Message to People Who Are Calling and Emailing Us With Requests for Referrals to Attorneys

Yes you should have an attorney, but you also need a plan of action upon which you and the attorney can agree and which makes sense to you and the lawyer. We try to connect people with lawyers but we cannot vouch for them or the outcome in your case no matter how many cases have been “won” by the lawyer.

Each case is different. I agree there is a commonality of facts and law that applies to many foreclosures such that the Federal, State and local governments should have taken action against illegal foreclosures in a meaningful way and not with a minor fine. But it didn’t happen and you are not going to make it happen in your one case. But you can use the knowledge you obtain directly or through vendors to spot the weaknesses in the opposition and emerge victorious or at least satisfied only after a long battle. How you utilize the knowledge of the weaknesses in your opposition’s claims and then create an effective strategy that wins in court is why you need a lawyer.

The way you get an attorney to accept your case is to be able to present the essential facts in a manner that can be quickly skimmed and absorbed by the lawyer. Railing against the evil empire is a waste of time.

There are many ways of accomplishing this. But one way to have a lawyer turn you down is to dump a bunch of documents and emails on the lawyer and expect him or her (without payment) to carefully review and analyze your documents. That’s like the tax client who comes in with a banker’s box of random receipts and statements and expects their taxes to be done for $35. It’s not happening. Someone must do the work of organizing your information and suggesting what can be done with it.

Forensic loan analyses are helpful in this regard. I’m working on our own reports to make them more relevant and useful for lawyers. No report is going to stop a foreclosure no matter what it says inside of the report. There is no magic bullet. There is only persuasion through a process of educating a judge who previously knew nothing about your case. Nothing is automatically true and thus a legal conclusion unless a statute says that the thing is to be regarded as true. The rest is persuasion on why it is right that the homeowner should win and the party named as claimant against the homeowner should lose.

You also should set specific goals; for this you might need assistance or you might not. If you don’t need assistance it is because you have already formulated a reasonable goal based upon facts, knowledge and experience in dealing with the many layers of foreclosure litigation, negotiation, modification etc.

Some people come to me looking for help because the lawyer sent them a proposed modification that the homeowner doesn’t like. First, if an offer is made the lawyer is duty bound to inform you about it regardless of how stupid or insulting it might seem. Second, people get mad when the lawyer sends them an unsatisfactory modification when what they wanted was a “win” in litigation. THAT is because the goals were not shared or clear or both between client and lawyer AND because the lawyer is obligated to inform you about relevant communications regarding settlement.

Third, the most common mistake is in not realizing that to your opposition the case is not about your loan. They don’t care. Their goal is clear: to preserve as much of the gains and trading profits as possible and protect the illusion of status and value of “certificates” digitally issued and sold to investors and trading counterparts. You winning your case is no threat to them, unless it is won with findings of fact (declared by the judge or jury) that expose the raw underbelly of the false securitization scheme.

Lawyers are hired because they remove you from the necessity of fighting directly with your opponent. They also serve to provide you with much better judgment than you have yourself about the rules of procedure, the rules of evidence and the essential elements of substantive law. Like a physician, their judgment is better than yours because they are right more of the time than you would be right on your own. But being right isn’t the same thing as being persuasive.

I do what I do here and on Radio because I am trying to get as much information as possible out to the public at large. We do what we do on because sophisticated litigants understand that if they are going accomplish anything, they need to get their proverbial house in order, pardon the pun.

We will continue to refer matters to attorneys who we are told by third parties are knowledgeable and active in doing foreclosure defense. But it isn’t easy because many lawyers soured on foreclosure defense. One of the reasons is unreasonable expectations of the client and an unwillingness of the client to actually pay for organizing the case for the war that will follow.

So we’ll keep trying to hook you up with lawyers but you need to do your part as well if you want a call back.

Here is one step you could do as part of your request: fill out our form and then you have at least a partial summary of your case. CLICK HERE FOR REGISTRATION FORM. It’s free and it’s private. Once submitted it is sent back to you. No obligation.

If you put your request for a lawyer somewhere on the form we can assess where you are and the likelihood that some lawyer will accept the case (spoiler alert — the answer is no if your sale is tomorrow morning and your goal is to stop it, although filing a bankruptcy might temporarily stop it under certain circumstances).



10 Responses

  1. ANON…could be a problem for sure.

  2. But the point is this — the warehouse lending facilities were shut down before lines of credit were paid back. So — who still holds the collateral? Simple.

  3. Bob G — ditto again.

    And, what if courts handcuff to pay? For very long time.

  4. the problem is that most attys do not understand securitized mortgage foreclosure law. i’ve paid a terrific trial atty $13K, and we haven’t seen the inside of a courtroom yet. at least $10K of that amount has been spent trying to educate him about the subject matter and what he is up against. and he still doesn’t seem to get it.

  5. Every homeowner thats paying their mortgage in the United States and beyond, are involved in the biggest ponzi scheme.

  6. If you don’t, you don’t understand. These “trust” loans by non-bank entities were funded by warehouse lines of credit, and not sold to secondary market until the warehouse lender is paid. !) We know no one paid for the loans via so-called trusts. 2) the loans were not “Paid back” to warehouse lenders individually, but, rather, paid back by lines of credit. Those credit lines were never paid as the financial crisis market collapsed. Collateral anyone?

  7. First question to ask of any attorney — DO YOU UNDERSTAND WAREHOUSE LENDING???

  8. I think George Babcock was/is the go to guy in Rhode Island.

  9. Could you please suggest a few attorneys in Rhode Island to claim damages for wrongful foreclosure. If any reader in this blog knows one, please post it.Thank you !

  10. Thank you Neil!
    For a Wrongful Foreclosure lawsuit, where I want to pursue damages, would you suggest a lawyer who is a foreclosure specialist, or a bulldog personal injury attorney who has great success in court and/or settlements?

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