Livinglies's Weblog

*

But there are strategic benefits in filing an appeal, even if it is a long shot. It causes the opposition to take a step backward, and it interferes with the ability to sell the property.

*

Technically they are required to disclose any title issues. Many homeowners and their lawyers don’t take this step because they fear sanctions. Their fear is rooted in the conscious or subconscious belief that the sale of the house will be used to pay off a debt. That simply is not true. But as we all know, many false things become true in a courtroom simply because they are unopposed.

*

In terms of winning after a final order or final judgment has been rendered against the homeowner, the only option that has any weight, in my opinion, is a collateral action that alleges that the homeowner was unaware of material facts at the time of the foreclosure proceedings and those facts would have required a different result.

*

You must also allege that the homeowner had no access to those facts. The problem with that is the homeowner clearly does have access to those facts (not merely inconsistencies or unanswered questions) when the suit is filed, proving that had he asked, he would have found out then.

*

So the better case is one where there is an event after the final order. By definition, this is something that cannot be known before the final judgment or final order is rendered. If the event consists of an admission (or something close to an admission such as an inference or, better, a presumption) and the admission affects jurisdiction (standing), then you have something.

*

Also, if you restart the whole process by following the administrative process, you can file suit for violation of RESPA and FDCPA.

*

The whole objective is to reset the discovery window such that the opposition will violate court orders. I am in favor of filing discovery demands with the complaint. And a tactical move where the court is particularly closed to any attack by the homeowner is to file a motion based on new facts and ask for a limited discovery window in the interest of justice.

*

But you MUST take the strongest position, which is that the opposition had no standing or other rights to collect money from the homeowner AND that there is no corroborating evidence that the underlying obligation still exists. 

*

================

DID YOU LIKE THIS ARTICLE?
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.
CLICK TO DONATE

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.
*
FREE REVIEW: Don’t wait, Act NOW!

CLICK HERE FOR REGISTRATION FORM. It is free, with no obligation and we keep all information private. The information you provide is not used for any purpose except for providing services you order or request from us. You will receive an email response from Mr. Garfield  usually within 24 hours. In  the meanwhile you can order any of the following:

Click Here for Preliminary Document Review (PDR) [Basic, Plus, Premium) includes 30 minute recorded CONSULT). Includes title search under PDR Plus and PDR Premium.

Click here for Administrative Strategy ANALYSIS AND NARRATIVE. This could be all you need to preserve your objections and defenses to administration, collection or enforcement of your obligation. Suggestions for discovery demands are included.
*
CLICK HERE TO ORDER CONSULT (not necessary if you order PDR)
*
CLICK HERE TO ORDER CASE ANALYSIS 
*

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.