Foreclosure mills CAN win because they make a claim, and the system gives them relief unless there is a legally recognized defense alleged, presented and pursued.
Homeowners are not required to prove anything. They only need to stop their opposition from proving a claim. Homeowners CAN win even if they did breach a loan agreement if the evidence against them is insufficient. In foreclosures today, the evidence is ALWAYS insufficient. Thus homeowners can win every case depite a biased bench.
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Homeowners are shooting themselves in the foot every day, looking for a lawyer with the same background as me. Some lawyers qualify in that respect. But virtually none of them are interested in litigating foreclosure cases, so you need to find a lawyer who knows how to litigate. Finding a lawyer who will tell you that Neil Garfield is correct in every respect in every situation (doubtful) is like trying to find a lawyer who can speak ancient Greek. It doesn’t matter; it is irrelevant, and you won’t understand them anyway.
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They don’t need to know about securitization, derivatives, hedge funds, securities, underwriting, issuance, sales, or trading. These are all issues that get homeowners and lawyers. The defense lawyer or lawyer advising you needs only to know how to litigate a case.
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They can be completely ignorant. You are probably posing the wrong question and trying to convince a lawyer that you’re right. The lawyer does not need to believe you are right to tell you how to proceed, given the fact pattern that you are alleging.
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He or she only needs to know what you’re alleging and then how to use that. Defense lawyers don’t care whether their client is ultimately right or wrong. They ONLY care if they can win. That is what this fraud is all about. *
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Foreclosure mills CAN win because they make a claim, and the system gives them relief unless there is a legally recognized defense. Homeowners CAN win even if they did breach a loan agreement if the evidence against them is insufficient. In foreclosures today, the evidence is ALWAYS insufficient.
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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.
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.
Filed under: foreclosure |
The goal should be for government to disclose claimed privacy documents. If done, would not have to beg a judge to disclose as would have in hand at onset.