The goal for homeowners should be to win the case, not to delay it or get a settlement. No meaningful settlement will be offered until you have demonstrated that you are in it to win it, which means that you are truly ready to go to trial.
Until then, you present no risk to the securitization infrastructure and the case has no meaning or relevance to the opposition.
Don’t look at the value of your case from the perspective of the amount of money demanded. Look at it from then perspective of what the other side could lose if they lose this case — i.e., how many other cases will they lose? Will they end up owing billions of dollars to investors?
The method is generically described as “Discovery.” And the best time to start is as soon as you read this. Youc an start with a QWR under RESPA or a DVL under the FDCPA or both. Your transaction most likely falls in the categorization that I describe on this blog — i.e., a securities scheme in which the homeowner is an unwitting issuer of securities.
The homeowner is not a borrower, as represented by sales corporation who are acting as intermediaries for intermediaries who are controlled by investment banks (securities brokerage firms).
Through fasle pretenses, the investment bank (acting through intermediaries) induced the homeowner to execute loan documetns that contained recitations of facts that never occurred in ther eal world.
All contracts incorporate the provisions of statutes governing the content and form of such contracts. All loan contracts therefore require the creation of an unpaid loan account on the ledger of the “lender,” which appears as an offset to the decrease of an asset account that was used to fund the transaction.
If that transction did not occur, if that loan account was not created and mantained on the ledger of the “lender” then there is no loan account and there is no lender.
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Like all litigation, first there needs to be an analysis of the documents that have already been presented, sent, or shown. You are looking for inconsistencies, and you will usually find them if you look hard enough. That means examining and questioning every mark on every page without assuming anything.
But it is not by proving those statements that homeowners win the case. They win by revealing the unwillingness or inability of the attorney working for the foreclosure mill to provide corroborating statements and evidence from the designated claimant. That event serves as the foundation for seeking to bar the opposition from using any legal presumptions and even allows raising inferences or presumptions in favor of the homeowner.
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.Please Donate to Support Neil Garfield’s Efforts to Stop Foreclosure Fraud.
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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 |
Agreed however, what is generally happening when there are documented inconsistences against the Plaintiff and the Homeowner insists on going to trial, the homeowner is blatantly told the objective is get a loan modification, refinancing or be pressured to negotiate. Failing that, as the homeowner insists on going to trial, the documents showing Plaintiff’s inconsistences are removed and replaced with Plaintiff’s fabricated documents. That is how these foreclosure cases are won by the Plaintiff in the courts.