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I often have exchanges with frustrated homeowners that end up like this one received recently:
“That leaves everyone doing nothing and allowing the banks to prevail. Your posts are very inspiring ( like a carrot) but then very discouraging ( your answer) when there’s no one willing to help the cause.
We’re supposed to have real answers/ solutions to help people, not just information. “
She’s right! But like most homeowners, she doesn’t like the real answer and real solution.
The real answer lies in a good or great knowledge of court procedure. I can’t teach that to lay people who have no foundation in legal training. If it was that easy we would not need lawyers or even judges.
The reason solution lies in a timely, well-conceived strategy and tactical plan to attack the sufficiency of the allegations, the implied allegations, the evidence, and the implied evidence. In order to do that you need to understand the rules of civil procedure in your local courts and methods and strategies that can be used to encourage a court to fund that that there is insufficient evidence to allow the foreclosure claim to proceed.
That said, I intend to discuss tonight some of the basics and why homeowners should be paying their lawyers more — in order to get the work done that needs to be done.
Whether you are fighting to win or just kick the can down the road, the key to success is in attacking the sufficiency of allegations and the sufficiency of the evidence against the homeowner. Nothing more and nothing less.
Filed under: foreclosure |
There are very few people who fight the system. Most foreclosures are not challenged. Those that do – get caught up in courts that simply do not like that they are challenging the system. For these judges — the “system” works just fine – for them.
We need much more. This is not to say — you can’t find a great attorney, pay him/her a bundle, and win!!! But, as long as the system remains corrupt with fraud, that fraud will continue to grow and destroy.
Hammertime – Biden will never acknowledge the fraud. He was part of cover-up. Little chance he will reverse. Had the crisis been properly addressed over a decade ago, our economy would likely have survived, peoples homes saved, and we would have a new system today. It is too late now. And, the original targets of the crisis “loans” were minorities. We can’t fix all that has been done to harm them in our history. We can give them the homes they more recently lost, or provide decent restitution for their loss. That will take courage. I see the inner cities. I see people who do not have “more money” to pay an attorney. I see these people pay other people 200 dollars to help them file a court brief. I see judges silence them — judges who will not even allow them to speak in the court. I see the struggles. I have helped work with the reverends of inner cities to fix the issues. But, even they don’t understand. Even they think the “system” is okay. This has to be changed.
I think one of the best places to start is with the fraud against minorities. But, that is not happening. We see movements, but none of it addresses the restitution deserved due to the near past fraud. We need someone with courage to help. We need people to understand what happened to them. We will not find that help alone. Recently (and I have been everywhere) I went to a state legislator that is a minority. His assistant basically told me that I am “nuts.” “The system is just fine,” he told me. The system is not “fine.”
Agree and disagree. Over 10 yrs and still judges and courts must b convinced “banks” aren’t above the law? Lawyers routinely ignored the basics of what you’ve posted about. In Los Angeles lawyer said bar instructed them not to take homeowner cases. We’re way beyond court procedure. Agree that states should be sued as in recent post and pressuring public officials as you’ve recently posted about. But we are at another stage of systemic fraud and racism and still can’t match the billions the banksters throw at the courts. States and the Biden administration need to acknowledge the system is broken, fix it then we can fight the banksters in court or we need real settlements before then.
Not only have our homes and equity been stolen by systemic fraud but we have been denied the basic right of due process and protection under the law.