Homeowners lose for many reasons, but the main one, if they defend at all, is that they mistake substantive law as the only thing that matters. If that were the case, any computer would make the decision in all cases. They don’t.
Let us help you plan for trial and draft your foreclosure defense strategy, discovery requests and defense narrative: 202-838-6345. Ask for a Consult or check us out on www.lendinglies.com. Order a PDR BASIC to have us review and comment on your notice of TILA Rescission or similar document.
I provide advice and consultation to many people and lawyers so they can spot the key required elements of a scam — in and out of court. If you have a deal you want skimmed for red flags order the Consult and fill out the REGISTRATION FORM.
A few hundred dollars well spent is worth a lifetime of financial ruin.
PLEASE FILL OUT AND SUBMIT OUR FREE REGISTRATION FORM WITHOUT ANY OBLIGATION. OUR PRIVACY POLICY IS THAT WE DON’T USE THE FORM EXCEPT TO SPEAK WITH YOU OR PERFORM WORK FOR YOU. THE INFORMATION ON THE FORMS ARE NOT SOLD NOR LICENSED IN ANY MANNER, SHAPE OR FORM. NO EXCEPTIONS.
Get a Consult and TERA (Title & Encumbrances Analysis and & Report) 202-838-6345 or 954-451-1230. The TERA replaces and greatly enhances the former COTA (Chain of Title Analysis, including a one page summary of Title History and Gaps).
THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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Assuming the loan is NOT still with an original lender who funded the loan, a successful defense of a foreclosure case must satisfy ALL of the following elements:
- Preparation of defense narrative that is coherent, short and laser focussed on real issues apparent from the face of documents that are being proffered to the court. NOTE: THIS IS NOT AN EXPERT OR FORENSIC REPORT. It is a legal analysis that makes difficult choices — out of the 50 arrows in your quiver, which 2 are you going to actually use? Due process doesn’t mean the Court must hear all your arguments.
- Consistency in the defense narrative. From pleadings to motions to argument to cross examination and eventually closing argument.
- Satisfaction of procedural requirements to state a coherent and focussed defense.
- A coherent and focussed defense based upon solid well-established substantive law.
- Aggressive and persistent pounding on motions directed at showing the “Trust” and the “Trustee” are appearing as fictitious entities.
- Aggressive and persistent pounding in Discovery requests, motions to compel and motions for sanctions.
- Motions in limine, if permitted.
- Compliance with trial orders and other orders of the court.
- Heavy preparation for hearings and trial.
- Effective and persuasive cross examination. This specifically excludes those issues that are later reported to have at least been put on record. That means nothing. What matters is actually undercutting the robo-witness in open court and that takes preparation and follow-up questions that keep drilling until the absence of knowledge and facts is revealed.
- Asking for relief that is legally possible and that the judge is likely to grant. Legally possible means BOTH procedural and substantive law is applied.
Filed under: foreclosure |
Fair judge? Mine has $1.2 million in Wells Fargo and has stopped my counterclaim twice.
You need a hole in your head to keep this up….
Need a hole in your head to keep this up…..
Add to the list — need a fair minded judge