Are Judges Biased in Foreclosure Cases? How to Protect Yourself

The reality of Judicial bias in the courts

Judges display a tremendous amount of court bias against homeowners in foreclosure cases. Especially when they are representing themselves. They often trust banks more than homeowners. That doesn’t mean you can’t win.

Strategies to Overcome Judicial Bias in the courts

– Stick to facts, not emotion.
– Demand evidence from opposing counsel, not assumptions.
– File clear, concise pleadings. Use evidence from verified sources to document fraud or lack of standing.

The use of expert affidavits attesting to the evidence you are presenting is important. Ask us to help you document the evidence needed to present in court. (join our private facebook group here for samples of our expert affidavits)

-REQUEST AN “EVIDENTIARY HEARING” TO EXPOSE THE FRAUD COMMITTED BY BANK/AGENTS -ATTACK THE BANKS’ FRAUDULENT PRACTICES FROM THE INCEPTION OF THE CASE, ie. in your answer to the foreclosure complaint and in your affirmative defenses. (need help in drafting an answer to a foreclosure complaint? Request a free consultation from us on how we might help)

Why judges side with Banks

Volume and speed. Judges want to get cases resolved quickly especially if they do not see viable defenses. They assume banks are always right—until proven wrong. Don’t get tripped up by the judge who thinks you will get a “free house” if he rules in your favor. Learn how to talk to the judge when he asks when you last paid your mortgage. Here is a suggested answer from our mentor Neil Garfield:

“Your Honor, I’ve had my share of loans over the years. But the key thing here is, I’ve never taken a dime from these folks or anyone they took over from. So, when it comes to this loan, this debt, this default, this note, and this mortgage—I deny it all. I’ve got zero business dealings with them. If they say otherwise, it’s on them to prove it.”

Read our full blog post on this topic of HOW TO STAND YOUR GROUND WITHOUT OFFENDING THE JUDGE

-COURTS ARE GENERALLY BIASED AGAINST HOMEOWNERS AND FOCUS ON THE FACT THAT THE HOMEOWNER HASN’T PAID THEIR (MORTGAGE AND TAXES) AS OPPOSED TO REVIEWING THE BANKS INTENT TO DEFRAUD BY FILING FALSE DOCUMENTS IN THE RECORD TO OBTAIN A FINAL JUDGMENT OF FORECLOSURE

CALL TO ACTION

Foreclosure Defense is not easy because so many Judges are biased against homeowners. Foreclosure Defense is a specialty not practiced by most legal professionals as anyone who has searched for a Foreclosure Defense attorney knows. Our team has foreclosure defense as a specialty. We are a national practice. Contact us as early in the process as possible to retain most of your options.

YOUR HOME IS YOUR CASTLE WE HELP YOU DEFEND IT

Tags: foreclosure, foreclosure defense, foreclosure offense, foreclosures
Posted in evidence, expert witness, foreclosure defenses, legal standing, Motions, Pleading |