make me think that I’m losing the case or she could be correct. She mot probably is correct as sometimes I don’t understand what they write either. They refuse to change how they argue the case telling me that they know better. And even though I read your blogs and subscriber to livinglies, and see how you argue issues they tell me that it’s not the same in New Jersey.
My case is now in the Appellate Division. I just submitted my appendix and brief. But have some deficiencies that need to be fixed.
Would your team be able to review my paperwork and help me from there?
Please let me know.
Thank you.
I do not speak for others, yet, I think that our case may have many things in common with others.
Our chain of title is corrupt. (Report by Bill Paatalo) Many various fraudulent assignments of Note and DOT are offered by foreclosing entity. We cannot afford the cost of the fight. We cannot afford the cost of the loss.
In our case, rescission notice was timely sent. Yet, uneducated judge ruled against us in MTD.
We don’t have adequate resources to litigate all of the aspects of the foreclosure case AND litigate, on appeal, the rescission.
Being able to research, investigate, reference and draft pleadings and other documents at a cost not draconian to average folks, I believe, would be a game changer. Of course, initial and periodic consultation at modest rate, would help keep the boat afloat.
Thank you,
Tim Collins
Sent from my iPhone 206.919.6005
>
Neil, I am sure this service would be very beneficial to many working pro se or attorneys. As your experience in all matters involved has become greater your modification and addition of forms previously offered can be offered to the inexperienced. One of the matters that a man of your experience could expound upon would be an attorneys or pro se litigants strategy and procedure for motion practice, affidavits and courtroom procedure not to mention subpoena power and depositions. Even a state specific or supreme court list of citations supporting the various claims and defenses and tools used in your efforts or a study sheet on how to retrieve such citations.
Neil –
How about a proofreading service to not create docs – but help perfect them before filing?
How can we rely on a stable of paralegals who may or may not be proficient in various state laws outside their wheelhouse? Generalities can be fatal.
Also, less proficient Pro Se’s may not realize all the collateral documents which also need to be filed in addition to their motions, petitions, claims or counterclaims, (e.g. Certification of Service of Notice, Verification, Exhibits, Legal Brief, Courtesy Copies to the judge, etc.)
How about posting a general checklist on Living Lies so folks don’t get kicked out for failure of a complete filing?
What would that be worth? $150 for an hour of expert paralegal review?
‘boots
I need help to take federal 4th circuit 17-1524 to Scotus. Tried law schools no takers
Due early January. Complaint is Rico against Wells Fargo. Dismissed on collateral estopppel though no court would ever rule loan mod doc are valid contracts because they are not. Docs say wells is lender when they were Servicers. Wells stated boa is lender on one house. Boa sent letter they have no record they are lender. Papers say boa evicted me. On the other house wells says us bank as trustee is lender. But loan mod says it’s wells. Short ruling from edva district court ruled January comes after April to copy wells attorney. It’s quite a clear sham Any help ? Or suggestions
I need help to take federal 4th circuit 17-1524 to Scotus. Tried law schools no takers
Due early January. Complaint is Rico against Wells Fargo. Dismissed on collateral estopppel though no court would ever rule loan mod doc are valid contracts because they are not. Docs say wells is lender when they were Servicers. Wells stated boa is lender on one house. Boa sent letter they have no record they are lender. Papers say boa evicted me. On the other house wells says us bank as trustee is lender. But loan mod says it’s wells. Short ruling from edva district court ruled January comes after April to copy wells attorney. It’s quite a clear sham Any help ?
Mr. Garfield,
You and your team have great integrity and and an Honest desire to actually help homeowners.
Bless you
Neil, first of all, thank you for everything that you have done for all of us. I hope you know that you are helping many of us whom you don’t even know, who have been threading this murky swamp. Though, as we research on our own or read and listen what you post along with the good hearted group of investigators, experts in particular fields, paralegals and lawyers you work with, we become strong and fearless in our fight with the fraudsters. As for your suggestion, I think it would make so much sense for many of us who are still struggling to have the second choice, the $150 for the paralegal to do it upright. I don’t know about many of us, I am willing to pay extra later on when I can afford. I will definitely donate to your cause. Thank God for people like you Neil. I forsee my ordeal to be over soon with your group’s help. Saving for Bill Paatalo’s report for sure and compare it to what I came up with. Again, thank you for all that you do.
As much as we wish it were…. Law is not Science and does not comport with Scientific Principals of proof or peer review… It is a dynamic crap-shoot influenced by beliefs and politics and money. Res Judicata is the principal of leaving things alone that have been decided, whether or not they were right. The closest thing we have to Law is Religion… and you know how many of those there are!
I find myself constantly asking myself (me), “What’s next?” And, really not having a clue as to what to do next. Or, expect to occur as a result of the last thing. Eventually, I come up with something, but I’m almost certain I’ll get caught with something unexpected eventually.