Do you fight, settle or walk away?Homeowners face issues that are hard to understand.

Lay people believe that being right is enough. Good trial lawyers know that victory comes only in that moment with the judge or jury in which they have established a connection and can utilize that connection to make a credible argument that encourages or even forces a favorable decision. Very few lay people can achieve that.

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A lot of people are doing a lot of investigations and analysis about foreclosure scams. They end up with documents, audio recordings and other evidence of wrongdoing. Then they come to me with their shoebox of sundry “evidence” and want me to make sense of all of it.

So the problem is that if I actually review all of that I am concerned that all I will see and hear is stuff that makes us mad but doesn’t do us any good in terms of pursuing a strategy that might actually get some results — as opposed to basically venting our frustration. and that costs money that would be better spent pursuing a potentially successful strategy.

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And believe me I get it. Outright lying in oral argument, testimony and in “facially valid” documents is the scourge I deal with daily in my efforts to assist homeowners. Unfortunately even proving the lie won’t necessarily make the judge change its directions and rule for you. AND proving something was a lie is not so easy.
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Reference to other documents or statements are helpful but not dispositive. Even when confronted with two diametrically opposed statements from their client lawyers will argue that the context was different or that minor word changes make the conflicting statements compatible. That is what lawyers do.
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So the real question is what is your next move and how do we select the best tactics to give you the best chance at gaining traction in court? Courtroom battles are only partly based upon justice — who is right and who is wrong.
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The other part which is dense to laymen is procedural and the laws of evidence.
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As to evidence the main thing we are confronting is court bias for the banks based upon the sanctity of contract, and legal presumptions that are centuries old arising from what appear to be facially valid written instruments.
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Add to that mix that we don’t ever have any other competing party asserting the right to be paid, and you end up with a heavy lift — rebutting an assumption and legal presumptions that favor the view that there was a loan, you owe the money, you didn’t pay the money, and you agreed to forfeit the property in the event you didn’t pay.
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Initial efforts to rebut those assumptions and presumptions are almost always met with extreme skepticism — partly fueled by the belief by lawyers and homeowners alike that those assumptions and presumptions are justified in the context of securitization of residential mortgage debt. Hence the defense is not confident, focussed or assertive and relentless.
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These cases can be won and they are often won — but only by those who understand the rules and who are willing to go the entire distance (i.e., trial) and to do all the things along the way (pretrial motions and discovery) that are necessary to raise the inference that the claimant does not have the goods for a real claim.
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Going it alone, pro se, is risky business because lay people have no idea how that is done. But our system is, for better or worse, based upon the ability to present claims and defenses in the most credible way — and that usually requires a lawyer to do it. Pro se litigants have won through persistence but only if they stumbled upon some tracks that at least partially rebut the assumptions and presumptions being used by the court.
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My work can often diminish the cost of defense but I can’t eliminate it. Because of all the experience I have as a trial lawyer and especially the defense of foreclosures I can often accomplish in one hour or even a half hour what it might take another lawyer 3-4 hours to accomplish. But that isn’t always true. Some trial lawyers don’t need my help. They understand how to focus in on the bests defense strategies and what tactics to use to get traction. And they win, but not all the time.
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Where the resources are limited, which is usually the case in foreclosure defense, the homeowner is forced to make choices as to what work will be ordered and then hope for the best. Just remember that it is extremely rare to gain traction simply based upon the revelation of one particular fact, or the filing of one specific pleading or memorandum that is one for the ages.
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Actual tangible success is based on credible presentation and persuasiveness which must be assessed by the presenter (attorney or pro se) as the case proceeds in real time requiring split second decisions and changes ion approach. Persuasiveness is largely a factor of changing tone or emphasis based upon feedback from the court.
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If you have a series of rulings that are negative. that forms the law of the case and the more the rulings the further you are behind the proverbially 8 ball regardless of how unjust the result. Theoretically your chances of success are still present — but they are diminishing with each negative ruling. To assess your prospects for success you must realize that the odds were stacked against you from the beginning, and that now they are even less.
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I’m not trying to dissuade you from pursuing your rights. You probably are the victim of illegal and perhaps criminal behavior. But I want to make sure you understand the risks. This is why some homeowners choose to settle with their tormentors rather than fight with them. There is no right or wrong decision.
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The decision to fight or walk away or settle is strictly a personal decision based upon one’s tolerance for risk, ability to finance a coherent defense, and the time and energy to devote to saving the home rather than pursuing other things in life.

12 Responses

  1. usedkarguy — changed to bankruptcy law really hurt us, and it helped further conceal the great financial fraud. Did not realize Warren was involved.

    Thanks.

  2. I fought for over ten years, only to have the State and the Courts cream us. Criminals all. Would I do it again? Not sure. Life is precious.
    On another note: Did ya know Elizabeth Warren was one of the premier architects of the Bankruptcy Law changes? How does that make you feel.
    Ready to hurl? She was also in charge of TARP. Yeah, that TARP!
    Still feeling the Bern? The Commie? Ying Yang? Gabby?

    Don’t Be a Chump!
    Vote for Trump!

  3. Keith Ragan – they will use every trick in the book. Have to always be one step ahead. How some of these attorneys can wake up and look at themselves in a mirror is beyond me.

    Thanks for sharing. Good Luck!!!

  4. Personal POV…after 11 years, I am still here because I refused to give up…had a Trial date…the day before Trial the Bad Guys expressed a desire to ‘settle’ if I waived fees…I was over-joyed…until I got the ‘settlement offer’ six weeks after they Voluntarily Dismissed…they simply re-filed while laughing at my naivety…I won’t make the Same Mistake again.

  5. I have come to the conclusion that – although Neil is correct, that is, one must fight in Court, Courts are not the only avenue we should be pursuing. Courts are confused, and under pressure from peer bad case law.

    I have also come to know that authorities are clueless as to what really happened. And, when you tell them – they are shocked. Now, how does this happen after over a decade? How do authorities not KNOW what REALLY occurred? That is the question that must be put through, publicly, in a Court of law. With the help of those in control. Just one case, can turn the worm. Details, details, details.

    We can argue bad documents, bad standing, bad everything, until the cows come home. But if you don’t know why and how it happened — it is a difficult battle.

    We need to tap how it started, and present for all to see.

    Regulation. There was regulation, but it went afoul.

  6. After a while fighting becomes a no option, People do not realize what happens when you loose your credit, because of fraud from mortgage servicers we never heard of before filing false claims of unpaid debt.This immediately stops any hope of getting refinanced thru a legit mortgage company, To save our family homes we must admit to owing up to 2x of what we really owe to even be considered for a modification from a company we usually would never do business with ,But now controls if you keep your home or not. We lost our home of 28 years to a servicer who would not present proof of them owning our debt, doubled the amount owed,And was pampered by the judge to produce this info in our summary judgment but never did and still got approved to sell our home.

  7. @Summer exactly no excuses for courts, government to continue this financial terrorism and big, living lies.

  8. Rules can’t trump right and wrong

  9. Courtroom battles are only partly based upon justice — who is right and who is wrong……

    Maybe it was 20 years ago when bankers lent money and America had middle class. .

    Now American housing market is a huge crime scene; borrowers are modern slaves whose families are sold every day on the open market to produce huge income for slave-owning fascist-oligarch (who call themselves “successful capitalists”, after they took $31 Trillion bailout from all of us – for FREE.

    Which “free house” banks are taking about if EVERY American gave them $100,000.00 ??? A family of four gave $400,000.00 while Big Banks made $12 per $1 trading slave on the open market while collecting their wealth as “loan repayments”?

    And it is called “FREE HOUSES????

    Courts are the same criminal enterprises as Mega Banks.

    Judges perfectly know that they are doing is illegal – because too many judges are from bankers families or stockholders of the same banks in whose favor they rule (conflicts of interests? who cares).

    Fight.

    Expose banks and judicial fraud and corruption as wide as you can.

    Eventually we will win,

    But how much collateral damage it will cause, how many arbitrary executed and illegally displaced people judges will leave to die on the battlefield is a question.

  10. tonycat….I too am in North Carolina and my property has been stolen. Been through 3 lawyers. Tens of Thousands of dollars for absolutely no defenses presented, when they are-were available. The last lawyer, not only negligent….malpractice is more the suitable to define the behavior. These lawyers know “they” are not capable of a win going in and deceive you into a payments stream to buy time. When in fact wins are possible-probable with the right training and understanding. They lie! I am in the Wilmington area. Right now I am in the eastern District Court on appeal and have the option of opening up the old case, which is administratively closed, in the Federal Court.

    Perhaps we can share info.

  11. We too wanted to fight! But we went through 5 lawyers, and ALL of them gave us 3 choices in our nonjudicial foreclosure state of North Carolina: 1) Modification (if the “lender” would let us!) 2) Bankruptcy (which is NO help since the MORTGAGE was our problem, not other unpaid unsecured debt the wiping out of which would supposedly have allowed us to then pay the mortgage. The mortgage had ballooned up to twice its original amount and would have taken over half my husband’s and my income each month to pay the payments if we were allowed to continue) and 3) “Fight” by appeal, against an admitted prejudiced judge, and our lawyer quit on us before the appeal was heard. We chose that one, not realizing the lawyer was going to quit and not represent us at the appeal, much less try to find any proof the foreclosers did not actually have a valid claim. The publicity on what crimes were committed by the so-called “lenders” has been so silent, NO ONE believes our house was stolen from us. Everyone still thinks the situation with mortgages is still like it was 60 years ago, when the local banks and Savings & Loans loaned the money, the mortgage was kept in house, and the banks preferred to get paid rather than foreclose. So of course, we were foreclosed on. And our house sold. We are just deadbeats, not people who were victims of a serious, widespread criminal conspiracy. That is what everyone believes, and we are STILL being victimized through our credit reports for that widespread belief. Until we can get some traction in the press and some crimes come to light, this will continue. Meanwhile, we are hurting!

  12. I don’t understand why walking away would ever be an option. Fight !!

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