Finding a Lawyer to Defend Foreclosure

Most lawyers have dropped out of the game because they don’t know how to win or make money. No loss to homeowners who really want to contest a foreclosure based upon lies and fabricated documents.

Foreclosure experience is NOT necessary. Trial skills and experience conducting trials (especially jury trials) are best. Personal injury lawyers usually possess these skills.

All that is needed is a lawyer who is willing to admit he/she might not know everything and who is open to the possibility that the foreclosure is based upon lies and fabricated/forged documents.

Avoid lawyers who demonstrate a belief that you are getting a free ride. They will never put their heart into it.

Lawyers don’t owe you anything. They are under no obligation to talk with you or do anything for you. Yes they are part of the legal system but they didn’t put you in your current position.

They cannot, under the disciplinary rules, take a case on contingency for two reasons:

(1) the lawyer cannot contract for a contingency that is adverse to the interest of his/her client. The common contingency fee is 40% of the value received. That could be your house unless you have assets that would cover the fee. The lawyer’s interest in the house would be adverse to your own.

(2) The final settlement, verdict or judgment rarely includes an award of damages  although it would be more common if lawyers pursued it. So asking a lawyer to accept the case on contingency is equivalent to asking the lawyer to work for free.

Fees vary from lawyer to lawyer and venue to venue. I generally charge $650 per hour because of nearly 43 years of trial experience, 50 years of investment banking experience, and my status as an expert witness on investment banking and securitization of debt. In New York I would be charging $2,000 per hour, which includes every waking moment I give thought to a case. I don’t believe any lawyer charges less than $200 per hour and if he/she did they would be valuing their services under market which might be what they are worth.

I have mostly retired from the courtroom with the exception of certain legacy cases. But you don’t need me to try your case. Most decent trial lawyers charge between $350-$450 per hour. If a proper affirmative defense or counterclaim is filed within the period of time allowed by the statute of limitations there is a possible award of fees and some lawyers are willing to  take a chance on that as long as part of their fees are paid by the client.

The principal problem in finding a lawyer seems to be that homeowners have just enough knowledge to not make sense to a prospective lawyer and then  get angry that the lawyer was unwilling to go to bat for them. If you walk in with a comprehensive case analysis and recommendations on strategies and tactics then the lawyer does not need to think about rummaging through a bunch of facts and document to find a defense.

Your job as homeowner is to get the lawyer to come to the phone and join a conference call with me or any number of other lawyers who have won foreclosure cases for homeowners. It sells itself if the lawyer sees a payday and a good chance to win — a 65% chance if you are willing to pay him to go the distance.

ONLY A COURT ORDER ISSUED BY A STATE OR FEDERAL COURT CAN STOP A FORECLOSURE SALE OR EVICTION. CONSULT WITH LOCAL COUNSEL ON ALL MATTERS.
Failure to challenge the foreclosure in a court of competent jurisdiction will ordinarily result in a sale of your property.
Nothing contained herein should be considered definitive and you should not use this email as a substitute for getting advice from a lawyer who is licensed to practice law in the jurisdiction in which the property is located.
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10 Responses

  1. Brian — you could be right. But, Treasury Secretary was at the helm during time of financial crisis bailout and cover-up.

    I watched every day back then hoping all would be disclosed. I was shocked it was covered-up.

    I too blame judges. They do not even read the “little people’s” papers. They tell the law clerks what to write depending upon WHO the parties are. However, if the government did not conceal and cover-up, we would not have this problem. The government let the people fend for themselves – knowing that the financial crisis was a huge scam that they felt they had to cover up.

    I blame Dems and Reps – but Dems were at the helm at the time. Reps seem to not want to go there. Watched debate — nothing discussed. Closest we came was Warren talking about the CFPB. But she didn’t really say why the CFPB was formed. It was formed as response to the crisis as the ONLY avenue for consumers to get help. She also didn’t say that the CFPB has does nothing to help the people and undo the fraud that was done.

    Now – we do see the CFPB going against Ocwen. Suddenly, after all these years, the CFPB is “confused” as to why loans were boarded with incomplete histories, histories that should not be there, missing payments, misappropriations, etc.etc. etc. No one saw this over a decade ago? Of course they did — but it was ignored.

    The judges – even though it is put right in front of them that something is wrong – cannot believe that the banks are wrong. That is because the government let it all slide and actually convinced the media that the people bought :”too much house.” If you watched what unfolded in 2008 as I did, certain media anchors were appalling. I also recall anchors being so excited that Treasury Secretary was sitting in the lobby. He never came on — so why was he in the lobby?

  2. Here is nothing to fight in Illinois, 99.9 % judges are bought by banks and their lawyers or have family relations with them.

    When I see how some “defense” lawyers in Illinois handle cases, it looks like banks pay them, too, for not defending a case.

    Not all lawyers like that, but many.

  3. They will “never” let Trump do that…sorry to say.

  4. If you’re in Wisconsin, don’t bother. There is nothing to fight.

  5. @ Anon ,

    Agree with you completely ,, however I think we may see something spectacular in the next year or two… Trump is coordinating an end to the FED, he will never give them a war (their usual way of hiding currency failures) and they are out of options , just print print print ,, the plan is to fold it back into Treasury. I think all the covering for the too big to fail FED member banks will end as we head into a stagflationary period and a currency reset… Time will tell. But the show in DC is getting really good right now…

  6. Oh – and debate tonight? Nothing about bogus foreclosures. NOTHING. WHO are these people?

  7. I fear that most attorneys that even dabble in these issues are “loan mod” attorneys. They want to build a relationship with judges — and the adversaries to promote their agenda. I am not a fan of loan mods. It is just a means to conceal further.

    We need attorneys who care. Who understand. And, right now, I think we need attorneys who understand securities law. Now – from the many attorneys I know — “finance” and “numbers” were not their forte in law school. Neil has MBA and law degree — it is why he gets it.

    These “trusts” – many were not compliant. And even for those that they claimed compliant – the “pools” have been long sold off. We can’t get this information. Attorneys have to go in blind to courts. This information is with the U.S. Government. The government needs to disclose it. They will not. Past law allowed deregulation – and concealment. Certainly, our politicians, on either side, do not get it. . .

  8. Most lawyers just stall the case. Have had three and spoken to a dozen in different states, most do not know how to navigate this web of lies and definitely do not understand the difference between a secured interest and a lien, by the “alleged” party “entitled” to enforce. There is no party “entitled” to enforce and that must be established. Standing and possession are much of the time, the missing elements. My attorney never bothered to challenge any of these two issues. He and I had words…he said: I owe you no duty, I say he does. When he took my money the duty to defend me and my land occurred/began. My breach of contract, as many put it, began when they did not apply my payments and sold me land that was not the size claimed. The loan was seized, for lack of payment, not by me, putting the issue of “holder in due course” and holder status square before the court. Then the title issue of the land, was not repaired. It is a material defect. Anyway, the lawyers, in my humble opinion, do not always have the right stuff. I as a non-lawyer lack experience in procedure, have been bit by this. But, I will argue till death, my case is solid and claims of recoupment exist with fees for the lawyers. Most lawyers do not care…my case is long and complex and cannot be laid out here. A word to the wise here, pick wisely with a lawyer or you will crash and burn and be less a heap of cash…just saying.

  9. Nice article Neil. too bad there are NOT more people like you. I sincerely thank you sir as a 75 year old Vietnam Veteran. I hope to work with you in the future as you have clearly outlined in your email to me. Thanks again for ALL you have done to help people over all your years. Semper Fi.

  10. Neil,

    I have an amazing lawyer, and he has fought to keep our family in our home for 10 years. We are in Florida, where the Supreme Court has gone back and forth on NationStar vs Glass, as it pertains to fees that can be awarded when you win on Lack of Standing.

    What are your thoughts on obtaining fees in Florida?

    How do you determine damages?

    If a cabal of banks, servicers, and lawyers have come together to fraudulently file a foreclosure with fabricated documents to start, fabricated Assignments to continue, and terrorized your family for 10 years, then CAN YOU COUNTER SUE FOR WRONGFUL FORECLOSURE in Florida, similar to a personal injury case? This is outside of defending against the foreclosure. It is for the intentional malicious harm, and pain and suffering that the fraud on the Court and fraud against us has caused.

    Your thoughts on this?

    Thank you for being amazing for our family for the past 10 years!

    Sincerely,

    StillFighting in Florida

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