Livinglies's Weblog

But here is where training, education, and experience enter the picture. Trial Lawyers, not homeowners, know that her assertion that she represents PennyMac is subject to challenge — and that there is no automatic foul in the enforcement lawyer saying it even if it is untrue. Our system works on a process, not an “everyone knows” premise.

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People always file unprovable claims in court, even with sworn affidavits. Our system, based on process, requires the court to accept such claims as completely true if the Defendant or adversary files a motion to dismiss. There is no point in contesting that process. It is the only one we have.

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Our procedural system allows for final judgments to be entered based upon false allegations, false facts, and fraudulent conduct.

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In the absence of an aggressive and persuasive defense offered by Defendant, that is exactly what will happen. The banks knew this and weaponized this so many times that they created the illusion that there was no defense since very few homeowners defended against notices of default and foreclosures.

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In this process, the lawyer is not obligated to tell the truth, the whole truth, and nothing but the truth. The lawyer is usually not sworn in as a witness and is therefore not considered to be testifying in a letter or oral argument.

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The lawyer’s sole obligation is not to argue or present evidence knowing that it is false and/or fraudulent. The fact that they could have known or even must have known is generally insufficient for holding the lawyer accountable for misleading statements.

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The entire system is based solely on adversarial evidence and argument, not the underlying truth of the matter decided by the judge based upon questions posed by the defendant.

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The after-judgment cry by homeowners that the judge did not answer questions or that the opposing attorney did not answer questions is an avoidance of legal procedure. The decision will be upheld on appeal even if the judges on the appellate panel agree that they would have decided the case differently. That is the way the system was established.

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Neil F Garfield, MBA, JD, 76, 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.