TONIGHT! Why Lawyers Should Want Foreclosure Defense Cases and What They Are Missing $$$

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Tonight’s Show Hosted by Neil Garfield, Esq.

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This show is devoted to convincing the lawyers who will listen that they are missing out on something very profitable and important. Representing homeowners faced with foreclosure papers can and does present an opportunity for large paydays, consistent victories in court, and playing a part in changing the trajectory of home finance in this country and around the world.

In 2008 I presented a seminar that provided the essentials of foreclosure defense as we knew them at that time. We repeated it several times in different parts of the country. In that seminar, I also presented a business plan for lawyers to do it. It was the hub and spoke plan that allowed homeowners to pay monthly based upon the known length of time that any foreclosure would last.  About a dozen lawyers followed my instructions and made millions of dollars.

It’s time for a new push.

6 Responses

  1. Steve,

    Title is so messed up it cannot be cured until a foreclosure occurs and a new owners’ policy is issued. But even then, it is not cured. Title is very complex and there is a difference between insurable and marketable title. By purchase of foreclosed homes one will likely only get insurable title, but not marketable title. This is why foreclosures are set at discounts. Title insurers will simply not take the liability. There will be multiple exceptions to insurance. So – for purchasers of foreclosed homes – beware. These title issues are part of the problem that caused the crisis. What you think you got is not what you get. To cure title is an extremely complex process, and it is not cured by simply beating a foreclosure judgment. Further, any “deficiency” ever recorded will carry forward forever leaving any loan, even if a refinance or sale is achieved, in a chronic state of default with the ability to always manipulate escrow and payments – and charge fees. Will be forever beholden to a non-friendly debt collector servicer.

  2. We agree with all of the below statements except that the battle can’t be won. We disagree. We have assisted pro se’s for years. We have 4 assistive cases that are each 4+ years old in NJ, NY and Wash state. Results: No foreclosure judgments and no loss of title to date!

    If the owner/borrowers follow civil procedure protocols and use some not well known methods and get a grip on how to litigate [using competent pleadings, discovery and motions] the attrition of many banks’ law firms has show to be obvious and the chance of winning exponentially greater. Some firms just seem to give up because their real skills simply are not there. And it DOES happen. Remember, most banks don’t use $500 an hour attorneys to do foreclosure litigation. Many use bigger firms but assign the cases to subordinate grunts.

    Likely, the brand new “Covid” presidential executive Orders will be calculatedly ignored by banks in state courts where most foreclosure and eviction cases are filed. But they need to be challenged at all levels. And in Biden’s America, foreclosure defense cases may be easier to win, but only if the litigation is done competently and robustly.

    The new war is at hand. This time the battle can be won.

    Any comments are appreciated.
    Steve at Consumer Rights Defenders
    sncr.defenders@yahoo.com

  3. ANON, Javagold, the problem is most attys. are clueless to the fact a foreclosure is a breach of contract case. The bank is alleging the borrower failed to make timely payments, and the borrower agreed the bank could have the property. That’s why the majority of states are non-judicial states, the legislatures in those states didn’t find a need to have a court involved because contractually the borrower confessed judgement. How do you think an atty can win a contract case, when they don’t know how to analyze a mortgage transaction (contract). All they know how to do is take the feckless borrowers money in monthly payments, and the longer they stall, the richer the hacks get.

    What makes these hacks frauds, they make claims of the thousands of cases they’ve won, cheating the borrower out of their money, while giving them false hope. We ask these scammers all of the time for proof of these wins, haven’t had one provide a case where the borrower received financial remuneration, or free title to their property. However, the ones attacking the contract those outcomes are the rule.

    We have access to all the legal search engines and can look up these hacks making these claims, and trust me when I tell you–they’re lying!

  4. But to attorneys’ defense here. The case law is horrendous. With horrendous (precedent) case law, what attorney will risk? Case law has to be changed, but need attorneys first (hopefully they like doing law) to undo precedent law. That is a HUGE battle.

  5. Java – I hear you. Here is what one attorney said when we met before I hired him: “I hated law school. I hated every minute, every hour, every day, and every year.” I should have ran for the hills. I did not — very sorry later. Attorneys simply do not want to work. They want YOU to do the work — and hand it over. Even then, if they don’t like your work — well you are done.

  6. So many broke and out of work lawyers and yet we still find it next to impossible to find lawyers that will defend Fraudclosure. Why is that ??

    And for 12 years this has been going on , I find it impossible to believe this blog or any other website , cannot figure out a way to get a group of lawyers listed in ALL 50 states in one organized listing for homeowners to feel confident in their representation. This should take 30 minutes to get up & running. That it has never happened. Speaks volumes. The fix is in.

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