Finding a Lawyer Who Wants to Win Your Case

Posted on June 3, 2022 by Neil Garfield

This issue is so common that I making a blog post out of my answer.

The most common question I received is whether I know of a lawyer who “gets it” and who practices in the jurisdiction in which the subject property is located. We are not a lawyer referral service primarily because it is challenging and expensive to keep track of lawyers who will accept these engagements.

I think the primary obstacle to finding a lawyer is probably the homeowner’s desire to find a lawyer who already accepts the basic premises of a successful foreclosure defense strategy. This is an unnecessary restriction.

It requires lawyers to have at least baseline knowledge of securitization and Wall Street practices. That knowledge, while helpful, is not required for a successful challenge to current claims to administer, collect or enforce any debt.

Lawyers generally have no interest in getting the whole story as long as they have the necessary information and tactical plan to win the case.  They only need to understand that if the challenge is made, the legal presumptions that follow from the apparent facial validity of fabricated documents will collapse.

In any US jurisdiction, there have been at least a dozen lawyers who have been active in foreclosure defense. They seem to come and go.

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A frequent subset of questions that I receive relate to the Chase-WAMU situation.  homeowners are unnecessarily restricting their options by insisting that the lawyer already know that Chase never acquired any loan from the Washington Mutual bankruptcy estate or the Washington Mutual receivership that was controlled by the FDIC.
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You would probably be best off with an attorney who has training and experience in trial practice more than any experience with Washington Mutual Bank. I can provide the background narrative for the merger of Chase with WAMU.  it is important that you present as a good client able to pay fees. So you want to insist on paying for a lawyer’s time even if they are offering a free consultation. The next thing to do is to schedule a conference call between me and the lawyer you have found. You could be included in that conference call.
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  If you are looking for my assistance, I think that the most cost-effective way of handling the issue is if you order the Preliminary Document Review (Plus or Premium) from us. This gives me an opportunity to review your case and make some preliminary suggestions for the next steps. It includes a consultation.  The consultation includes an oral report on my preliminary findings. The conference call is recorded and a transcript is produced through artificial intelligence.
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 All this information is helpful in presenting your case in an orderly fashion to a prospective attorney.
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As a side note, it appears that the most common profile of an attorney who might accept this engagement is as follows: between three and seven years of trial experience, not just motion practice, and an open mind to accepting the possibility that despite the legal presumptions raised from apparently facially valid documentation, there is (a) no unpaid loan account, (b) nobody owns a debt that is due from you even if you think you owe a debt, and (c) there is no default (because there was no loss).
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The initial reaction from the lawyer will be that foreclosure defense will generally result in failure and that the client probably has very limited resources to pay for effective litigation, including discovery and motion practice. You can overcome this resistance by presenting a plan that they can understand and demonstrating your commitment to completing the task.
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If you can get the prospective attorney to attend a telephone conference with me and you, I am usually successful at convincing the prospective attorney that there is a high probability of success and that there is a business case for accepting the engagement.
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 Depending upon the current status of your case, you might also want to consider the Administrative Strategy  (see below) which includes all the elements of the PDR PLUS or PDR Premium.
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Nobody paid me to write this. I am self-funded, supported only by donations. My mission is to stop foreclosures and other collection efforts against homeowners and consumers without proof of loss. If you want to support this effort please click on this link and donate as much as you feel you can afford.

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Neil F Garfield, MBA, JD, 75, is a Florida licensed trial and appellate attorney since 1977. He has received multiple academic and achievement awards in business, accounting and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.
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FREE REVIEW: Don’t wait, Act NOW!

CLICK HERE FOR THE REGISTRATION FORM. It is free, with no obligation and we keep all information private. The information you provide is not used for any purpose except for providing services you order or request from us. You will receive an email response from Mr. Garfield  usually within 24 hours. In  the meanwhile you can order any of the following:

Click Here for Preliminary Document Review (PDR) [Plus or Premium) includes 30-minute recorded CONSULT). Includes current title search.

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CLICK HERE TO ORDER CONSULT (not necessary if you order PDR)
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FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.

But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 12 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).

Yes you DO need a lawyer.
If you wish to retain me as a legal consultant please write to me at neilfgarfield@hotmail.com.

Please visit www.lendinglies.com for more information.

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