Tonight! How Homeowners Win Foreclosure Cases: Procedure v Substantive Law — Use It or Lose It.

Thursdays LIVE! Click in to the Neil Garfield Show

Tonight’s Show Hosted by Neil Garfield, Esq.

Call in at (347) 850-1260, 6pm Eastern Thursdays

The difference between winning and losing is whether you are using procedural law to your advantage or you naively enter the courtroom believing that a substantive law will save you.

Spoiler alert #1: The substantive law is irrelevant until you make it relevant.

Spoiler alert #2: The court doesn’t want to let you make it relevant.

Tonight we will talk about the the Litigation Menu that leads to winning foreclosure cases. As always my premise, proved true in thousands of cases, is that there is not a single transaction in which anyone has purchased or funded the debt. This is counterintuitive but once you allow for the possibility that it is true, the doors are open to victory.

[By “anyone” I mean anyone in the chain relied upon by the party claiming foreclosure. Hint: You don’t need to prove who has a financial interest in the loan performance. You just need to reveal the fact that the claimant has no such interest.]

This is the outline of my Litigation Menu:

  1. Filing lawsuit or defenses and/or counterclaim. The difference between notice pleading and plausibility pleading.
  2. Safe harbor correspondence and filing — Lender Beware! Lawyer Beware!
  3. Abuse of process problems
  4. Fraud problems
  5. RICO issues — extreme pleading required.
  6. Discovery
    1. ASK: QWR. DVL, Interrogatories, Request to Produce Request for Admissions. Who paid for the debt and when?
    2. Receive
    3. Motion to Compel
      1. Compelling motion — Issues in Dispute
      2. Memorandum of law
    4. Motion for Sanctions
    5. Renewed Motion for Sanctions
    6. Motion in Limine
    7. Pretrial order — preserve objections
    8. Motion to strike witnesses, exhibits
    9. Trial Objections
      1. Motion to strike
    10. Motion for Judgment or involuntary dismissal

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