A simple truth always applies: Only an experienced trial lawyer can walk into a courtroom and feel comfortable. Everyone else is angry, confused, or terrified, even if they are a lawyer. The consequence is that they either say nothing at all or say nothing that is relevant or persuasive, or both.
When pro se litigants and inexperienced lawyers go to court, they must repress the impulse to challenge the judge as unfair and biased, even if it is true. Instead, they must acknowledge the obvious and then challenge the court with something undeniable.
Pro se litigants across the country have been successful because they understood that. Inexperienced trial lawyers became experienced trial lawyers in part because of that.
The Judge is tasked with moving a congested trial calendar and doesn’t care one whit about who wins in your case. He or she only cares about clearing the docket. Crying about bias and corruption after you lose may feel good — but not as good as winning the case.
Virtually every judge has made several assumptions about foreclosure cases. And they will often make statements or rulings based on those assumptions.
The trick, as every successful trial lawyer knows, is to nip it in the bud. If you are successful you are likely to win. You need to stop the judge from flowing along and with their own internal assumptions and applying a one size fits all to the ruling.
Here is a script that pro se litigant in that situation can use:
“Excuse me, Judge I know you are busy, and you have a congested calendar. And I know I could be better versed in legal procedure or substantive law.
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“But as a pro se litigant, I would like to ask you to grant me some leeway here so that I can present a defense. I know the defense narrative does not appear realistic to you nor provable. In fact, you might not like the result even if I am correct.
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“But I am challenging the existence of any claim possessed by this claimant. Nothing more and nothing less. The issue is not whether I missed a payment. It is whether I missed a payment to them.
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Surely you have no interest in awarding property or money to a party who is not entitled to receive it, right?”
- You stopped the flow against you
- You acknowledged the obvious
- You invoked common law doctrine that requires a judge to be more lenient with pro se litigants
- You simplified your defense narrative
- You issued a challenge to the court that the judge could not refute
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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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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 14 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.
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Please visit www.lendinglies.com for more information.
Filed under: foreclosure |
Judges don’t care WHO is before them. They rely upon what the media falsely told them. And the reason one cannot find attorneys to even take these cases is because the precedent law is horrendous. It is outrageous that the government settled with big banks and told the homeowner victims – “You are on your own.”