We are inundated with requests for help. We will try to get to each request in timely fashion but in the meantime perhaps this post will be of some assistance.
Most people start off by bringing to us a case that is already in progress. But for those whose case is just starting this article should prove useful.
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I would suggest that you find a way to bring the central issue, front and center, to wit: that without evidence of ownership of the debt and value having been paid pursuant to Article 9 §203, neither you nor the court can have any confidence that the proceeds of foreclosure, if successful will be used to pay down the debt. In fact, recent evidence suggests that this claimant regularly receives checks from foreclosure sales which it sends to a third party who in turn deposits the money into an account of an entity that does not own the debt and never paid value for it.
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This of course means that all the notices, modifications, negotiations were all a farce. No “investor’ was ever contacted nor was anyone assigned to the task of figuring out a reasonable settlement of the debt because none of the people worked for any entity that had any financial interest in the success or failure of the loan.
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While most litigators are quick to point out defects in pleadings and proof, they usually fail to couple it with legal argument that such defects mean, by definition, that there is far more than reasonable doubt that the current foreclosure, if successful, will actually result in payment to a real creditor who really owns the debt because they really paid value for it.
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The latter argument is essential as it lifts the defense from a mere technicality to a more substantive defense of pointing out that the foreclosure is being conducted by parties who have no intention or desire to find any creditor, much less pay them.
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The players in your case are probably all securitization players. That means they are engaged in a pattern of fraud and deceit. Unfortunately that doesn’t mean you automatically win. Winning homeowners in foreclosure battles mostly get there by commitment, persistence, courage and patience. The central strategy of the banks is to undermine your confidence in your ability to defeat them. If that doesn’t work they will string you out as long as possible. They use both those strategies because they work. Most people back off or get worn out. Those that stay the course win the case more often than not.
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As for finding a lawyer I know that is challenging because most lawyers view these cases as losers when in fact, properly litigated, more than 65% are winners. They also view the business proposition as a loser because they think their clients are too poor or unwilling to pay them a fair fee for their services. Our system requires payment for justice even though homeowners can appear pro se.
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Homeowners a reluctant to pay because they also erroneously perceive their chances of success as miniscule and because they erroneously perceive lawyers as part of the system that is rigged to screw them.
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I can help with finding a lawyer but you should not rely on me to do so, especially if you have not ordered any services from us. We also cannot work for free. But more important than finding a lawyer is presenting a compelling case that they can win and from which they can draw remuneration that is equal to the task.
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Preparing a case narrative that is compelling and likely to succeed in court is what we do. Because so many people end up pro se it is imperative that the fundamental reasons why the homeowner should win is presented with clarity and persuasiveness. It is not enough to show why the claimant should lose.
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Pro se litigants and lawyers alike make the error of believing that if they can point out enough technical deficiencies the court will rule in favor of the homeowner.
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No judge is going to feel comfortable ruling for the homeowner if he/she believes that a creditor is going to lose money as a result of the homeowners failure to pay a legitimate debt.
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Every judge starts out believing that the debt exists. Logically they presume that therefore a debtor exists and that is true. It is the borrower/homeowner. Logically they also presume that a creditor exists or at least existed and that is also true.
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So the job of the pro se litigant or attorney is to convince the judge that there is insufficient allegations and/or proof to show that the foreclosure is likely to result in paydown of the debt because the claimant is false and because the claim is false.
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The point, to every judge, is whether the foreclosure will result in payment to a creditor woning your debt. If the judge believes the answer is yes, the borrower/homeowner will either lose or at most simply delay the foreclosure. If the judge doubts that the debt will be paid through foreclosure then the homeowner wins. Yes, it is as simple as that.
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So if your current attorney is losing interest or you are having problems locating an attorney in the first place then you probably need to order services from us so that we can convince an attorney that your cause is both meritorious and just and convince him/he that he/she will earn a good wage from advocating on your behalf.
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To do that we must perform testing and analysis of your data, like a doctor would do before diagnosing or prescribing intervention or medicine. Then we must structure a blueprint focusing on the facts in your case that will increase the likelihood you getting traction in court.
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In plain language we figure out what might turn the head of thn judge such that they too have questions in their head that they think should be answered. We do that in two parts — our title and encumbrance analysis (TERA) and then the Preliminary Document Review (PDR) which includes a recorded 30 minute consultation with me. If you have a current attorney, their participation in the telephone consult usually makes the difference between winning and losing or whether or not the lawyer will accept the engagement.
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Generally we suggest that people start with the TERA and then order the PDR PLUS. TERA looks only at title documents, signatures, notarization etc. while PDR looks at both title documents prepared under our analysis and report and unrecorded notices, pleadings, documentation and correspondence. PDR Basic looks at only a handful of such unrecorded documents. PDR PLUS usually suffices. PDR PREMIUM is generally used when pro se litigants or attorneys are using us to help them prepare for an appearance in court.
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Our Case Analysis is generally used for trial preparation or appeals.
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As a prerequisite to performing any service you MUST submit a registration form that accurately provides as much information as you have in your possession.
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If you want to submit your registration form click on the following link and give us as much information as you can. CLICK HERE FOR REGISTRATION FORM. It is free, with no obligation and we keep all information private. The information you provide is not used for any purpose except for providing services you order or request from us.
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If you want to order services, after you have submitted the registration form, here are the links:
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CLICK HERE TO ORDER CONSULT (not necessary if you order PDR)
CLICK HERE TO ORDER CASE ANALYSIS (not yet)
CLICK HERE TO ORDER PRELIMINARY DOCUMENT REVIEW (PDR PLUS includes CONSULT)
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Please visit www.lendinglies.com for more information.
Filed under: foreclosure |
Wouldn’t it be easier to just simply represent these cases…
Everyone knows that the creditor DOES NOT need to “own the note to foreclose. Your post is factually and legally incorrect.