It is NOT the job of the court to answer your questions

Posted on April 21, 2023 by Neil Garfield

People familiar with my victories in court frequently ask for a list of generic questions that they hope will work in every case. Lay people are not rained to think within the context fo the rules of civil procedure or motions required to force the opposing side to comply with those rules.

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There are plenty of POSSIBLE questions and plenty of ways to ask them. But there is no list that is one size fits all. It MUST be tailored to the specific case. Some of the questions are obvious from my prior correspondence.

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But if you want me to participate in creating strategy and preparing a lawyer for court, then I will need a teleconference with the lawyer to figure out what the lawyer thinks he needs. In the course of that conversation, which is recorded and creates an AI transcription, the lawyer should be able to get all they need.
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But to be clear, there is no list of questions unless you are attempting to establish the merits of a particular defense; and you must be asking those questions to someone who has a legal obligation to answer. 
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Many homeowners lose in court and start complaining about corruption in the courtroom, saying that their questions were never answered. The foreclosure is not about your questions. It is about whether you owe money to the party who the lawyer says is making a claim against you.
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Every claim must assert or imply injury to the claimant. Every claim must assert or imply that the lawyer represents the claimant as a creditor to whom the debtor/homeowner owes money.
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All questions from the defense relate to testing the truth of those matters asserted or implied. Possession of the note, for example, implies that title to the underlying obligation was also transferred and that a party with the power to enforce has transferred that power to the transferee.
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In reviewing thousands of cases claiming the right to foreclose and take possession, I have not seen a single case since 2004 in which any proof of those simple elements was ever offered to the court — including in thousands of cases where the court entered an order requiring compliance.
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That leaves an unanswered question. But under the laws of procedure, noncompliance proves nothing unless the defender/homeowner aggressively pursues enforcement of the rules and the court’s orders. 

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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.

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