- Attack as soon as possible — even as early as post closing.
- Demand the identity of a creditor who has created an unpaid loan account memorializing a “loan” transaction. (FDCPA-DVL and RESPA-QWR)
- If procedurally late, consider bankruptcy chapter 13 with an adversary lawsuit.
- Relentlessly pursue corroboration that the designated claimant is in fact making a claim by seeking a sworn statement from an officer or employee of the claimant (not the servicer).
- Relentlessly pursue discovery
- Interrogatories
- Requests for production: copy of unpaid loan account receivable on the books of the designated creditor.
- Requests for admission
- Motion to compel better answers
- Hearing on objections
- Motion for evidentiary sanctions
- Motion for economic sanctions
- Motion to strike pleadings
- Motion in limine
- Prep for objections at trial and follow-up motions to strike documentary evidence and testimony.
- Rule of thumb: when you reframe the case as court vs counsel for the designated claimant, you have most likely won.
- Settlement: the first offers are always designed to undermine the lawyer’s and the homeowner’s confidence. Wait until the third final offer before you start negotiating.
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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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 |
We look like American fools.
Shelly and Charles are correct. What is happening suggested here is that “borrowers” get a so-called loan and then challenge it immediately. Will not work in a court of law. And that does nothing to negate all the financial crisis fraud. In fact, since the crisis fraud, much has changed. There are no more PLMBS. That is over. But the fraud from the crisis remains and its remnants remain across the country. This is a political problem that is not being addressed.
If can’t get houses back – give back the people’s dignity. This administration – who was part of the administration that concealed back in 2008 and 2012 settlements, will NOT acknowledge. How can they do this to the people?? Give back truth and dignity. There is no disrespect here intended either. But as Shelly states – “money talks bullshit.”
This country is in a fight to survive. And no one is listening. Bad policies, from NAFTA, to Deregulation, to Regulation AB for PLMBS (which is now gone for crisis invalid “trusts”), to manipulated interest rates, to an agency that cannot help you, to courts that do not care, to a voting public that does not understand, to adversary countries who want exactly all to fall apart, to being unable to produce our own goods and be self-sufficient, to border policy that does not care if the entire world and drugs and cartels come here, to corporations who avoid taxes, to banks who play games and conceal their actions, to seniors and medically compromised who bear the brunt of unexplained viruses and high medical bills, to crime ridden cities, to children who are indirect victims of the fraud, to politicians who don’t care about anything other than their own rule. We are done.
But as a last resort — the truth should be told as to the fake “unsecured” claimed debt that has no valid party who can actually claim any valid right to it. The heart and soul of America is gone. Don’t want to hear that most fundamental issue is abortion, and, frankly, what restaurant you will eat in next. Many of them going under anyway. There can be no fix of this country until what has been concealed is disclosed. It is horrible. We cannot be a “consumer” economy that drives 80% of our economy. Won’t survive.
What I don’t understand is that in light of the Hernandez and the Ryder class action victories, plus the CFPB Consent Order Dec 20, 2022, that victims were harmed as the TARP requirements were not followed and these folks in bankruptcy were not calculated correctly. No calculating when required to do so is the same thing that as it results in not granting the modification.
I believe that when the Independent Foreclosures Review Board halted in Dec 2012, and renegotiated the settlement and removed the “No Standing” was because the reviews were showing the failure to correctly process the modifications, which then showed that a property foreclosed was done illegally. However, instead of paying out $125,000 they only paid out $6,000 to those illegally foreclosed, in which there was a total of 60,251 foreclosed and not granted a modification for all the banks!
No disrespect Neil, I am just being blunt. It does not work when you have Attorneys that are pro only being paid off by the Banks. I went for ten long hard years with one Attorney. At the 10th Year I was in a final judgment in shock. With all do respect, as a homeowner, the hype does not cut it for me. Money talks bullshit walks. And that’s what happened to me after over 20000 dollars in legal fees and a modification that too me way be on the value of the home. I still love your articles because they are factual homeowners agrees with you but we lose for fighting. But I do believe one day