Foreclosure Defense Attorneys are hard to find

Once of the most common problems readers of our blog describe is trouble finding a foreclosure defense attorney to take their case. Not only take their case but even listen to them! In our experience this is a result of two main issues.

1. Expertise
We often say amongst our team here at livinglies that not only are we among the very best at defending foreclosure,  we’re among the very few! This is a highly specialized practice and not for the faint of heart. (We are regularly attacked by the big money players and judges we oppose and appear in front of, and often unfairly sanctioned and penalized for pursuing this practice.) Your average attorney is not going to want to deal with that especially in a field they are not an expert in.

Establishing proper defenses means you must start early and “lay a trail in the sand” as Neil used to say. That means early expert challenges on standing and debt validation. If not done properly early in the process it becomes difficult later to get evidence admitted. Most lawyers do not have the volume of experience in this and do not take the time or resources to document evidence to be used later in legal proceedings.

2. Cost
Litigation is expensive. It’s gets more expensive if not done properly from the beginning of the case. Appeals cost more than a well-crafted motion early in a case and are less likely to result in a win although we regularly win on appeal. A fully drafted narrative for an appeal  cost thousands for us to research, prepare, and for local counsel to file. While we often prepare work for clients when they represent themselves, sadly Judges are less inclined to listen to a non lawyer in a court of law even if their arguments are sound.

If you start early our full case analysis is found here includes an in-depth review of your case history to document the kind of evidence and strategy needed to save your home. It includes a one-hour consultation with me after I have reviewed all your documents, case history and the forensic loan audit that is included with this full Case Analysis. (We only use forensic auditors willing and qualified to appear in court) Only after this is completed can we take further steps to advise you and prepare narratives for your or your attorney’s use.

We do offer Preliminary document reviews and a follow-up consultation found here but this is not a full case analysis and we would not be able to do anything but advise you on your current situation.

So what is the solution? First and foremost, it is to properly educate yourself on your rights in a foreclosure case. You have found yourself here on our blog so take the time to read through some of the thousands of posts on this very specialized topic of Foreclosure Defense. While our posts are a free resource for consumer education if you want to hear directly from me and my team fill out a case registration statement here and we will give you our opinion for free on how to best utilize our service.

We regularly get requests for a simple referral to an attorney. We don’t do that and here’s why. While we are a national legal consulting practice and only admitted to the bar in Florida and Michigan, we use our attorney network to provide litigation support and our narratives and strategy to win cases for our clients. In short you must be a client first before we send you with our work product to our attorney network. Our attorneys appreciate the expertise and evidence based approach to Foreclosure defense and that’s why they appreciate Neil Garfield’s methods and our delivery of a willing client and casework they can accept as a client engagement. If you want to continue to shop around for someone willing to take your case without any preliminary work being done to document whether or not you even have a Foreclosure defense case you will probably experience the frustration of not being able to find an attorney. Incidentally we find some of the best attorneys in our network are not even labeled as “Foreclosure Defense” attorneys but are really just experts at consumer litigation. They only take Foreclosure Defense cases from us because of our work product and a client willing and able to pay for their services. (our fees do not include attorney fees in a local jurisdiction but are much more reasonable due to our work product delivered to them)

So to summarize, start early in preparing your defense; it will be much less expensive than trying to appeal a bad decision by a judge who ruled on your case without seeing the kind of winning evidence they can use to side with you. Educate yourself here on our blog. Reach out for help.  We wish everyone going through foreclosure some new found peace and happiness in this new year. We are here for you.

Need help in assessing your case? Does your attorney need our help? Use our services to help guide you through the process early enough to avoid mistakes that can cost you your home in an illegal foreclosure action. Call our office today at 844.583.5339 to inquire if we can help. You can also submit a case statement here and get a complimentary recommendation as to your best course of action.

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.

Tags: foreclosure defense attorney, lance denha esq.
Posted in foreclosure defenses, legal standing, Motions, Pleading |